diff --git "a/billsum_output_openchat.csv" "b/billsum_output_openchat.csv" new file mode 100644--- /dev/null +++ "b/billsum_output_openchat.csv" @@ -0,0 +1,46242 @@ +text,summary,title,result +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``HIV Nondiscrimination in Travel and +Immigration Act of 2007''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) Under Federal immigration law, prospective immigrants, + foreign students, refugees, and tourists who are infected with + the Human Immunodeficiency Virus (HIV) are prohibited from + entering the United States. Applicants for permanent residence + and refugee status are required to be tested for HIV infection. + (2) Applicants for temporary admission as nonimmigrants, + such as tourists and foreign students, are required to disclose + their HIV status when applying for a visa. If questioned, such + applicants may be required to undergo an HIV test. + (3) The Secretary of Homeland Security may issue a waiver + to the HIV prohibition, on a case-by-case basis, only to any + HIV-positive individual who-- + (A)(i) applies for permanent admission as an + immigrant; + (ii) is the parent, spouse, unmarried son or + daughter, or minor adopted child of a United States + citizen or a permanent resident, or a refugee or asylee + adjusting to immigrant status; and + (iii) can establish that-- + (I) the danger to the public health of the + United States created by the applicant's + admission would be minimal; + (II) the possibility of the spread of the + infection created by the applicant's admission + would be minimal; and + (III) there would be no cost incurred by + any level of government agency of the United + States without the prior consent of that + agency; + (B)(i) applies for admission as a refugee; + (ii) is eligible for admission for humanitarian + purposes or to assure family unity, or whose admission + is otherwise in the public interest; and + (iii) meets the requirements described in + subclauses (I) and (II) of subparagraph (A)(iii); or + (C) applies for a short-term nonimmigrant visa, + including-- + (i) a tourist who meets the requirements + described in subclauses (I) through (III) of + subparagraph (A)(iii) and intends to remain in + the United States for less than 30 days; and + (ii) a participant in a designated event, + such as a conference or international sporting + event and intends to remain in the United + States for less than 10 days. + (4) The travel and immigration ban on HIV-positive + individuals-- + (A) was implemented in 1987 by regulations issued + through the Public Health Service of the Department of + Health and Human Services; and + (B) requires HIV screening for all persons over 14 + years of age who apply for an immigrant or nonimmigrant + visa. + (5) Section 212(a)(1)(A)(i) of the Immigration and + Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) authorizes the + Secretary of Health and Human Services to prescribe regulations + to determine which diseases are considered ``communicable + diseases of public health significance'' that would exclude + noncitizens with such diseases from entering the United States. + (6) In 1991, the Secretary of Health and Human Services, + after conducting a public health analysis, proposed ending the + HIV travel and immigration ban by removing HIV from the list of + communicable diseases of public health significance. The + proposal was eventually dropped due to opposition from the + Congress. + (7) In 1993, Congress revoked the authority of the + Secretary of Health and Human Services to make a public health + determination regarding HIV status as grounds for + inadmissibility for potential foreign students, tourists, + refugees, and immigrants to the United States by specifically + designating ``infection with the etiologic agent for acquired + immune deficiency syndrome'' as a communicable disease of + public health significance under section 212(a)(1)(A)(i) of the + Immigration and Nationality Act. + (8) The United States is 1 of 13 countries with a law that + bans travel and immigration for persons with HIV. The other + countries are Armenia, Brunei, China, Iraq, Qatar, South Korea, + Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and + Sudan. + (9) The HIV travel and immigration ban impacts thousands of + prospective HIV-positive foreign students, tourists, refugees + and immigrants who may be denied entry into the United States + due solely to their HIV status. + (10) The HIV travel and immigration ban may discourage some + foreign students, refugees, and nonpermanent residents who are + in the United States and who may be at risk of infection from + seeking testing, treatment, or care for HIV/AIDS. + (11) The United Nations, the Joint United Nations Programme + on HIV/AIDS (UNAIDS), and the World Health Organization oppose + any restrictions on travel and immigration for people living + with HIV/AIDS. The 2006 Consolidated Version of the United + Nation's International Guidelines on HIV/AIDS and Human Rights, + produced jointly by the Office of the United Nations High + Commissioner for Human Rights and UNAIDS, states ``There is no + public health rationale for restricting liberty of movement or + choice of residence on the grounds of HIV status. According to + current international health regulations, the only disease + which requires a certificate for international travel is yellow + fever. Therefore, any restrictions on these rights based on + suspected or real HIV status alone, including HIV screening of + international travellers, are discriminatory and cannot be + justified by public health concerns. . . . Where States + prohibit people living with HIV from longer-term residency due + to concerns about economic costs, States should not single out + HIV/AIDS, as opposed to comparable conditions, for such + treatment and should establish that such costs would indeed be + incurred in the case of the individual alien seeking residency. + In considering entry applications, humanitarian concerns, such + as family reunification and the need for asylum, should + outweigh economic considerations.''. + (12) On World AIDS Day, December 1, 2006, the President + proposed streamlining the current waiver process for HIV- + positive individuals seeking to enter the United States on + short-term business or tourist visas for up to 60 days by + granting them a categorical waiver. If implemented, the + President's proposal would only affect the waiver process for + short-term visitors, and would not affect HIV-positive + individuals seeking permanent residence or nontourist visas. + (13) There is no scientific evidence to support the claim + that the HIV travel and immigration ban is an effective way to + prevent the spread of HIV or that it provides any economic + benefit by reducing costs to the public health care system. + +SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. + + Section 212(a)(1)(A) of the Immigration and Nationality Act (8 +U.S.C. 1182(a)(1)(A)) is amended-- + (1) in clause (i), by striking ``which shall include + infection with the etiologic agent for acquired immune + deficiency syndrome,''; and + (2) by striking ``is inadmissibility'' and inserting ``is + inadmissible''. + +SEC. 4. REVIEW OF TRAVEL AND IMMIGRATION REGULATIONS REGARDING HIV. + + (a) Review.--Not later than 15 days after the date of the enactment +of this Act, the Secretary of Health and Human Services, in +consultation with the Secretary of Homeland Security, shall convene a +panel of public health experts, including nongovernmental experts, to +review all policies regarding HIV as a communicable disease of public +health significance under section 212(a)(1)(A)(i) of the Immigration +and Nationality Act (8 U.S.C. 1182 (a)(1)(A)(i)), including-- + (1) the results of the last analysis of the policy + conducted by the Public Health Service; and + (2) a 60-day public comment period initiated after + sufficient public notice in the Federal Register. + (b) Report.--Not later than 90 days after initiating the review +under subsection (a), the Secretary of Health and Human Services, in +consultation with the Secretary of Homeland Security, shall-- + (1) make a determination regarding the continued listing of + HIV as a communicable disease of public health significance + under section 212(a)(1)(A)(i) of such Act; + (2) submit a report to Congress containing the results of + such review, including-- + (A) the determination reached by the review + process; + (B) the rationale for the determination; + (C) the anticipated public health impact of the + determination in relation to other communicable + diseases; + (D) the estimated costs of implementing the + determination; + (E) the names and affiliations of members of the + review panel; and + (F) a brief summary of the public comments; and + (3) make the report described in paragraph (2) available to + the public.","HIV Nondiscrimination in Travel and Immigration Act of 2007 - Amends the Immigration and Nationality Act to eliminate the human immunodeficiency virus (HIV) bar to U.S. admission. + +Directs the Secretary of Health and Human Services to: (1) convene a panel of public health experts to review immigration policies regarding HIV as a communicable disease of public health significance (and thus a health-related ground for inadmissibility); and (2) make a determination and report to Congress regarding the continued listing of HIV as a health-related ground for inadmissibility.","A bill to remove a provision from the Immigration and Nationality Act that prohibits individuals with HIV from being admissible to the United States, and for other purposes."," The HIV Nondiscrimination in Travel and Immigration Act of 2007 aims to amend the Immigration and Nationality Act to remove HIV as a communicable disease of public health significance, thus ending the travel and immigration ban on HIV-positive individuals. The Act requires a review of travel and immigration regulations regarding HIV by the Secretary of Health and Human Services, who must convene a panel of public health experts to assess the policy. The Secretary must then submit a report to Congress with the results of the review, including the determination on whether HIV should continue to be listed as a communicable disease of public health significance, the rationale for the decision, the anticipated public health impact, estimated costs, and a summary of public comments." +"SECTION 1. FINDINGS. + + The Congress finds the following: + (1) Family offices are not of national concern in that + their advice, counsel, publications, writings, analyses, and + reports are not furnished or distributed to clients on a retail + basis, but are instead furnished or distributed only to persons + who are members of a particular family. + (2) Family offices do not hold themselves out to the public + as investment advisers. + (3) Family offices do not engage in the business of + advising others, but instead provide a wide range of services + to members of the family they serve, only one of which involves + investment advice, for which they may receive compensation from + the members of the family. + (4) Since the Investment Advisers Act of 1940 was enacted, + the Securities and Exchange Commission has regularly issued + orders to individual family offices exempting them from all of + the provisions of the Investment Advisers Act of 1940. + (5) Section 409 of the Dodd-Frank Wall Street Reform and + Consumer Protection Act expressly exempts family offices from + all of the provisions of the Investment Advisers Act of 1940. + (6) It was the intent of Congress that section 409 of the + Dodd-Frank Wall Street Reform and Consumer Protection Act be + interpreted broadly to encompass all family offices as they are + currently organized and operated, as well as to encompass + changes in the organization and operation of family offices in + the future. + +SEC. 2. FAMILY OFFICE DEFINITION. + + Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. +80b-2(a)) is amended-- + (1) in paragraph (11)(G), in the matter added by section + 409(a) of the Dodd-Frank Wall Street Reform and Consumer + Protection Act, by striking ``, as defined by rule, regulation, + or order of the Commission, in accordance with the purposes of + this title''; + (2) by redesignating the second paragraph (29), as added by + section 770 of the Dodd-Frank Wall Street Reform and Consumer + Protection Act, as paragraph (31); and + (3) by adding at the end the following new paragraph: + ``(32) Family office.-- + ``(A) In general.--The term `family office' means a + company (including any director, partner, trustee, or + employee of such company, when acting in their + respective capacities as such) that-- + ``(i) has no clients other than family + clients; + ``(ii) is-- + ``(I) owned, directly or + indirectly, by, + ``(II) controlled, directly or + indirectly, by, or + ``(III) operated primarily for the + benefit of, + family clients; and + ``(iii) does not hold itself out to the + public as an investment adviser. + ``(B) Grandfathering.--A person described under + section 409(b)(3) of the Dodd-Frank Wall Street Reform + and Consumer Protection Act, but who otherwise meets + the requirements under subparagraph (A), shall qualify + as a family office. + ``(C) Definitions.--For purposes of this paragraph: + ``(i) Control.--The term `control' means + the power to exercise a controlling influence + over the management or policies of a company, + unless such power is solely the result of being + an officer of such company. + ``(ii) Family client.--The term `family + client' means: + ``(I) Any family member. + ``(II) Any key employee. + ``(III) Any charitable foundation, + charitable organization, charitable + trust, or other non-profit organization + established or controlled, directly or + indirectly, by persons one or more of + whom is a family client. + ``(IV) Any trust or estate funded + exclusively by one or more family + members or established primarily for + the benefit of one or more family + clients. + ``(V) Any limited liability + company, partnership, corporation, or + other entity, if-- + ``(aa) such entity is + majority-owned or controlled, + directly or indirectly, by, or + operated primarily for the + benefit of, one or more family + clients; + ``(bb) the family office is + giving investment advice to + such entity; and + ``(cc) persons who are not + otherwise defined as a family + client do not own interests in + such entity. + ``(VI) Any former family member. + ``(VII) Any former key employee, + if, upon the termination of such + individual's employment by the family + office or family client, the former key + employee shall not receive investment + advice from the family office or the + family client (or invest additional + assets with a family office-advised + trust, charitable foundation, or + entity), other than with respect to + assets advised, directly or indirectly, + by the family office or family client + immediately prior to the termination of + such individual's employment, except + that a former key employee shall be + permitted to receive investment advice + from the family office with respect to + additional investments that the former + key employee was contractually + obligated to make, and that relate to a + family office advised investment + existing, in each case, prior to the + time the person became a former key + employee. For purposes of this + subclause, the term `family office' + shall include any entity described + under subclause (V). + ``(iii) Family member.-- + ``(I) In general.--The term `family + member' means: + ``(aa) Any natural person + whose economic activities + created or substantially + contributed to the family's + wealth, and such person's + spouse. + ``(bb) The siblings, + parents, grandparents of a + person described in item (aa). + ``(cc) The spouse of a + person described in item (bb). + ``(dd) The siblings of a + person described in item (bb) + or (cc). + ``(ee) The spouse of a + person described in item (dd). + ``(ff) The lineal + descendant of a person + described in item (bb), (cc), + (dd), or (ee). + ``(gg) The spouse of a + person described in item (ff). + ``(II) Construction.--For purposes + of this clause-- + ``(aa) the term `lineal + descendant' includes natural + children, adopted children, and + stepchildren; + ``(bb) the term `spouse' + includes spousal equivalents; + and + ``(cc) the terms + `siblings', `parents', and + `grandparents' include step- + siblings, step-parents, and + step-grandparents, + respectively. + ``(iv) Former family member.--The term + `former family member' means a spouse or a + descendant who was a family member but is no + longer a family member due to a divorce or + other similar event. + ``(v) Key employee.--The term `key + employee' means any natural person (and such + person's spouse or lineal descendant) who is an + executive officer, director, trustee, general + partner, or person serving in a similar + capacity, of the family office or any employee + of the family office (other than an employee + performing solely clerical, secretarial, or + administrative functions) who, in connection + with his or her regular functions or duties, + participates in the investment activities of + the family office. For purposes of this + subclause, the term `family office' shall + include any entity described under clause + (ii)(V). + ``(vi) Spousal equivalent.--The term + `spousal equivalent' means a cohabitant + occupying a relationship generally equivalent + to that of a spouse. + ``(D) Involuntary events.--If-- + ``(i) a person that is not a family client + becomes a client of the family office as a + result of the death of a family member or key + employee or other involuntary transfer from a + family member or key employee, or + ``(ii) a person ceases to be a family + client, + that person shall be deemed to be a family client until + the end of the 1-year period beginning on the date that + it is both legally and practically feasible for the + family office to transfer the affected assets to such + person, but in no event earlier than 1 year from the + date that it becomes legally feasible to transfer the + affected assets unless it becomes practically feasible + to affect such a transfer sooner.''.","Amends the Investment Advisers Act of 1940 to define ""family office"" (exempt from coverage by the Act) as a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.",To amend the Investment Advisers Act of 1940 to add a definition of family office.," The Congress finds that family offices are not of national concern as their advice, counsel, publications, writings, analyses, and reports are not furnished or distributed to clients on a retail basis but are instead furnished or distributed only to members of a particular family. Family offices do not hold themselves out to the public as investment advisers and do not engage in the business of advising others but provide a wide range of services to members of the family they serve, only one of which involves investment advice for which they may receive compensation from the members of the family. Since the Investment Advisers Act of 1940 was enacted, the Securities and Exchange Commission has regularly issued orders to individual family offices exempting them from all provisions of the Investment Advisers Act of 1940. Section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act expressly exempts family offices from all provisions of the Investment Advisers Act of 1940. It was the intent of Congress that section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act be interpreted broadly to encompass all family offices as they are currently organized and operated, as well as to encompass changes in the organization and operation of family offices in the future." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicare Drug Savings Through Choice +Act of 2007''. + +SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN + OPTION. + + (a) In General.--Subpart 2 of part D of the Social Security Act is +amended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the +following new section: + + ``medicare operated prescription drug plan option + + ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other +provision of this part, for each year (beginning with 2008), in +addition to any plans offered under section 1860D-11, the Secretary +shall offer a Medicare operated prescription drug plan (as defined in +subsection (b)) with a service area that consists of the entire United +States. + ``(b) Medicare Operated Prescription Drug Plan Defined.--For +purposes of this part, the term `Medicare operated prescription drug +plan' means a prescription drug plan that offers qualified prescription +drug coverage and access described in section 1860D-2(d) to the prices +negotiated under subsection (c)(1). Such plan may offer supplemental +prescription drug coverage in the same manner as other qualified +prescription drug coverage offered by other prescription drug plans. + ``(c) Enhanced Affordability Through Negotiations.-- + ``(1) In general.--Notwithstanding section 1860D-11(i), for + purposes of offering the Medicare operated prescription drug + plan under this section, the Secretary shall negotiate with + pharmaceutical manufacturers with respect to the purchase price + of such covered part D drugs and shall encourage the use of + more affordable therapeutic equivalents to the extent such + practices do not override medical necessity as determined by + the prescribing physician. + ``(2) Implementation of other cost savings strategies.--To + the extent practicable and consistent with paragraph (1), the + Secretary shall implement strategies similar to those used by + the Department of Veterans Affairs or other Federal purchasers + of prescription drugs, and other strategies, to reduce the + purchase cost of covered part D drugs. + ``(3) Conditioning use of formularies.--Insofar as the + Medicare operated prescription drug plan uses a formulary, such + plan shall inform, consistent with section 1860D-4(a)(3)(B), + enrollees of changes in such formulary, including changes in + covered drugs and the prices of such drugs. + ``(4) Savings used to fill gaps in prescription drug + coverage.--Any savings to the Medicare operated prescription + drug plan resulting from actions take under this subsection + shall be used by the plan to extend coverage under the plan to + individuals who have reached the initial coverage limit + applicable under the plan but who have not reached the annual + out-of-pocket threshold specified in section 1860D-2(b)(4)(B). + ``(d) Monthly Premiums.-- + ``(1) For qualified prescription drug coverage.-- + ``(A) Nationally uniform monthly beneficiary + premium.--The monthly beneficiary premium for qualified + prescription drug coverage and access to negotiated + prices described in section 1860D-2(a)(1)(A) to be + charged under the Medicare operated prescription drug + plan shall be uniform nationally. + ``(B) Bid based on costs.--The bid submitted under + section 1860D-11(b)(2)(C) for the Medicare operated + prescription drug plan shall be based on the average + monthly per capita actuarial cost of offering such plan + for the year involved, including administrative + expenses. + ``(2) Supplemental prescription drug coverage.--Insofar as + the Medicare operated prescription drug plan offers + supplemental prescription drug coverage, the Secretary shall + adjust the amount of the bid submitted under section 1860D- + 11(b)(2)(C) (and the premium charged under paragraph (1)) to + reflect the additional benefits offered under such coverage. + ``(e) Open Enrollment.--A part D eligible individual may enroll in +the Medicare operated prescription drug plan at any time.''. + (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare +Operated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act +(42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the +following new sentence: ``A part D eligible individual described in +this paragraph does not include an individual enrolled in the Medicare +operated prescription drug plan during the period in which the +individual is so enrolled.''. + (c) Conforming Amendments.-- + (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security + Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting + ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of + this subsection''. + (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w- + 102(b)(3)(A)) is amended by inserting ``and section 1860D- + 11A(c)(4)'' after ``paragraph (4)''. + (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a)) + is amended by adding at the end the following new paragraph: + ``(4) Availability of the medicare operated prescription + drug plan.-- + ``(A) In general.--The Medicare operated + prescription drug plan shall be offered nationally in + accordance with section 1860D-11A. + ``(B) Relationship to other plans.-- + ``(i) In general.--Subject to clause (ii), + the Medicare operated prescription drug plan + shall be offered in addition to any qualifying + plan or fallback prescription drug plan offered + in a PDP region and shall not be considered to + be such a plan for purposes of meeting the + requirements of this subsection. + ``(ii) Designation as a fallback plan.-- + Notwithstanding any other provision of this + part, the Secretary may designate the Medicare + operated prescription drug plan as the fallback + prescription drug plan for any fallback service + area (as defined in section 1860D-11(g)(3)) + determined to be appropriate by the + Secretary.''. + (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w- + 113(c)(3)) is amended-- + (A) in the heading, by inserting ``and the Medicare + operated prescription drug plan'' after ``Fallback + plans''; and + (B) by inserting ``or the Medicare operated + prescription drug plan'' after ``a fallback + prescription drug plan''. + (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w- + 116(b)(1)) is amended-- + (A) in subparagraph (C), by striking ``and'' after + the semicolon at the end; and + (B) in subparagraph (D), by striking the period at + the end and inserting ``; and''; and + ``(E) payments for expenses incurred with respect + to the operation of the Medicare operated prescription + drug plan under section 1860D-11A.''. + (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w- + 151(a)) is amended by adding at the end the following new + paragraph: + ``(19) Medicare operated prescription drug plan.--The term + `Medicare operated prescription drug plan' has the meaning + given such term in section 1860D-11A(b).''.","Medicare Drug Savings Through Choice Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States; (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs; and (3) encourage the use of more affordable therapeutic equivalents. + +Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage.",To amend title XVIII of the Social Security Act to provide for a Medicare operated prescription drug plan option to deliver a meaningful drug benefit and lower prescription drug prices under the Medicare Program.," The Medicare Drug Savings Through Choice Act of 2007 aims to establish a Medicare operated prescription drug plan option for Medicare beneficiaries. This plan would offer qualified prescription drug coverage and access at negotiated prices. The Secretary of Health and Human Services would negotiate with pharmaceutical manufacturers to enhance affordability through negotiations and cost savings strategies. The plan would have a nationwide service area and offer supplemental prescription drug coverage. Monthly premiums would be nationally uniform, with bids based on average monthly per capita actuarial costs. Open enrollment would be available for eligible individuals." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Helping College Students Cross the +Finish Line Act''. + +SEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND + VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN + COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. + + Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. +1070 et seq.) is amended by inserting after subpart 7 the following new +subpart: + +``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate +and Vocational Students With Financial Need To Assist in Completion of + Degree and Certificate Programs + +``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE + AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN + COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. + + ``(a) Grants for Establishment of Financial Assistance Program.-- +The Secretary shall award grants to institutions of higher education to +establish programs of financial assistance for students in accordance +with this section. + ``(b) Financial Assistance Program.-- + ``(1) Establishment.--An institution of higher education + receiving a grant under subsection (a) shall establish a + financial assistance program to award funds to not less than + 100 eligible students per academic year in accordance with this + subsection. + ``(2) Student eligibility.--A student shall be eligible for + an award under a financial assistance program established by an + institution of higher education in accordance with this + subsection if-- + ``(A) such student is enrolled as an undergraduate + or vocational student at such institution on a not less + than half-time basis; + ``(B) such student is academically able to complete + the degree or certificate program for which such + student is enrolled within an academic year; + ``(C) such student is in good academic standing at + such institution (as determined by such institution) at + the time of the distribution of the award; + ``(D) in the case of a student who previously + received an award under this section, such student + maintained good academic standing during the academic + period for which the student received such previous + award under this section; + ``(E) such student has an outstanding tuition + payment due to such institution and is unable to fully + pay the amount due; and + ``(F) the institution determines that without + financial assistance, such student will discontinue the + degree or certificate program for which such student is + enrolled due to an inability to pay tuition. + ``(3) Grant amount.--The amount of an award to a student + under a financial assistance program established by an + institution of higher education in accordance with this + subsection for a semester or equivalent shall be the lesser + of-- + ``(A) $1,000; or + ``(B) the amount of tuition such institution + determines the student is unable to pay for such + semester or equivalent. + ``(4) Limitation on number of grants.--A student may only + receive an award under a financial assistance program + established by an institution of higher education in accordance + with this subsection for a total of two semesters or the + equivalent of two semesters. + ``(5) Information on other financial assistance.-- + ``(A) Information required.--Each institution of + higher education receiving a grant under subsection (a) + shall provide information to each covered student + attending such institution on financial assistance + available from any source other than this section. + ``(B) Covered student defined.--In this paragraph, + the term `covered student' means a student receiving an + award under a financial assistance program established + by an institution of higher education in accordance + with this subsection in an amount that does not fully + pay an outstanding tuition payment due to such + institution. + ``(c) Financial Literacy Survey.--The Secretary shall create, and +each student receiving an award under a financial assistance program +established by an institution of higher education in accordance with +subsection (b) shall complete, an online survey concerning financial +literacy. Such survey shall include matters relating to budgeting and +saving, student loan debt, and career planning. + ``(d) Reports.-- + ``(1) Institutions of higher education.--Each institution + of higher education receiving a grant under subsection (a) + shall annually submit to the Secretary a report containing, for + the academic year preceding the date of the submission of such + report-- + ``(A) the number of students enrolled at such + institution that received an award under a financial + assistance program established by such institution in + accordance with subsection (b); + ``(B) the number of such students who completed the + degree or certificate program in which such students + were enrolled during such academic year; + ``(C) the number of such students who, following + completion of the degree or certificate program in + which such students were enrolled, subsequently + enrolled in a degree or certificate program at a higher + level; + ``(D) the number of such students who, following + completion of the degree or certificate program in + which such students were enrolled, subsequently + obtained full-time employment and the average salary + for such students; and + ``(E) any other information that the Secretary + considers necessary. + ``(2) Secretary.--The Secretary shall annually submit to + Congress a report on the implementation of this section. Such + report shall include-- + ``(A) the aggregate data submitted by all + institutions of higher education in accordance with + paragraph (1); + ``(B) an analysis of the grant program under this + section and any suggestions for improving such program; + and + ``(C) any other information that the Secretary + considers necessary. + ``(e) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section such sums as may be necessary +for fiscal years 2015 through 2020.''.","Helping College Students Cross the Finish Line Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis; are academically able to complete the degree or certificate program in which they are enrolled within an academic year; are in good academic standing; if they previously received such an award, maintained good academic standing during the academic period for which they received such award; are unable to fully pay an outstanding tuition payment that is due; and without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning.",Helping College Students Cross the Finish Line Act," The ""Helping College Students Cross the Finish Line Act"" aims to provide grants to institutions to establish financial assistance programs for undergraduate and vocational students with financial need to help them complete their degree or certificate programs. Institutions receiving grants must establish programs to award funds to at least 100 eligible students per academic year. Students must be enrolled at least half-time, academically able to complete their program within an academic year, maintain good academic standing, have an outstanding tuition payment they cannot fully pay, and be at risk of discontinuing their program due to tuition costs. Awards are limited to two semesters or the equivalent of two semesters per student. Institutions must provide information on other financial assistance sources to students receiving awards. The Secretary of Education is responsible for creating an online financial literacy survey for students receiving awards and for submitting annual reports on the program's implementation to Congress." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Housing Authority Funding Fairness +Act of 2007''. + +SEC. 2. VOUCHER RENEWAL FUNDING. + + Section 8 of the United States Housing Act of 1937 (42 U.S.C. +1437f) is amended by striking subsection (dd) and inserting the +following new subsection: + ``(dd) Tenant-Based Vouchers.-- + ``(1) Authorization of appropriations.--There are + authorized to be appropriated, for each of fiscal years 2008 + through 2012, such sums as may be necessary for tenant-based + assistance under subsection (o) for the following purposes: + ``(A) To renew all expiring annual contributions + contracts for tenant-based rental assistance. + ``(B) To provide tenant-based rental assistance + for-- + ``(i) relocation and replacement of housing + units that are demolished or disposed of + pursuant to the Omnibus Consolidated + Rescissions and Appropriations Act of 1996 + (Public Law 104-134); + ``(ii) conversion of section 23 projects to + assistance under this section; + ``(iii) the family unification program + under subsection (x) of this section; + ``(iv) relocation of witnesses in + connection with efforts to combat crime in + public and assisted housing pursuant to a + request from a law enforcement or prosecution + agency; + ``(v) enhanced vouchers authorized under + subsection (t) of this section; + ``(vi) vouchers in connection with the HOPE + VI program under section 24; + ``(vii) demolition or disposition of public + housing units pursuant to section 18 of the + United States Housing Act of 1937 (42 U.S.C. + 1437p); + ``(viii) mandatory and voluntary + conversions of public housing to vouchers, + pursuant to sections 33 and 22 of the United + States Housing Act of 1937, respectively (42 + U.S.C. 1437z-5, 1437t); + ``(ix) vouchers necessary to comply with a + consent decree or court order; + ``(x) vouchers transferred from another + public housing agency; and + ``(xi) tenant protection assistance, + including replacement and relocation + assistance. + ``(2) Allocation of renewal funding among public housing + agencies.-- + ``(A) From amounts appropriated for each year + pursuant to paragraph (1)(A), the Secretary shall + provide renewal funding for each public housing + agency-- + ``(i) based on leasing and costs from the + prior year, as adjusted by an annual adjustment + factor to be established by the Secretary; + ``(ii) by making any adjustments necessary + to provide for the first-time renewal of + vouchers funded under paragraph (1)(B); and + ``(iii) by making such other adjustments as + the Secretary considers appropriate. + ``(B) Leasing and cost data.--For purposes of + subparagraph (A)(i), leasing and cost data shall be + calculated not less often than biennially by using the + average for the calendar year that, at the time of such + calculation, is the most recently completed calendar + year for which the Secretary determines data is + available, substantially verifiable, and complete. Such + leasing data shall be adjusted to include vouchers that + were set aside under a commitment to provide project- + based assistance under subsection (o)(13). + ``(C) Moving to work.--Notwithstanding + subparagraphs (A) and (B), each public housing agency + participating at any time in the moving to work + demonstration under section 204 of the Departments of + Veterans Affairs and Housing and Urban Development, and + Independent Agencies Appropriations Act, 1996 (42 + U.S.C. 1437f note) or in the Moving to Work program + under section 36 of this Act shall be funded pursuant + to its agreement under such program and shall be + subject to any pro rata adjustment made under + subparagraph (D). + ``(D) Pro rata allocation.-- + ``(i) Insufficient funds.--To the extent + that amounts made available for a fiscal year + are not sufficient to provide each public + housing agency with the full allocation for the + agency determined pursuant to subparagraphs (A) + and (C), the Secretary shall reduce such + allocation for each agency on a pro rata basis, + except that renewal funding of enhanced + vouchers under section 8(t) shall not be + subject to such proration. + ``(ii) Excess funds.--To the extent that + amounts made available for a fiscal year exceed + the amount necessary to provide each housing + agency with the full allocation for the agency + determined pursuant to subparagraphs (A) and + (C), such excess amounts shall be used for the + purposes specified in subparagraphs (B) and (C) + of paragraph (4). + ``(3) Advances.-- + ``(A) Authority.--During the last 3 months of each + calendar year, the Secretary shall provide amounts to + any public housing agency, at the request of the + agency, in an amount up to two percent of the + allocation for the agency for such calendar year. + ``(B) Use.--Amounts advanced under subparagraph (A) + may be used to pay for additional voucher costs, + including costs related to temporary overleasing. + ``(C) Repayment.--Amounts advanced under + subparagraph (A) in a calendar year shall be repaid to + the Secretary in the subsequent calendar year by + reducing the amounts made available for such agency for + such subsequent calendar year pursuant to allocation + under paragraph (2) by an amount equal to the amount so + advanced to the agency. + ``(4) Recapture.-- + ``(A) In general.--The Secretary shall recapture, + from amounts provided under the annual contributions + contract for a public housing agency for a calendar + year, all amounts allocated under paragraph (2) that + are unused by the agency at the end of each calendar + year. + ``(B) Reallocation.--Not later than May 1 of each + calendar year, the Secretary shall-- + ``(i) calculate the aggregate unused + amounts for the preceding year recaptured + pursuant to subparagraph (A); + ``(ii) set aside and make available such + amounts as the Secretary considers appropriate + to reimburse public housing agencies for + increased costs related to portability and + family self-sufficiency activities during such + year; and + ``(iii) reallocate all remaining amounts + among public housing agencies that, in the + preceding year, used at least 99 percent of + amounts allocated under paragraph (2) for the + agency and leased fewer than the number of + vouchers authorized for the agency; except that + the Secretary may establish priority for + allocation of such amounts to public housing + agencies that leased fewer vouchers in such + preceding year than in the 12-month period + ending April 1, 2004. + ``(C) Use.--Amounts reallocated to a public housing + agency pursuant to subparagraph (B)(iii) may be used + only to increase voucher leasing rates to the level + authorized for the agency.''.","Housing Authority Funding Fairness Act of 2007 - Amends the United States Housing Act of 1937 to: (1) repeal tenant-based contract renewals by application of an inflation factor; and (2) authorize FY2008-FY2012 appropriations for tenant-based rental assistance (vouchers). + +Prescribes requirements for renewal funding for each public housing agency.",To authorize the renewal of tenant-based rental assistance vouchers under section 8 of the United States Housing Act of 1937.," The Housing Authority Funding Fairness Act of 2007 aims to amend Section 8 of the United States Housing Act of 1937 by authorizing appropriations for tenant-based vouchers for various purposes, including renewing expiring annual contributions for tenant-based rental assistance, relocation and replacement of housing units, family unification programs, witness relocation programs, enhanced vouchers, HOPE VI program vouchers, demolition or disposition of public housing units, mandatory and voluntary conversions of public housing to vouchers, vouchers to comply with consent decrees or court orders, vouchers transferred from another public housing agency, and tenant protection assistance. The Secretary shall provide renewal funding for each public housing agency based on leasing and costs from the prior year, adjusted by an annual adjustment factor. The Act also covers advances, repayment, recapture, reallocation, and use of amounts for public housing agencies." +"SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY +CARD PROGRAM IMPROVEMENTS AND ASSESSMENT. + (a) Credential Improvements.-- + (1) In general.--Not later than 60 days after the date of + enactment of this Act, the Administrator of the Transportation + Security Administration shall commence actions, consistent with + section 70105 of title 46, United States Code, to improve the + Transportation Security Administration's process for vetting + individuals with access to secure areas of vessels and maritime + facilities. + (2) Required actions.--The actions described under paragraph + (1) shall include-- + (A) conducting a comprehensive risk analysis of security + threat assessment procedures, including-- + (i) identifying those procedures that need additional + internal controls; and + (ii) identifying best practices for quality assurance + at every stage of the security threat assessment; + (B) implementing the additional internal controls and best + practices identified under subparagraph (A); + (C) improving fraud detection techniques, such as-- + (i) by establishing benchmarks and a process for + electronic document validation; + (ii) by requiring annual training for Trusted Agents; + and + (iii) by reviewing any security threat assessment- + related information provided by Trusted Agents and + incorporating any new threat information into updated + guidance under subparagraph (D); + (D) updating the guidance provided to Trusted Agents + regarding the vetting process and related regulations; + (E) finalizing a manual for Trusted Agents and adjudicators + on the vetting process; and + (F) establishing quality controls to ensure consistent + procedures to review adjudication decisions and terrorism + vetting decisions. + (3) Report.--Not later than 2 years after the date of enactment + of this Act, the Inspector General of the Department of Homeland + Security shall submit a report to Congress that evaluates the + implementation of the actions described in paragraph (1). + (b) Comprehensive Security Assessment of the Transportation +Security Card Program.-- + (1) In general.--Not later than 60 days after the date of + enactment of this Act, the Secretary of Homeland Security shall + commission an assessment of the effectiveness of the transportation + security card program (referred to in this section as ``Program'') + required under section 70105 of title 46, United States Code, at + enhancing security and reducing security risks for facilities and + vessels regulated under chapter 701 of that title. + (2) Location.--The assessment commissioned under paragraph (1) + shall be conducted by a research organization with significant + experience in port or maritime security, such as-- + (A) a national laboratory; + (B) a university-based center within the Science and + Technology Directorate's centers of excellence network; or + (C) a qualified federally-funded research and development + center. + (3) Contents.--The assessment commissioned under paragraph (1) + shall-- + (A) review the credentialing process by determining-- + (i) the appropriateness of vetting standards; + (ii) whether the fee structure adequately reflects the + current costs of vetting; + (iii) whether there is unnecessary redundancy or + duplication with other Federal- or State-issued + transportation security credentials; and + (iv) the appropriateness of having varied Federal and + State threat assessments and access controls; + (B) review the process for renewing applications for + Transportation Worker Identification Credentials, including the + number of days it takes to review application, appeal, and + waiver requests for additional information; and + (C) review the security value of the Program by-- + (i) evaluating the extent to which the Program, as + implemented, addresses known or likely security risks in + the maritime and port environments; + (ii) evaluating the potential for a non-biometric + credential alternative; + (iii) identifying the technology, business process, and + operational impacts of the use of the transportation + security card and transportation security card readers in + the maritime and port environments; + (iv) assessing the costs and benefits of the Program, + as implemented; and + (v) evaluating the extent to which the Secretary of + Homeland Security has addressed the deficiencies in the + Program identified by the Government Accountability Office + and the Inspector General of the Department of Homeland + Security before the date of enactment of this Act. + (4) Deadlines.--The assessment commissioned under paragraph (1) + shall be completed not later than 1 year after the date on which + the assessment is commissioned. + (5) Submission to congress.--Not later than 60 days after the + date that the assessment is completed, the Secretary of Homeland + Security shall submit to the Committee on Commerce, Science, and + Transportation and the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on Homeland + Security and the Committee on Transportation and Infrastructure of + the House of Representatives the results of the assessment + commissioned under this subsection. + (c) Corrective Action Plan; Program Reforms.--If the assessment +commissioned under subsection (b) identifies a deficiency in the +effectiveness of the Program, the Secretary of Homeland Security, not +later than 60 days after the date on which the assessment is completed, +shall submit a corrective action plan to the Committee on Commerce, +Science, and Transportation and the Committee on Homeland Security and +Governmental Affairs of the Senate, the Committee on Homeland Security +and the Committee on Transportation and Infrastructure of the House of +Representatives that-- + (1) responds to findings of the assessment; + (2) includes an implementation plan with benchmarks; + (3) may include programmatic reforms, revisions to regulations, + or proposals for legislation; and + (4) shall be considered in any rulemaking by the Department of + Homeland Security relating to the Program. + (d) Inspector General Review.--If a corrective action plan is +submitted under subsection (c), the Inspector General of the Department +of Homeland Security shall-- + (1) not later than 120 days after the date of such submission, + review the extent to which such plan implements the requirements + under subsection (c); and + (2) not later than 18 months after the date of such submission, + and annually thereafter for 3 years, submit a report to the + congressional committees set forth in subsection (c) that describes + the progress of the implementation of such plan. + + 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 December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan. ","To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes."," This text discusses improvements and assessments for the Transportation Worker Identification Credential Security Card Program. It outlines actions to improve the Transportation Security Administration's process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions include conducting risk analysis, implementing additional internal controls and best practices, improving fraud detection techniques, updating guidance for Trusted Agents, finalizing a manual for Trusted Agents and adjudicators, and establishing quality controls for adjudication decisions and terrorism vetting decisions. A report on the implementation of these actions is to be submitted to Congress within two years. Additionally, the Secretary of Homeland Security is to commission an assessment of the effectiveness of the transportation security card program within 60 days. If deficiencies are identified, a corrective action plan must be submitted within 60 days, which will be reviewed by the Inspector General of the Department of Homeland Security." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Southern Prairie Potholes National +Wildlife Refuge Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) the area of the State of Iowa known as the Southern + Prairie Potholes and consisting primarily of the Willow Creek + watershed in Greene County offers exceptional potential for + restoration into a bountiful native wildlife habitat area; + (2) ongoing restoration and preservation of this wildlife + habitat area will significantly enhance opportunities for + outdoor recreation in this region, including waterfowl and + upland hunting, wildlife viewing, and hiking; + (3) the Southern Prairie Potholes area is located at the + southwestern edge of the Des Moines Lobe left by glaciers + 12,000 years ago; + (4) the sloughs and grassland offer a substantial oasis of + both wetland and grassland habitat at the southwestern boundary + of the most heavily cropped region in Iowa; + (5) because of the location of the Southern Prairie + Potholes at the edge of the multistate and international region + known as the Prairie Potholes Region, and along important + migratory flyways, the restoration and preservation of the area + is critical to providing wildlife habitat across the full + extent of the Prairie Potholes Region; + (6) this 23,500-acre area has for years been designated by + the Prairie Pothole Joint Venture as a priority area for + restoration and preservation because of the importance of the + area to wildlife, facilitating gradual public land acquisition + for habitat restoration; + (7) the area already includes the 2,134-acre Dunbar Slough + wetland complex of Federal and State land managed as popular + wildlife and hunting areas serving Carroll, Greene, and Guthrie + Counties and beyond; + (8) national wildlife refuges increasingly follow a mosaic + pattern with a core of publicly held land surrounded by + privately held land also located within the refuge boundary; + (9) private ownership and uses are not affected for private + land within the designated boundaries of the refuge, but + private landowners may be provided increased opportunities for + partnering on conservation or restoration practices; + (10) restoration and preservation of the Southern Prairie + Potholes area will benefit hundreds of birds, mammals, + butterflies, reptiles, and amphibians that have been classified + as species of greatest conservation need, including the + endangered Blanding's turtle; + (11) restoration of grassland and wetland in the area will + contribute to improved flood control and water quality + downstream, as the Middle Raccoon River is the major water + source for the Des Moines metropolitan region and other + communities; + (12) the Southern Prairie Potholes area offers unique + recreational appeal because the area is adjacent to the + existing Whiterock Conservancy, a 4,300-acre land trust + dedicated to conserving and protecting the natural resources of + Iowa and engaging the public with the landscape; + (13) Whiterock Conservancy offers outdoor recreation and + education and includes a major new Backcountry Trail complex; + (14) the proximity of the Southern Prairie Potholes to the + largest metropolitan area in Iowa adds to the ability of the + area to provide natural resource experiences to a broad + community; and + (15) the area is already attracting cyclists, and that + appeal will grow with ongoing development of the cross-country + American Discovery Trail transecting the area. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Refuge.--The term ``Refuge'' means the Southern Prairie + Potholes National Wildlife Refuge established under section 4. + (2) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + +SEC. 4. ESTABLISHMENT AND PURPOSE OF REFUGE. + + (a) Establishment.-- + (1) In general.--The Secretary shall establish the Southern + Prairie Potholes National Wildlife Refuge, consisting of + approximately 23,500 acres of Federal land, water, and + interests in land and water within the boundaries depicted on + the map entitled ``Southern Prairie Potholes Project Area'' and + dated August 26, 2014. + (2) Boundary revisions.--The Secretary shall make such + minor revisions of the boundaries of the Refuge as may be + appropriate to carry out the purposes of the Refuge or to + facilitate the acquisition of property within the Refuge. + (3) Availability of map.--The Secretary shall keep the map + referred to in paragraph (1) available for inspection in + appropriate offices of the United States Fish and Wildlife + Service. + (b) Purposes.--The purposes of the Refuge are-- + (1) to enhance opportunities for outdoor recreation, + including waterfowl and upland hunting, hiking, native habitat + exploration, and wildlife viewing; + (2) to provide for the restoration or preservation of + Refuge land to native wetland and grassland habitats and + landscapes; + (3) to provide for the restoration and conservation of + native plants and animal communities on suitable sites in the + Southern Prairie Potholes area, including the protection of + threatened and endangered species and the restoration of + extirpated species; + (4) to provide critical travel and nesting habitat for + migratory birds; + (5) to provide opportunities to private landowners to + access technical or financial assistance for the voluntary + restoration of the land of the private landowners for the + benefit of fish and wildlife; + (6) to provide for outdoor recreation, including hunting, + hiking, paddling, and wildlife viewing to the public; and + (7) to facilitate the education of the public, especially + young people, about nature, the environment, and the + conservation of the natural resources. + (c) Effective Date.-- + (1) In general.--The establishment of the Refuge shall take + effect on the date on which the Secretary publishes a notice + that sufficient property has been acquired by the United States + within the boundaries described in subsection (a)(1) to + constitute an area that can be efficiently managed as a + National Wildlife Refuge. + (2) Publication.--The Secretary shall publish the notice + described in paragraph (1) in the Federal Register and + publications of local circulation in the vicinity of the area + within the boundaries described in subsection (a)(1). + +SEC. 5. ADMINISTRATION OF REFUGE. + + (a) In General.--Subject to the purposes described in section 4(b), +the Secretary shall administer all land, water, and interests in land +and water acquired under this Act in accordance with the National +Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et +seq.). + (b) Additional Authority.--The Secretary may use such additional +statutory authority as may be available for the conservation of fish +and wildlife, and the provision of fish- and wildlife-oriented +recreational opportunities, as the Secretary considers appropriate to +carry out the purposes of this Act. + (c) Priority Uses.--In providing opportunities for compatible fish- +and wildlife-oriented recreation, the Secretary, in accordance with +paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge +System Administration Act of 1996 (16 U.S.C. 668dd(a)), shall ensure +that hunting, fishing, wildlife observation and photography, and +environmental education and interpretation are the priority public uses +of the Refuge. + (d) Volunteers and Partnerships.--The Secretary shall encourage the +use of volunteers and facilitate partnerships among the United States +Fish and Wildlife Service, local communities, conservation +organizations, and other non-Federal entities to promote public +awareness, conservation, and priority uses of the resources of the +Refuge. + +SEC. 6. ACQUISITION OF LAND AND WATER. + + (a) In General.--Subject to subsection (c) and the availability of +appropriations, the Secretary may acquire up to 23,500 acres of land +and water, or interests in land and water, within the boundaries of the +Refuge as described in section 4(a)(1). + (b) Inclusion in Refuge.--Any land, water, or interests acquired by +the Secretary under this section shall be part of the Refuge. + (c) Manner of Acquisition.--All acquisition of land or water under +this section shall be made in a voluntary manner from willing sellers +only. + +SEC. 7. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as are necessary +to carry out this Act.","Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation; (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) provide for the restoration and conservation of native plants and animal communities; (4) provide critical travel and nesting habitat for migratory birds; (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife; and (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources. .",Southern Prairie Potholes National Wildlife Refuge Act," The Southern Prairie Potholes National Wildlife Refuge Act aims to establish a wildlife refuge in Iowa to enhance outdoor recreation opportunities, restore and preserve native wetland and grassland habitats, and protect threatened and endangered species. The refuge will consist of approximately 23,500 acres and will be managed to prioritize public uses such as hunting, fishing, wildlife observation, photography, and environmental education. The establishment of the refuge will be contingent on sufficient property acquisition by the United States within the specified boundaries." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Women's High-Growth +Business Bipartisan Task Force Act of 2012''. + +SEC. 2. DEFINITIONS. + + In this Act-- + (1) the terms ``Administration'' and ``Administrator'' mean + the Small Business Administration and the Administrator + thereof, respectively; + (2) the term ``Task Force'' means the National Women's + High-Growth Business Bipartisan Task Force established under + section 3; and + (3) the term ``small business concern owned and controlled + by women'' has the meaning given that term in section 3(n) of + the Small Business Act (15 U.S.C. 632(n)). + +SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE. + + (a) Establishment.--There is established the National Women's High- +Growth Business Bipartisan Task Force, which shall serve as an +independent source of advice, research, and policy recommendations to-- + (1) the Administrator; + (2) the Assistant Administrator of the Office of Women's + Business Ownership of the Administration; + (3) Congress; + (4) the President; and + (5) other Federal departments and agencies. + (b) Membership.-- + (1) Number of members.--The Task Force shall be composed of + 15 members, of which-- + (A) 8 shall be individuals who own small business + concerns owned and controlled by women, including not + fewer than 2 individuals who own small business + concerns owned and controlled by women in industries in + which women are traditionally underrepresented; + (B) 2 shall be individuals having expertise + conducting research on women's business, women's + entrepreneurship, new business development by women, + and high-growth business development; and + (C) 5 shall be individuals who represent women's + business organizations, including women's business + centers and women's business advocacy groups. + (2) Appointment of members.-- + (A) Owners of small business concerns owned and + controlled by women.--Of the members of the Task Force + described in paragraph (1)(A)-- + (i) 2 shall be appointed by the Chairperson + of the Committee on Small Business and + Entrepreneurship of the Senate; + (ii) 2 shall be appointed by the Ranking + Member of the Committee on Small Business and + Entrepreneurship of the Senate; + (iii) 2 shall be appointed by the + Chairperson of the Committee on Small Business + of the House of Representatives; and + (iv) 2 shall be appointed by the Ranking + Member of the Committee on Small Business of + the House of Representatives. + (B) Other members.--The members of the Task Force + described in subparagraphs (B) and (C) of paragraph (1) + shall be appointed by the Administrator. + (C) Initial appointments.--The individuals + described in subparagraphs (A) and (B) shall appoint + the initial members of the Task Force not later than 90 + days after the date of enactment of this Act. + (D) Geographic considerations.--In making an + appointment under this paragraph, the individuals + described in subparagraphs (A) and (B) shall give + consideration to the geographic areas of the United + States in which the members of the Task Force live and + work, particularly to ensure that rural areas are + represented on the Task Force. + (E) Political affiliation.--Not more than 8 members + of the Task Force may be members of the same political + party. + (3) Chairperson.-- + (A) Election of chairperson.--The members of the + Task Force shall elect 1 member of the Task Force as + Chairperson of the Task Force. + (B) Vacancies.--Any vacancy in the position of + Chairperson of the Task Force shall be filled by the + Task Force at the first meeting of the Task Force after + the date on which the vacancy occurs. + (4) Term of service.-- + (A) In general.--Except as provided in subparagraph + (B), the term of service of each member of the Task + Force shall be 3 years. + (B) Terms of initial appointees.--Of the members of + the Task Force first appointed after the date of + enactment of this Act-- + (i) 6 shall be appointed for a term of 4 + years, including-- + (I) 1 member appointed by the + individuals described in each of + clauses (i), (ii), (iii), and (iv) of + paragraph (2)(A); and + (II) 2 members appointed by the + Administrator; and + (ii) 5 shall be appointed for a term of 5 + years, including-- + (I) 1 member appointed by the + individuals described in each of + clauses (i), (ii), (iii), and (iv) of + paragraph (2)(A); and + (II) 1 member appointed by the + Administrator. + (5) Vacancies.--A vacancy on the Task Force shall be filled + not later than 30 days after the date on which the vacancy + occurs, in the manner in which the original appointment was + made, and shall be subject to any conditions that applied to + the original appointment. An individual chosen to fill a + vacancy shall be appointed for the unexpired term of the member + replaced. + (6) Prohibition on federal employment.-- + (A) In general.--Except as provided in subparagraph + (B), no member of the Task Force may serve as an + officer or employee of the United States. + (B) Exception.--A member of the Task Force who + accepts a position as an officer or employee of the + United States after appointment to the Task Force may + continue to serve on the Task Force for not more than + 30 days after the date of such acceptance. + (7) Compensation and expenses.-- + (A) No compensation.--Each member of the Task Force + shall serve without compensation. + (B) Expenses.--The Administrator shall reimburse + the members of the Task Force for travel and + subsistence expenses in accordance with section 5703 of + title 5, United States Code. + (c) Duties.--The Task Force shall-- + (1) review and monitor plans and programs developed in the + public and private sectors that affect the ability of small + business concerns owned and controlled by women to obtain + capital and credit and to access markets, and provide advice on + improving coordination between such plans and programs; + (2) monitor and promote the plans, programs, and operations + of the Federal departments and agencies that contribute to the + formation and development of small business concerns owned and + controlled by women, and make recommendations to Federal + departments and agencies concerning the coordination of such + plans, programs, and operations; + (3) develop and promote initiatives, policies, programs, + and plans designed to encourage the formation of startups and + high-growth small business concerns owned and controlled by + women; + (4) advise the Administrator on the development and + implementation of an annual comprehensive plan for joint + efforts by the public and private sectors to facilitate the + formation and development of startups and high-growth small + business concerns owned and controlled by women; and + (5) examine the link between women who own small business + concerns and intellectual property, including-- + (A) the number of patents, trademarks, and + copyrights granted to women; and + (B) the challenges faced by high-growth small + business concerns owned and controlled by women in + obtaining and enforcing intellectual property rights. + (d) Powers.-- + (1) Hearings.--The Task Force may hold such hearings, sit + and act at such times and places, take such testimony, and + receive such evidence as the Task Force considers advisable to + carry out its duties. + (2) Task groups.--The Task Force may, from time to time, + establish temporary task groups, as necessary to carry out the + duties of the Task Force. + (3) Information from federal agencies.--Upon request of the + Chairperson of the Task Force, the head of any Federal + department or agency shall furnish such information to the Task + Force as the Task Force considers necessary to carry out its + duties. + (4) Use of mails.--The Task Force may use the United States + mails in the same manner and under the same conditions as + Federal departments and agencies. + (5) Gifts.--The Task Force may accept, use, and dispose of + gifts or donations of services or property. + (e) Meetings.-- + (1) In general.--The Task Force shall meet-- + (A) not less than 3 times each year; + (B) at the call of the Chairperson; and + (C) upon the request of-- + (i) the Administrator; + (ii) the Chairperson and Ranking Member of + the Committee on Small Business and + Entrepreneurship of the Senate; or + (iii) the Chairperson and Ranking Member of + the Committee on Small Business of the House of + Representatives. + (2) Participation of federal agencies.-- + (A) Participation encouraged.--The Task Force shall + allow and encourage participation in meetings by + representatives from Federal agencies. + (B) Functions of representatives of federal + agencies.--A representative from a Federal agency-- + (i) may be used as a resource; and + (ii) may not vote or otherwise act as a + member of the Task Force. + (3) Location.--Each meeting of the full Task Force shall be + held at the headquarters of the Administration, unless, not + later than 1 month before the meeting, a majority of the + members of the Task Force agree to meet at another location. + (4) Support by administrator.--The Administrator shall + provide suitable meeting facilities and such administrative + support as may be necessary for each full meeting of the Task + Force. + (f) Reports.-- + (1) Reports by task force.-- + (A) Reports required.--Not later than 30 days after + the end of each fiscal year, the Task Force shall + submit to the President and to the Committee on Small + Business and Entrepreneurship of the Senate and the + Committee on Small Business of the House of + Representatives, a report containing-- + (i) a detailed description of the + activities of the Task Force, including a + report on how the Task Force has carried out + the duties described in subsection (c); + (ii) the findings and recommendations of + the Task Force; and + (iii) the recommendations of the Task Force + for-- + (I) promoting intellectual property + rights for high-growth small business + concerns owned and controlled by women; + and + (II) such legislative and + administrative actions as the Task + Force considers appropriate to promote + the formation and development of small + business concerns owned and controlled + by women. + (B) Form of reports.--The report required under + subparagraph (A) shall include-- + (i) any concurring or dissenting views of + the Administrator; and + (ii) the minutes of each meeting of the + Task Force. + (2) Reports by chief counsel for advocacy.-- + (A) Studies.-- + (i) In general.--Not less frequently than + twice each year, the Chief Counsel for Advocacy + of the Small Business Administration, in + consultation with the Task Force, shall conduct + a study of an issue that is important to small + business concerns owned and controlled by + women. + (ii) Topics.--The topic of a study under + clause (i) shall-- + (I) be an issue that the Task Force + determines is critical to furthering + the interests of small business + concerns owned and controlled by women; + and + (II) relate to-- + (aa) Federal prime + contracts and subcontracts + awarded to small business + concerns owned and controlled + by women; + (bb) access to credit and + investment capital by women + entrepreneurs; + (cc) acquiring and + enforcing intellectual property + rights; or + (dd) any other issue + relating to small business + concerns owned and controlled + by women that the Task Force + determines is appropriate. + (iii) Contracting.--In conducting a study + under this subparagraph, the Chief Counsel may + contract with a public or private entity. + (B) Report.--The Chief Counsel for Advocacy shall-- + (i) submit a report containing the results + of each study under subparagraph (A) to the + Task Force, the Committee on Small Business and + Entrepreneurship of the Senate, and the + Committee on Small Business of the House of + Representatives; and + (ii) make each report submitted under + clause (i) available to the public online. + (g) Federal Advisory Committee Act.--Section 14 of the Federal +Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task +Force. + +SEC. 4. REPEAL. + + (a) Final Reports.--Not later than 90 days after the date of +enactment of this Act-- + (1) the Interagency Committee on Women's Business + Enterprise shall submit to the President and the Committee on + Small Business and Entrepreneurship of the Senate and the + Committee on Small Business of the House of Representatives a + report containing the information described in paragraphs (1), + (2), and (3) of section 404 of the Women's Business Ownership + Act of 1988 (15 U.S.C. 7104), as in effect on the day before + the date of enactment of this Act; and + (2) the National Women's Business Council shall submit to + the President and the Committee on Small Business and + Entrepreneurship of the Senate and the Committee on Small + Business of the House of Representatives a report containing + the information described in subparagraphs (A), (B), and (C) of + section 406(d)(6) of the Women's Business Ownership Act of 1988 + (15 U.S.C. 7106), as in effect on the day before the date of + enactment of this Act. + (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. +631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.). + (c) Technical and Conforming Amendments.--The Small Business Act +(15 U.S.C. 631 et seq.) is amended-- + (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by + striking ``and to carry out the activities authorized by title + IV of the Women's Business Ownership Act of 1988''; and + (2) in section 29(g) (15 U.S.C. 656(g))-- + (A) in paragraph (1), by striking ``women's + business enterprises (as defined in section 408 of the + Women's Business Ownership Act of 1988 (15 U.S.C. 631 + note))'' and inserting ``small business concerns owned + and controlled by women''; and + (B) in paragraph (2)(B)(ii)-- + (i) in subclause (VI), by adding ``and'' at + the end; + (ii) in subclause (VII), by striking the + semicolon at the end and inserting a period; + and + (iii) by striking subclauses (VIII), (IX), + and (X). + (d) Effective Date.--The amendments made by subsections (b) and (c) +shall take effect 90 days after the date of enactment of this Act.","National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. + +Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. + +Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. + +Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise.","A bill to establish the National Women's High-Growth Business Bipartisan Task Force, and for other purposes."," The National Women's High-Growth Business Bipartisan Task Force Act of 2012 establishes the National Women's High-Growth Business Bipartisan Task Force to serve as an independent source of advice, research, and policy recommendations for various entities, including the Small Business Administration, Congress, the President, and other federal departments and agencies. The Task Force is composed of 15 members, with specific requirements for representation from women who own small business concerns, those with expertise in research on women's business, and women's business organizations. The Task Force is responsible for reviewing and monitoring plans and programs affecting women-owned small businesses, promoting initiatives to encourage high-growth businesses owned by women, advising on joint efforts between public and private sectors to facilitate high-growth businesses owned by women, and examining the link between women who own small businesses and intellectual property." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans Information and Benefits +Enhancement Act of 2003''. + +SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR + TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES. + + (a) Presumption.--Section 1112(b) of title 38, United States Code, +is amended-- + (1) in paragraph (14), by striking ``or'' at the end; and + (2) by inserting after paragraph (15) the following new + paragraphs: + ``(16) cardiovascular disease (heart disease), + ``(17) cerebrovascular disease (stroke), or + ``(18) chronic liver disease, including cirrhosis and + primary liver carcinoma,''. + (b) Effective Date.--(1) The amendments made by subsection (a) +shall take effect on the date of the enactment of this Act. + (2) No benefit may be paid by reason of the amendments made by +subsection (a) for any period before the date of the enactment of this +Act. + +SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE. + + (b) Review of Mission, Procedures, and Administration.--(1) The +Secretary of Veterans Affairs and the Secretary of Defense shall +jointly conduct a review of the mission, procedures, and administration +of the Dose Reconstruction Program of the Department of Defense. + (2) In conducting the review under paragraph (1), the Secretaries +shall-- + (A) determine whether any additional actions are required + to ensure that the quality assurance and quality control + mechanisms of the Dose Reconstruction Program are adequate and + sufficient for purposes of the program; and + (B) determine the actions that are required to ensure that + the mechanisms of the Dose Reconstruction Program for + communication and interaction with veterans are adequate and + sufficient for purposes of the program, including mechanisms to + permit veterans to review the assumptions utilized in their + dose reconstructions. + (3) Not later than 90 days after the date of the enactment of this +Act, the Secretaries shall jointly submit to Congress a report on the +review under paragraph (1). The report shall set forth-- + (A) the results of the review; + (B) a plan for any actions determined to be required under + paragraph (2); and + (C) such other recommendations for the improvement of the + mission, procedures, and administration of the Dose + Reconstruction Program as the Secretaries jointly consider + appropriate. + (b) On-Going Review and Oversight.--The Secretaries shall jointly +take appropriate actions to ensure the on-going independent review and +oversight of the Dose Reconstruction Program, including the +establishment of the advisory board required by subsection (c). + (c) Advisory Board.--(1) In taking actions under subsection (b), +the Secretaries shall jointly appoint an advisory board to provide +review and oversight of the Dose Reconstruction Program. + (2) The advisory board under paragraph (1) shall be composed of the +following: + (A) At least one expert in historical dose reconstruction + of the type conducted under the Dose Reconstruction Program. + (B) At least one expert in radiation health matters. + (C) At least one expert in risk communications matters. + (D) A representative of the Department of Veterans Affairs. + (E) A representative of the Defense Threat Reduction + Agency. + (F) At least three veterans, including at least one veteran + who is a member of an atomic veterans group. + (3) The advisory board under paragraph (1) shall-- + (A) conduct periodic, random audits of dose reconstructions + and decisions on claims for radiogenic diseases under the Dose + Reconstruction Program; + (B) assist the Department of Veterans Affairs and the + Defense Threat Reduction Agency in communicating to veterans + information on the mission, procedures, and evidentiary + requirements of the Dose Reconstruction Program; and + (C) carry out such other activities with respect to the + review and oversight of the Dose Reconstruction Program as the + Secretaries shall jointly specify. + (4) The advisory board under paragraph (1) may make such +recommendations on modifications in the mission or procedures of the +Dose Reconstruction Program as the advisory board considers appropriate +as a result of the audits conducted under paragraph (3)(A). + +SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY. + + (a) In General.--The Secretary of Veterans Affairs shall, in +accordance with this section, carry out a study to determine the +appropriate disposition of the Air Force Health Study, an epidemiologic +study of Air Force personnel who were responsible for conducting aerial +spray missions of herbicides during the Vietnam era. + (b) Study Through National Academy of Sciences.--Not later than +sixty days after the date of the enactment of this Act, the Secretary +shall seek to enter into an agreement with the National Academy of +Sciences, or another appropriate scientific organization, to carry out +the study required by subsection (a). + (c) Elements.--Under the study under subsection (a), the National +Academy of Sciences, or other appropriate scientific organization, +shall address the following: + (1) The scientific merit of retaining and maintaining the + medical records, other study data, and laboratory specimens + collected in the course of the Air Force Health Study after the + currently-scheduled termination date of the study in 2006. + (2) Whether or not any obstacles exist to retaining and + maintaining the medical records, other study data, and + laboratory specimens referred to in paragraph (1), including + privacy concerns. + (3) The advisability of providing independent oversight of + the medical records, other study data, and laboratory specimens + referred to in paragraph (1), and of any further study of such + records, data, and specimens, and, if so, the mechanism for + providing such oversight. + (4) The advisability of extending the Air Force Health + Study, including the potential value and relevance of extending + the study, the potential cost of extending the study, and the + Federal or non-Federal entity best suited to continue the study + if extended. + (5) The advisability of making the laboratory specimens of + the Air Force Health Study available for independent research, + including the potential value and relevance of such research, + and the potential cost of such research. + (d) Report.--Not later than 60 days after entering into an +agreement under subsection (b), the National Academy of Sciences, or +other appropriate scientific organization, shall submit to the +Secretary and Congress a report on the results of the study under +subsection (a). The report shall include the results of the study, +including the matters addressed under subsection (c), and such other +recommendations as the Academy, or other appropriate scientific +organization, considers appropriate as a result of the study. + +SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF + NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH + ON MEMBERS OF THE ARMED FORCES AND VETERANS. + + (a) Funding by Department of Veterans Affairs.--(1) The Secretary +of Veterans Affairs shall make available to the National Academy of +Sciences in each of fiscal years 2004 through 2013, $250,000 for the +Medical Follow-Up Agency of the Institute of Medicine of the Academy +for purposes of epidemiological research on members of the Armed Forces +and veterans. + (2) The Secretary of Veterans Affairs shall make available amounts +under paragraph (1) for a fiscal year from amounts available for the +Department of Veterans Affairs for that fiscal year. + (b) Funding by Department of Defense.--(1) The Secretary of Defense +shall make available to the National Academy of Sciences in each of +fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up +Agency for purposes of epidemiological research on members of the Armed +Forces and veterans. + (2) The Secretary of Defense shall make available amounts under +paragraph (1) for a fiscal year from amounts available for the +Department of Defense for that fiscal year. + (c) Use of Funds.--The Medical Follow-Up Agency shall use funds +made available under subsections (a) and (b) for epidemiological +research on members of the Armed Forces and veterans. + (d) Supplement Not Supplant.--Amounts made available to the Medical +Follow-Up Agency under this section for a fiscal year for the purposes +referred to in subsection (c) are in addition to any other amounts made +available to the Agency for that fiscal year for those purposes.","Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease; (2) cerebrovascular disease (stroke); or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. + +Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. + +Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. + +Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans.","A bill to amend title 38, United States Code, to presume additional diseases of former prisoners of war to be service-connected for compensation purposes, to enhance the Dose Reconstruction Program of the Department of Defense, to enhance and fund certain other epidemiological studies, and for other purposes"," The Veterans Information and Benefits Enhancement Act of 2003 aims to enhance benefits for veterans by amending certain provisions related to service-connected diseases for former prisoners of war. It also calls for a review of the Dose Reconstruction Program of the Department of Defense to ensure adequate quality assurance and communication mechanisms. The Act mandates a study on the appropriate disposition of the Air Force Health Study, an epidemiologic study on Air Force personnel who conducted herbicide spray missions during the Vietnam era. Finally, it provides funding for epidemiological research on members of the Armed Forces and veterans through the Medical Follow-Up Agency of the Institute of Medicine of the National Academy of Sciences." +"SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, + SURVIVING JOINT DEBTORS, AND PARENTS. + + (a) Definitions.--For purposes of this section: + (1) Eligible public servant.--The term ``eligible public + servant'' means an individual who-- + (A) served as a police officer, firefighter, other + safety or rescue personnel, or as a member of the Armed + Forces; and + (B) died (or dies) or became (or becomes) + permanently and totally disabled due to injuries + suffered in the terrorist attack on September 11, 2001; + as determined in accordance with regulations of the Secretary. + (2) Eligible victim.--The term ``eligible victim'' means an + individual who died (or dies) or became (or becomes) + permanently and totally disabled due to injuries suffered in + the terrorist attack on September 11, 2001, as determined in + accordance with regulations of the Secretary. + (3) Eligible spouse.--The term ``eligible spouse'' means + the spouse of an eligible public servant, as determined in + accordance with regulations of the Secretary. + (4) Eligible surviving debtor.--The term ``eligible + surviving debtor'' means an individual who owes a Federal + student loan that is a consolidation loan that was used, + jointly by that individual and an eligible victim, to repay the + Federal student loans of that individual and of such eligible + victim. + (5) Eligible parent.--The term ``eligible parent'' means + the parent of an eligible victim if-- + (A) the parent owes a Federal student loan that is + a consolidation loan that was used to repay a PLUS loan + incurred on behalf of such eligible victim; or + (B) the parent owes a Federal student loan that is + a PLUS loan incurred on behalf of an eligible victim + who became (or becomes) permanently and totally + disabled due to injuries suffered in the terrorist + attack on September 11, 2001. + (6) Secretary.--The term ``Secretary'' means the Secretary + of Education. + (7) Federal student loan.--The term ``Federal student + loan'' means any loan made, insured, or guaranteed under part + B, D, or E of title IV of the Higher Education Act of 1965. + (b) Relief From Indebtedness.-- + (1) In general.--The Secretary shall provide for the + discharge or cancellation of-- + (A) the Federal student loan indebtedness of an + eligible spouse; + (B) the consolidation loan indebtedness of an + eligible surviving debtor; + (C) the portion of the consolidation loan + indebtedness of an eligible parent that was incurred on + behalf of an eligible victim, if the amount of such + indebtedness with respect to such eligible victim may + be reliably determined on the basis of records + available to the lender; and + (D) the PLUS loan indebtedness of an eligible + parent that was incurred on behalf of an eligible + victim described in subsection (a)(5)(B). + (2) Method of discharge or cancellation.--A loan required + to be discharged or canceled under paragraph (1) shall be + discharged or canceled by the method used under section 437(a), + 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 + (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is + applicable to such loan. + (c) Facilitation of Claims.--The Secretary shall-- + (1) establish procedures for the filing of applications for + discharge or cancellation under this section by regulations + that shall be prescribed and published within 90 days after the + date of enactment of this Act and without regard to the + requirements of section 553 of title 5, United States Code; and + (2) take such actions as may be necessary to publicize the + availability of discharge or cancellation of Federal student + loan indebtedness for eligible spouses, eligible surviving + debtors, and eligible parents under this section. + (d) Availability of Funds for Payments.--Funds available for the +purposes of making payments to lenders in accordance with section +437(a) for the discharge of indebtedness of deceased or disabled +individuals shall be available for making payments under section 437(a) +to lenders of loans to the eligible spouses, eligible surviving +debtors, and eligible parents as required by this section. + (e) Applicable to Outstanding Debt.--The provisions of this section +shall be applied to discharge or cancel only Federal student loans +(including consolidation loans) on which amounts were owed on September +11, 2001.","Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.","A bill to provide for cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents of individuals who died or became permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001"," This text discusses the cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents who are eligible public servants affected by the September 11, 2001 terrorist attack. Eligible public servants are those who served as police officers, firefighters, safety or rescue personnel, or as members of the Armed Forces and became permanently and totally disabled or died due to injuries suffered during the attack. Eligible spouses, surviving debtors, and parents are those who owe federal student loans that were used to repay loans for eligible victims or were consolidation loans used for the same purpose. The Secretary of Education is responsible for providing relief from indebtedness for these individuals by discharging or canceling their federal student loans. The text also outlines procedures for filing applications for discharge or cancellation and the availability of funds for payments to lenders." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Iran Human Rights Sanctions Act''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) Iran voted in the United Nations General Assembly on + December 10, 1948, to adopt the Universal Declaration of Human + Rights, thereby committing to guarantee the ``life, liberty, + and security of person'' of all people and rejecting ``cruel, + inhuman, or degrading treatment or punishment''. + (2) Iran is a party to major international human rights + instruments. + (3) The Government of Iran is violating its international + obligations to respect the human rights and fundamental + freedoms of its citizens, including by-- + (A) using torture and cruel, inhuman, or degrading + treatment or punishment, including flogging, and + amputations; + (B) carrying out an increasingly high rate of + executions in the absence of internationally recognized + safeguards, including public executions; + (C) using stoning as a method of execution and + maintaining a high number of persons in prison who + continue to face sentences of execution by stoning; + (D) carrying out arrests, violent repression, and + sentencing of women exercising their right to peaceful + assembly, a campaign of intimidation against women's + rights defenders, and continuing discrimination against + women and girls; + (E) permitting or carrying out increasing + discrimination and other human rights violations + against persons belonging to religious, ethnic, + linguistic, or other minorities; + (F) imposing ongoing, systematic, and serious + restrictions of freedom of peaceful assembly and + association and freedom of opinion and expression, + including the continuing closures of media outlets, + arrests of journalists, and the censorship of + expression in online forums such as blogs and websites; + and + (G) imposing severe limitations and restrictions on + freedom of religion and belief, including by carrying + out arbitrary arrests, indefinite detentions, and + lengthy jail sentences for those exercising their + rights to freedom of religion or belief and proposing a + provision in a draft penal code that sets out a + mandatory death sentence for apostasy, the abandoning + of one's faith. + (4) On June 19, 2009, the United Nations High Commissioner + for Human Rights expressed concerns about the increasing number + of arrests not in conformity with the law and the illegal use + of excessive force in responding to protests following the June + 12, 2009, political processes in Iran, resulting in at least + dozens of deaths and hundreds of injuries. + (5) On August 1, 2009, authorities in the Government of + Iran began a mass trial of more than 100 individuals in + connection with election protests, most of whom were held for + weeks, in solitary confinement, with little or no access to + their lawyers or families, and many of whom showed signs of + torture or abuse. + (6) The ``Supreme Leader'' of Iran issued a statement on + October 28, 2009, effectively criminalizing dissent in the + aftermath of the national political processes of June 12, 2009. + (7) On November 4, 2009, security forces in the Government + of Iran used brutal force to disperse thousands of protesters, + resulting in a number of injuries and arrests, in violation of + international norms regarding the proportionate use of force + against peaceful demonstrations. + (8) At least 8 citizens of Iran were killed and an + undetermined number were injured on December 27, 2009, when + security forces of the Government of Iran violently broke up + peaceful gatherings during the Ashura holiday. + (9) The Government of Iran has recently sentenced numerous + Iranian citizens to death without due process for politicized + crimes relating to the peaceful demonstrations that followed + the June 12, 2009, political processes, including ``waging war + against God'', and has begun carrying out those execution + sentences, including the death by hanging of 2 individuals on + January 28, 2010. + (10) The Iran Freedom Support Act (Public Law 109-293; 50 + U.S.C. 1701 note) declares that it should be the policy of the + United States-- + (A) to support efforts by the people of Iran to + exercise self-determination over the form of government + of their country; and + (B) to support independent human rights and + peaceful pro-democracy forces in Iran. + +SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN + HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR + THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL + PROCESSES IN IRAN. + + (a) In General.--The President shall impose sanctions described in +subsection (c) (1) and (2) with respect to each person on the list +required by subsection (b), beginning not later than the date on which +the President submits to the appropriate congressional committees the +list required by subsection (b)(1) or the updated list required by +subsection (b)(2) (as the case may be). + (b) List of Persons Who Are Complicit in Certain Human Rights +Abuses.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the President shall submit to the + appropriate congressional committees a list of persons who are + citizens of Iran that the President determines are complicit in + human rights abuses committed against citizens of Iran or their + family members on or after June 12, 2009, regardless of whether + such abuses occurred in Iran. + (2) Updates of list.--Not later than 180 days after the + date of the enactment of this Act, and every 90 days + thereafter, the President shall submit to the appropriate + congressional committees an updated list under paragraph (1). + (3) Public availability.--The list required by paragraph + (1) shall be made available to the public and posted on the + websites of the Department of the Treasury and the Department + of State. + (4) Consideration of data from other countries and + nongovernmental organizations.--In preparing the list required + by paragraph (1), the President shall consider data already + obtained by other countries and nongovernmental organizations, + including organizations in Iran, that monitor the human rights + abuses of the Government of Iran. + (c) Sanctions Described.--The sanctions described in this +subsection are the following: + (1) Visa ban.--Ineligibility for a visa to enter the United + States. + (2) Financial sanctions.--Sanctions authorized under the + International Emergency Economic Powers Act (50 U.S.C. 1701 et + seq.), including blocking of property and restrictions or + prohibitions on financial transactions and the exportation and + importation of property. + (d) Termination of Sanctions.--The provisions of this section shall +cease to have force and effect beginning 90 days after the date on +which the President determines and certifies to the appropriate +congressional committees that-- + (1) the persons sanctioned under this section have ceased + to be complicit in human rights abuses committed against + citizens of Iran or their family members on or after June 12, + 2009, regardless of whether such abuses occurred in Iran; and + (2) the Government of Iran has-- + (A) unconditionally released all political + prisoners, including the citizens of Iran detained in + the aftermath of the June 12, 2009, political processes + in Iran, and allowed for investigations of Iranian + prisons by appropriate international human rights + organizations; + (B) ceased its practices of violence, unlawful + detention, torture, and abuse of citizens of Iran while + engaging in peaceful political activity; + (C) conducted a transparent investigation into the + killings, arrest, and abuse of peaceful political + activists in Iran and prosecuted those responsible; + (D) legalized all political activity; + (E) made public commitments to organizing free and + fair elections for a new government-- + (i) to be held in a timely manner within a + period not to exceed 180 days after the date on + which the President makes the determination and + certification to the appropriate congressional + committees under this subsection; + (ii) with the participation of multiple + independent political parties that have full + access to the media on an equal basis, + including (in the case of radio, television, or + other telecommunications media) in terms of + allotments of time for such access and the + times of day such allotments are given; and + (iii) to be conducted under the supervision + of internationally recognized observers; + (F) ceased any interference with broadcasts such as + Voice of America and Radio Farda; and + (G) made public commitments to and is making + demonstrable progress in-- + (i) establishing an independent judiciary; + and + (ii) respecting internationally recognized + human rights and basic freedoms as recognized + in the Universal Declaration of Human Rights. + +SEC. 4. DEFINITIONS. + + In this Act: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' has the meaning given + that term in section 14(2) of the Iran Sanctions Act of 1996 + (Public Law 104-172; 50 U.S.C. 1701 note). + (2) Country reports on human rights practices.--The term + ``Country Reports on Human Rights Practices'' means the annual + reports required to be submitted by the Department of State to + Congress under sections 116(d) and 502B(b) of the Foreign + Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). + (3) Government of iran.--The term ``Government of Iran'' + includes any agency or instrumentality of the Government of + Iran, including any entity that is controlled by the Government + of Iran. + (4) Human rights abuses.--The term ``human rights abuses'' + means those forms of abuses detailed in the Department of + State's annual Country Reports on Human Rights Practices.","Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. + +Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. + +Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses; and (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference.","To impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, political processes in Iran, and for other purposes."," The Iran Human Rights Sanctions Act aims to impose sanctions on individuals complicit in human rights abuses committed against Iranian citizens or their family members after June 12, 2009. The President is required to submit a list of such individuals to Congress, which will then be made public. Sanctions include visa bans and financial sanctions under the International Emergency Economic Powers Act. Sanctions will be lifted once the President certifies that the sanctioned individuals have ceased to be complicit in human rights abuses and the Iranian government has taken specific steps to improve human rights conditions within the country." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Individual Social Security +Retirement Account Act of 1993''. + +SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES. + + (a) Tax on Employees.--Subsection (a) of section 3101 of the +Internal Revenue Code of 1986 (relating to OASDI tax on employees) is +amended by striking the table and inserting the following: + +``In cases of wages + The rate + received during: + shall be: + 1993 or 1994......................... 6.2 percent + 1995 or thereafter................... 5.2 percent.'' + (b) Tax on Employers.--Subsection (a) of section 3111 of such Code +(relating to OASDI tax on employers) is amended by striking the table +and inserting the following: + +``In cases of wages + The rate + paid during: + shall be: + 1993 or 1994......................... 6.2 percent + 1995 or thereafter................... 5.2 percent.'' + (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such +Code of (relating to OASDI tax on self-employment income) is amended by +striking the table and inserting the following: + + + + + ``In the case of a taxable year: + + Beginning after: And before: Percent: + + December 31, 1992...... January 1, 1995........ 12.4 + December 31, 1994...... ....................... 10.4.'' + + + (d) Effective Date.--The amendments made by this section shall +apply with respect to remuneration paid after December 31, 1994, and +with respect to earnings from self-employment attributable to taxable +years beginning after such date. + +SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL + SECURITY PAYROLL DEDUCTION PLANS. + + (a) In General.--Title II of the Social Security Act is amended-- + (1) by inserting before section 201 the following: + + ``Part A--Insurance Benefits''; + + and + (2) by adding at the end the following new part: + + ``Part B--Individual Retirement Program + + ``social security payroll deduction plans + + ``Sec. 251. (a) In General.--Each person who is a covered employer +for any calendar year shall have in effect throughout such calendar +year a social security payroll deduction plan for such person's +eligible employees. + ``(b) Requirements.--For purposes of this part, the term `social +security payroll deduction plan' means a written plan of a covered +employer if-- + ``(1) under such plan, the prescribed social security + employee contribution is deducted from each eligible employee's + wages and paid to an individual social security retirement + account of such employee designated in accordance with section + 252, + ``(2) under such plan, the covered employer pays the amount + so deducted to the designated individual social security + retirement account within 10 business days after the payment of + the wages from which the amount was deducted, + ``(3) under such plan, the covered employer pays to the + individual social security retirement account, together with + the contribution paid pursuant to paragraph (2), the prescribed + social security employer contribution with respect to the + eligible employee, and + ``(4) the employer receives no compensation for the cost of + administering such plan. + ``(c) Amount Deducted May Be Accumulated by Employer in Certain +Cases.--If, under the terms of an individual social security retirement +account selected under section 252, contributions below a specified +amount will not be accepted, the requirements of subsection (b)(2) +shall be treated as met if amounts deducted from the wages of an +eligible employee are accumulated by the covered employer and paid to +such plan not later than 10 business days after the first day on which +the accumulated amount exceeds such specified amount. + + ``designation of individual social security retirement accounts + + ``Sec. 252. (a) In General.--Except as provided in subsection (b), +the individual social security retirement account to which +contributions with respect to any eligible employee are required to be +paid under section 251 shall be such an account designated by such +employee to such employer not later than 10 business days after the +date on which such employee becomes an eligible employee of such +employer. Any such designation shall be made in such form and manner as +may be prescribed in regulations of the Secretary. + ``(b) Designation in Absence of Timely Designation by Employee.--In +any case in which no timely designation of the individual social +security retirement account is made, the covered employer shall +designate such account in accordance with regulations of the Secretary. + ``(c) Subsequent Designation of Other Accounts.--The Secretary +shall provide by regulation for subsequent designation of other +individual social security retirement accounts of an eligible employee +in lieu of or in addition to accounts previously designated under this +section. + + ``self-employed individuals + + ``Sec. 253. (a) In General.--Not later than 30 days after the close +of any taxable year for which there is imposed a tax under section +1401(a) of the Internal Revenue Code of 1986 on the self-employment +income of an individual, such individual shall pay to an individual +social security retirement account designated by such individual the +prescribed social security self-employment contribution with respect to +such individual for such taxable year. + ``(b) Designation of Account.--The designation of an individual +social security retirement account for payment of prescribed social +security self-employment contributions shall be made in such form and +manner as may be prescribed in regulations of the Secretary. + + ``definitions + + ``Sec. 254. For purposes of this part-- + ``(1) Individual social security retirement account.--The + term `individual social security retirement account' means any + individual retirement account (as defined in section 408(a) of + the Internal Revenue Code of 1986) which is administered or + issued by a bank (as defined in section 408(n) of such Code) + and which meets the requirements of section 408A of such Code. + ``(2) Covered employer.--The term `covered employer' means, + for any calendar year, any person on whom an excise tax is + imposed under section 3111 of the Internal Revenue Code of 1986 + with respect to having an individual in his employ to whom + wages were paid by such person during such calendar year. + ``(3) Eligible employee.--The term `eligible employee' + means, in connection with any person who is a covered employer + for any calendar year, any individual with respect to whose + employment by such employer during such calendar year there is + imposed an excise tax under section 3111 of the Internal + Revenue Code of 1986. + ``(4) Prescribed social security employee contribution.-- + The term `prescribed social security employee contribution' + means, with respect to any eligible employee of a covered + employer, an amount equal to 1 percent of the wages received by + such employee with respect to employment by such employer. + ``(5) Prescribed social security employer contribution.-- + The term `prescribed social security employer contribution' + means, with respect to a covered employer of any eligible + employee, 1 percent of the wages paid by such employer to such + employee with respect to employment of such employee. + ``(6) Prescribed social security self- employment + contribution.--The term `prescribed social security self- + employment contribution' means, with respect to the self- + employment income of an individual for any taxable year, 2 + percent of the amount of such self-employment income for such + taxable year. + ``(7) Business day.--The term `business day' means any day + other than a Saturday, Sunday, or legal holiday in the area + involved. + + ``penalties + + ``Sec. 255. (a) Failure To Establish Social Security Payroll +Deduction Plan.--Any covered employer who fails to meet the +requirements of section 251 for any calendar year shall be subject to a +civil penalty of not to exceed the greater of-- + ``(1) $50,000, or + ``(2) $1,000 for each eligible employee of such employer as + of the beginning of such calendar year. + ``(b) Failure To Make Deductions Required Under Plan.--Any covered +employer who fails to timely deduct in full the amount from the wages +of an eligible employee required under an applicable social security +payroll deduction plan shall be subject to a civil penalty of not to +exceed $50 for each such failure. + ``(c) Failure To Pay Deducted Wages to Individual Social Security +Retirement Account.--If an amount deducted from the wages of an +eligible employee under a social security payroll deduction plan is not +timely paid in full to the designated individual social security +retirement account in accordance with section 251-- + ``(1) the covered employer failing to make such payment + shall be subject to a civil penalty of not to exceed 20 percent + of the unpaid amount, and + ``(2) shall be liable to the eligible employee for interest + on the unpaid amount at a rate equal to 133 percent of the + Federal short-term rate under section 1274(d)(1) of the + Internal Revenue Code of 1986, calculated from the last day by + which such amount was required to be so paid to the date on + which such amount is paid into the designated individual social + security retirement account. + ``(d) Failure To Pay Prescribed Social Security Self-Employment +Contributions to Individual Social Security Retirement Account.--Any +individual failing to timely pay in full a prescribed social security +self-employment contribution to a designated individual social security +retirement account as required under section 253 shall be subject to a +civil penalty of not to exceed 20 percent of the unpaid amount, plus +interest on the unpaid amount at a rate equal to 133 percent of the +Federal short-term rate under section 1274(d)(1) of the Internal +Revenue Code of 1986, calculated from the last day by which such amount +was required to be so paid to the date on which such amount is paid +into the designated individual social security retirement account. + ``(e) Rules for Application of Section.-- + ``(1) Penalties assessed by secretary.--Any civil penalty + assessed by this section shall be imposed by the Secretary and + collected in a civil action. + ``(2) Compromises.--The Secretary may compromise the amount + of any civil penalty imposed by this section. + ``(3) Authority to waive penalty in certain cases.--The + Secretary may waive the application of this section with + respect to any failure if the Secretary determines that such + failure is due to reasonable cause and not to intentional + disregard of rules and regulations.''. + (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) +of section 6051 of the Internal Revenue Code of 1986 (relating to +receipts for employees) is amended-- + (1) by striking ``and'' at the end of paragraph (8), + (2) by striking the period at the end of paragraph (9) and + inserting ``, and'', and + (3) by inserting after paragraph (9) the following new + paragraph: + ``(10) the total amount deducted from the employee's wages + under a social security payroll deduction plan established + under part B of title II of the Social Security Act.'' + (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 +of the Employee Retirement Income Security Act of 1974 (29 U.S.C. +1003(b)) is amended-- + (1) by striking ``or'' at the end of paragraph (4); + (2) by striking the period at the end of paragraph (5) and + inserting ``; or''; and + (3) by adding at the end the following new paragraph: + ``(6) such plan is a social security payroll deduction plan + established under part B of title II of the Social Security + Act.''. + (d) Effective Date.-- + (1) In general.--The amendments made by subsection (a) + shall apply with respect to wages paid in calendar years + beginning on or after January 1, 1995. + (2) Transitional rule.--Notwithstanding section 252(a) of + the Social Security Act (as added by this Act), the initial + designations of individual social security retirement accounts + with respect to eligible employees employed by covered + employers as of January 1, 1995, pursuant to such section may + be made at any time not later than January 15, 1995. + +SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT + ACCOUNTS. + + (a) In General.--Subpart A of part I of subchapter D of chapter 1 +of the Internal Revenue Code of 1986 (relating to pension, profit- +sharing, stock bonus plans, etc.) is amended by inserting after section +408 the following new section: + +``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. + + ``(a) General Rule.--Except as provided in this section, an +individual social security retirement account shall be treated for +purposes of this title in the same manner as an individual retirement +plan. + ``(b) Individual Social Security Retirement Account.--For purposes +of this section, the term `individual social security retirement +account' means an account established and administered in accordance +with part B of title II of the Social Security Act (relating to +individual retirement program). + ``(c) Contribution Rules.-- + ``(1) No deduction allowed.--No deduction shall be allowed + under section 219 for a contribution to an individual social + security retirement account. + ``(2) Contribution limit.--No amount, other than a + prescribed contribution under part B of title II of the Social + Security Act, may be accepted as a contribution to an + individual social security retirement account. + ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply +to any amount distributed from an individual social security retirement +account only to the extent such amount is paid into another such +account for the benefit of the individual for whom the account from +which such amount is transferred was maintained.'' + (b) Clerical Amendment.--The table of sections for such subpart A +is amended by inserting after the item relating to section 408 the +following new item: + + ``Sec. 408A. Individual social security + retirement accounts.'' + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 1994.","Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. +Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. +Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. +Sets forth penalties for failure to establish and maintain such accounts. +Requires amounts deducted from employee wages to be shown on wage receipts for employees. +Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. +Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.",Individual Social Security Retirement Account Act of 1993," The ""Individual Social Security Retirement Account Act of 1993"" aims to reduce social security taxes for employees, employers, and self-employed individuals. It proposes to amend Title II of the Social Security Act to introduce individual retirement programs funded by social security payroll deduction plans. These plans require covered employers to have a social security payroll deduction plan for their eligible employees. The plan deducts employee contributions from their wages and pays them to an individual social security retirement account designated by the employee. Employers must pay their contributions along with the prescribed social security employer contribution to the designated account within 10 business days after wages are paid. Employers who fail to meet these requirements face civil penalties. The Act also amends the Internal Revenue Code to treat individual social security retirement accounts similarly to individual retirement plans for tax purposes." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Post-Deployment Health Assessment +Act of 2009''. + +SEC. 2. MENTAL HEALTH SCREENINGS FOR MEMBERS OF THE ARMED FORCES + DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION. + + (a) Mental Health Screenings.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall issue + guidance for the provision of an in-person mental health + screening for each member of the Armed Forces who is deployed + in connection with a contingency operation as follows: + (A) At a time during the period beginning 180 days + before the date of deployment in connection with the + contingency operation and ending 90 days before the + date of deployment in connection with the contingency + operation. + (B) At a time during the period beginning 90 days + after the date of redeployment from the contingency + operation and ending 180 days after the date of + redeployment from the contingency operation. + (C) Subject to subsection (d), not later than each + of 6 months, 12 months, and 18 months after the + screening provided under subparagraph (B). + (2) Exclusion of certain members.--A mental health + screening is not required for a members of the Armed Forces + under subparagraphs (B) and (C) of paragraph (1) if the + Secretary determines that the member was not subjected or + exposed to combat stress during deployment in the contingency + operation concerned. + (b) Purpose.--The purpose of the mental health screenings provided +pursuant to this section shall be to identify post-traumatic stress +disorder, suicidal tendencies, and other behavioral health issues +identified among members of the Armed Forces described in subsection +(a) in order to determine which such members are in need of additional +care and treatment for such health issues. + (c) Elements.-- + (1) In general.--The mental health screenings provided + pursuant to this section shall-- + (A) be performed by personnel trained and certified + to perform such screenings in accordance with such + criteria as the Secretary of Defense shall establish; + and + (B) include an in-person dialogue between members + of the Armed Forces described in subsection (a) and + personnel described by paragraph (1) on such matters as + the Secretary shall specify in order that the + screenings achieve the purpose specified in subsection + (b) for such screenings. + (2) Treatment of current assessments and screenings.--The + Secretary may treat periodic health assessments and other in- + person screenings that are provided to members of the Armed + Forces as of the date of the enactment of this Act as meeting + the requirements for mental health screenings required under + this section if the Secretary determines that such assessments + and in-person screenings meet the requirements for mental + health screenings established by this section. + (d) Cessation of Screenings.--No mental health screening is +required to be provided an individual under subsection (a)(1)(C) after +the individual's discharge or release from the Armed Forces. + (e) Sharing of Information.-- + (1) In general.--The Secretary of Defense shall share with + the Secretary of Veterans Affairs such information on members + of the Armed Forces that is derived from confidential mental + health screenings, including mental health screenings provided + pursuant to this section and health assessments and other in- + person screenings provided before the date of the enactment of + this Act, as the Secretary of Defense and the Secretary of + Veterans Affairs jointly consider appropriate to ensure + continuity of mental health care and treatment of members of + the Armed Forces during their transition from health care and + treatment provided by the Department of Defense to health care + and treatment provided by the Department of Veterans Affairs. + (2) Protocols.--Any sharing of information under paragraph + (1) shall occur pursuant to a protocol jointly established by + the Secretary of Defense and the Secretary of Veterans Affairs + for purposes of this subsection. Any such protocol shall be + consistent with the following: + (A) Applicable provisions of the Wounded Warrior + Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 + note), including in particular, section 1614 of that + Act (122 Stat. 443; 10 U.S.C. 1071 note). + (B) Section 1720F of title 38, United States Code. + (f) Contingency Operation Defined.--In this section, the term +``contingency operation'' has the meaning given that term in section +101(a)(13) of title 10, United States Code. + (g) Reports.-- + (1) Report on guidance.--Upon the issuance of the guidance + required by subsection (a), the Secretary of Defense shall + submit to Congress a report describing the guidance. + (2) Report on implementation of guidance.--Not later than + one year after the date of the issuance of the guidance + required by subsection (a), the Secretary shall submit to + Congress a report on the implementation of the guidance by the + military departments. The report shall include an evidence- + based assessment of the effectiveness of the mental health + screenings provided pursuant to the guidance in achieving the + purpose specified in subsection (b) for such screenings.","Post-Deployment Health Assessment Act of 2009 - Directs the Secretary of Defense to issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces deployed in connection with a contingency operation, in order to identify post-traumatic stress disorder (PTSD), suicidal tendencies, and other behavioral health issues for which additional care and treatment may be necessary. Excludes from such screenings members not subjected or exposed to combat stress during their deployment. + +Requires the Secretary to share screening results with the Secretary of Veterans Affairs in order to ensure continuity of mental health care and treatment for such members during their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA).","To require mental health screenings for members of the Armed Forces who are deployed in connection with a contingency operation, and for other purposes."," The Post-Deployment Health Assessment Act of 2009 aims to provide mental health screenings for members of the Armed Forces deployed in connection with a contingency operation. The Secretary of Defense is required to issue guidance for in-person mental health screenings for these members at specific times before and after deployment. The purpose of these screenings is to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health issues among the members who need additional care and treatment for these health issues. The screenings must be performed by trained personnel and include an in-person dialogue between members and screeners. The Secretary may treat existing assessments and screenings as meeting the requirements for mental health screenings if they meet the established criteria. No mental health screening is required for individuals after their discharge or release from the Armed Forces. The Secretary of Defense is required to share relevant mental health screening information with the Secretary of Veterans Affairs to ensure continuity of mental health care during the transition from Department of Defense to Department of Veterans Affairs healthcare." +"SECTION 1. DEFINITION OF RENEWABLE BIOMASS. + + (a) Clean Air Act Definitions.-- + (1) RFS definition.--Section 211(o)(1) of the Clean Air Act + (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) + and inserting the following: + ``(I) Renewable biomass.--The term `renewable + biomass' means-- + ``(i) materials, pre-commercial thinnings, + or invasive species from National Forest System + land and public lands (as defined in section + 103 of the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1702)) that-- + ``(I) are byproducts of preventive + treatments that are removed-- + ``(aa) to reduce hazardous + fuels; + ``(bb) to reduce or contain + disease or insect infestation; + or + ``(cc) to restore ecosystem + health; + ``(II) would not otherwise be used + for higher-value products; and + ``(III) are harvested in accordance + with-- + ``(aa) applicable law and + land management plans; and + ``(bb) the requirements + for-- + + ``(AA) old-growth + maintenance, + restoration, and + management direction of + paragraphs (2), (3), + and (4) of subsection + (e) of section 102 of + the Healthy Forests + Restoration Act of 2003 + (16 U.S.C. 6512); and + + ``(BB) large-tree + retention of subsection + (f) of that section; or + + ``(ii) any organic matter that is available + on a renewable or recurring basis from non- + Federal land or land belonging to an Indian or + Indian tribe that is held in trust by the + United States or subject to a restriction + against alienation imposed by the United + States, including-- + ``(I) renewable plant material, + including-- + ``(aa) feed grains; + ``(bb) other agricultural + commodities; + ``(cc) other plants and + trees; and + ``(dd) algae; and + ``(II) waste material, including-- + ``(aa) crop residue; + ``(bb) other vegetative + waste material (including wood + waste and wood residues); + ``(cc) animal waste and + byproducts (including fats, + oils, greases, and manure); and + ``(dd) food waste and yard + waste.''. + (2) Conversion assistance definition.--Section 211(s)(4) of + the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking + subparagraph (B) and inserting the following: + ``(B) Renewable biomass.--The term `renewable + biomass' has the meaning given the term in subsection + (o)(1).''. + (b) Applicability Under Other Law.--The definition of the term +``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 +U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any +Federal law enacted after the date of enactment of this Act-- + (1) to establish a renewable electricity standard; or + (2) to regulate the emission of greenhouse gases.","Amends the Clean Air Act to redefine ""renewable biomass"" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases.","A bill to amend the Clean Air Act to modify certain definitions of the term ""renewable biomass"", and for other purposes."," This text discusses the definition of renewable biomass under the Clean Air Act. Renewable biomass is defined as materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands that are byproducts of preventive treatments to reduce hazardous fuels, disease or insect infestation, or restore ecosystem health. These materials must not be used for higher-value products and must be harvested according to applicable law and land management plans. Additionally, renewable biomass includes organic matter available on a renewable or recurring basis from non-Federal land or land held in trust by the United States. This definition will apply to any federal law enacted after the date of enactment of this Act for establishing renewable electricity standards or regulating greenhouse gas emissions." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Nuclear Security Act of 2003''. + +SEC. 2. DEFINITIONS. + + Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is +amended-- + (1) by redesignating subsection jj. as subsection ii.; and + (2) by adding at the end the following: + ``jj. Design Basis Threat.--The term `design basis threat' means +the design basis threat established by the Commission under section +73.1 of title 10, Code of Federal Regulations (or any successor +regulation developed under section 170C). + ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear +facility' means-- + ``(1) a commercial nuclear power plant and associated spent + fuel storage facility; + ``(2) a decommissioned nuclear power plant and associated + spent fuel storage facility; + ``(3) a category I fuel cycle facility; + ``(4) a gaseous diffusion plant; and + ``(5) any other facility licensed by the Commission, or + used in the conduct of an activity licensed by the Commission, + that the Commission determines should be treated as a sensitive + nuclear facility under section 170C.''. + +SEC. 3. NUCLEAR SECURITY. + + (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 +U.S.C. 2201 et seq.) is amended by adding at the end the following: + +``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE + DESIGN BASIS THREAT. + + ``(a) Definitions.--In this section: + ``(1) Nuclear security force.--The term `nuclear security + force' means the nuclear security force established under + subsection (b)(1). + ``(2) Fund.--The term `Fund' means the Nuclear Security + Fund established under subsection (e). + ``(3) Qualification standard.--The term `qualification + standard' means a qualification standard established under + subsection (d)(2)(A). + ``(4) Security plan.--The term `security plan' means a + security plan developed under subsection (b)(2). + ``(b) Nuclear Security.--The Commission shall-- + ``(1) establish a nuclear security force, the members of + which shall be employees of the Commission, to provide for the + security of all sensitive nuclear facilities against the design + basis threat; and + ``(2) develop and implement a security plan for each + sensitive nuclear facility to ensure the security of all + sensitive nuclear facilities against the design basis threat. + ``(c) Security Plans.-- + ``(1) In general.--Not later than 180 days after the date + of enactment of this section, the Commission shall develop a + security plan for each sensitive nuclear facility to ensure the + protection of each sensitive nuclear facility against the + design basis threat. + ``(2) Elements of the plan.--A security plan shall + prescribe-- + ``(A) the deployment of the nuclear security force, + including-- + ``(i) numbers of the members of the nuclear + security force at each sensitive nuclear + facility; + ``(ii) tactics of the members of the + nuclear security force at each sensitive + nuclear facility; and + ``(iii) capabilities of the members of the + nuclear security force at each sensitive + nuclear facility; + ``(B) other protective measures, including-- + ``(i) designs of critical control systems + at each sensitive nuclear facility; + ``(ii) restricted personnel access to each + sensitive nuclear facility; + ``(iii) perimeter site security, internal + site security, and fire protection barriers; + ``(iv) increases in protection for spent + fuel storage areas; + ``(v) placement of spent fuel in dry cask + storage; and + ``(vi) background security checks for + employees and prospective employees; and + ``(C) a schedule for completing the requirements of + the security plan not later than 18 months after the + date of enactment of this section. + ``(3) Additional requirements.--A holder of a license for a + sensitive nuclear facility under section 103 or 104 or the + State or local government in which a sensitive nuclear facility + is located may petition the Commission for additional + requirements in the security plan for the sensitive nuclear + facility. + ``(4) Implementation of security plan.--Not later than 270 + days after the date of enactment of this section, the + Commission, in consultation with a holder of a license for a + sensitive nuclear facility under section 103 or 104, shall, by + direct action of the Commission or by order requiring action by + the licensee, implement the security plan for the sensitive + nuclear facility in accordance with the schedule under + paragraph (2)(C). + ``(5) Sufficiency of security plan.--If at any time the + Commission determines that the implementation of the + requirements of the security plan for a sensitive nuclear + facility is insufficient to ensure the security of the + sensitive nuclear facility against the design basis threat, the + Commission shall immediately submit to Congress and the + President a classified report that-- + ``(A) identifies the vulnerability of the sensitive + nuclear facility; and + ``(B) recommends actions by Federal, State, or + local agencies to eliminate the vulnerability. + ``(d) Nuclear Security Force.-- + ``(1) In general.--Not later than 90 days after the date of + the enactment of this section, the Commission, in consultation + with other Federal agencies, as appropriate, shall establish a + program for the hiring and training of the nuclear security + force. + ``(2) Hiring.-- + ``(A) Qualification standards.--Not later than 30 + days after the date of enactment of this section, the + Commission shall establish qualification standards that + individuals shall be required to meet to be hired by + the Commission as members of the nuclear security + force. + ``(B) Examination.--The Commission shall develop + and administer a nuclear security force personnel + examination for use in determining the qualification of + individuals seeking employment as members of the + nuclear security force. + ``(C) Criminal and security background checks.--The + Commission shall require that an individual to be hired + as a member of the nuclear security force undergo a + criminal and security background check. + ``(D) Disqualification of individuals who present + national security risks.--The Commission, in + consultation with the heads of other Federal agencies, + as appropriate, shall establish procedures, in addition + to any background check conducted under subparagraph + (B), to ensure that no individual who presents a threat + to national security is employed as a member of the + nuclear security force. + ``(3) Annual proficiency review.-- + ``(A) In general.--The Commission shall provide + that an annual evaluation of each member of the nuclear + security force is conducted and documented. + ``(B) Requirements for continuation.--An individual + employed as a member of the nuclear security force may + not continue to be employed in that capacity unless the + evaluation under subparagraph (A) demonstrates that the + individual-- + ``(i) continues to meet all qualification + standards; + ``(ii) has a satisfactory record of + performance and attention to duty; and + ``(iii) has the knowledge and skills + necessary to vigilantly and effectively provide + for the security of a sensitive nuclear + facility against the design basis threat. + ``(4) Training.-- + ``(A) In general.--The Commission shall provide for + the training of each member of the nuclear security + force to ensure each member has the knowledge and + skills necessary to provide for the security of a + sensitive nuclear facility against the design basis + threat. + ``(B) Training plan.--Not later than 60 days after + the date of enactment of this section, the Commission + shall develop a plan for the training of members of the + nuclear security force. + ``(C) Use of other agencies.--The Commission may + enter into a memorandum of understanding or other + arrangement with any other Federal agency with + appropriate law enforcement responsibilities, to + provide personnel, resources, or other forms of + assistance in the training of members of the nuclear + security force. + ``(e) Nuclear Security Fund.-- + ``(1) Establishment.--There is established in the Treasury + of the United States a fund to be known as the `Nuclear + Security Fund', which shall be used by the Commission to + administer programs under this section to provide for the + security of sensitive nuclear facilities. + ``(2) Deposits in the fund.--The Commission shall deposit + in the Fund-- + ``(A) the amount of fees collected under paragraph + (5); and + ``(B) amounts appropriated under subsection (f). + ``(3) Investment of amounts.-- + ``(A) In general.--The Secretary of the Treasury + shall invest such portion of the Fund as is not, in the + judgment of the Secretary of the Treasury, required to + meet current withdrawals. Investments may be made only + in interest-bearing obligations of the United States. + ``(B) Acquisition of obligations.--For the purpose + of investments under subparagraph (A), obligations may + be acquired-- + ``(i) on original issue at the issue price; + or + ``(ii) by purchase of outstanding + obligations at the market price. + ``(C) Sale of obligations.--Any obligation acquired + by the Fund may be sold by the Secretary of the + Treasury at the market price. + ``(D) Credits to fund.--The interest on, and the + proceeds from the sale or redemption of, any + obligations held in the Fund shall be credited to and + form a part of the Fund. + ``(4) Use of amounts in the fund.--The Commission shall use + amounts in the Fund to pay the costs of-- + ``(A) salaries, training, and other expenses of the + nuclear security force; and + ``(B) developing and implementing security plans. + ``(5) Fee.--To ensure that adequate amounts are available + to provide assistance under paragraph (4), the Commission shall + assess licensees a fee in an amount determined by the + Commission. + ``(f) Authorization of Appropriations.--There are authorized to be +appropriated such sums as are necessary to carry out this section.''. + (b) Implementation.--The Commission shall complete the full +implementation of the amendment made by subsection (a) as soon as +practicable after the date of enactment of this Act, but in no event +later than 270 days after the date of enactment of this Act. + (c) Technical and Conforming Amendment.--The table of contents for +chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is +amended by adding at the end the following: + +``170B. Uranium supply. +``170C. Protection of sensitive nuclear facilities against the design + basis threat.''.","Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. + + + +Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. + +Requires the NRC to establish a hiring and training program for the nuclear security force. + +Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.",To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities., The Nuclear Security Act of 2003 aims to enhance the protection of sensitive nuclear facilities against design basis threats. It establishes a nuclear security force to provide security for these facilities and requires the development and implementation of security plans for each facility. The Act also establishes a Nuclear Security Fund to support these programs and authorizes appropriations for their implementation. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``State Innovation Pilot Act of +2011''. + +SEC. 2. PURPOSES. + + The purposes of this Act are-- + (1) to support State, local, and tribal leadership and + innovation in preparing all students to meet State-developed + college and career ready academic content standards and student + academic achievement standards, by establishing a process to + permit State, local, and tribal educational leaders to + implement alternative and innovative strategies to improve + student academic achievement and otherwise meet the purposes of + the Elementary and Secondary Education Act of 1965 (20 U.S.C. + 6301 et seq.); and + (2) to direct the Secretary of Education to defer to State, + local, and tribal judgments regarding how best to accomplish + the purposes of the Elementary and Secondary Education Act of + 1965. + +SEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. + + Section 9401 of the Elementary and Secondary Education Act of 1965 +(20 U.S.C. 7861) is amended-- + (1) by striking subsection (a) and inserting the following: + ``(a) In General.-- + ``(1) Request for waiver.--A State educational agency, + local educational agency, or Indian tribe that receives funds + under a program authorized under this Act may submit a request + to the Secretary to waive any statutory or regulatory + requirement of this Act. + ``(2) Receipt of waiver.--Except as provided in subsection + (c), the Secretary shall waive any statutory or regulatory + requirement of this Act for a State educational agency, local + educational agency, Indian tribe, or school (through a local + educational agency), that submits a waiver request pursuant to + this subsection.''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by inserting ``, which shall include a + plan'' after ``waiver request to the + Secretary''; + (ii) in subparagraph (B), by striking ``and + how the waiving of those requirements will'' + and all that follows through the end, and + inserting a semicolon; + (iii) by redesignating subparagraph (E) as + subparagraph (F); and + (iv) by striking subparagraphs (C) and (D), + and inserting the following: + ``(C) reasonably demonstrates that the waiver will + improve instruction for students, advance student + academic achievement, and contribute to student mastery + of knowledge and skills, consistent with the State's + college and career ready academic content standards and + student academic achievement standards; + ``(D) describes the methods the State educational + agency, local educational agency, or Indian tribe will + use to-- + ``(i) monitor the effectiveness of the + implementation of the plan; and + ``(ii) assure regular evaluation and + continuous improvement of the plan; + ``(E) as applicable to the waiver request-- + ``(i) describes the State educational + agency, local educational agency, or Indian + tribe's process for making valid and meaningful + accountability determinations, based on student + academic achievement, to review the success of + schools and local educational agencies or + Indian tribes in implementing the State's + college and career ready academic content + standards and student academic achievement + standards; + ``(ii) describes the State educational + agency, local educational agency, or Indian + tribe's process for accurately and meaningfully + identifying, supporting, and intervening in + underperforming schools, consistent with + applicable State or local policy; and + ``(iii) includes information on how the + State educational agency, local educational + agency, or Indian tribe will maintain and + improve transparency in reporting to parents + and the public on student achievement and + school performance, including the achievement + of students according to the student subgroups + described in subclauses (I) through (IV) of + section 1111(b)(2)(B)(viii); and''; + (B) in paragraph (2)(B)(i)(II), by striking ``(on + behalf of, and based on the requests of, local + educational agencies)'' and inserting ``(on their own + behalf, or on behalf of, and based on the requests of, + local educational agencies in the State)''; + (C) in paragraph (3)(A), in the matter preceding + clause (i), by inserting ``or on behalf of local + educational agencies in the State,'' after ``acting on + its own behalf,''; and + (D) by adding at the end the following: + ``(4) Peer review.-- + ``(A) Peer review team.-- + ``(i) In general.--The Secretary shall + establish multi-disciplinary peer review teams + and appoint members to such teams, including + persons who have experience with a State + educational agency (or local educational agency + or Indian tribe, as appropriate) and broader + education reform experience, to review waiver + requests under this section if-- + ``(I) the Secretary requests such + input in order to approve a waiver + request; or + ``(II) the Secretary intends to + disapprove a request. + ``(ii) Team in place for all waiver + requests.--The Secretary may, at the + Secretary's discretion, have a peer review team + review all waiver requests submitted under this + section. + ``(B) Applicability.--The Secretary may approve a + waiver request under this section without conducting a + peer review of the request, but shall use the peer + review process under this paragraph before disapproving + such a request. + ``(C) Purpose of peer review.--The peer review + process shall be designed to-- + ``(i) promote effective implementation of + State-developed college and career ready + academic content standards and student academic + achievement standards, through State and local + innovation; and + ``(ii) provide transparent feedback to + State educational agencies, local educational + agencies, or Indian tribes, designed to + strengthen the applicant's plan described under + paragraph (1)(C). + ``(D) Standard and nature of review.--Peer + reviewers shall conduct a good faith review of waiver + requests submitted to them under this section. Peer + reviewers shall review such waiver requests-- + ``(i) in their totality; + ``(ii) in deference to State and local + judgment; and + ``(iii) with the goal of promoting State- + and local-led innovation. + ``(5) Waiver determination, demonstration, and revision.-- + ``(A) In general.--The Secretary shall approve a + waiver request not more than 90 days after the date on + which such request is submitted, unless the Secretary + determines and demonstrates that-- + ``(i) the waiver request does not meet the + requirements of this section; + ``(ii) the waiver is not permitted under + subsection (c); + ``(iii) the plan that is required under + paragraph (1)(C), and reviewed with deference + to State and local judgment, provides no + reasonable basis to determine that a waiver + will enhance student academic achievement; or + ``(iv) the waiver request does not provide + for adequate evaluation to ensure review and + continuous improvement of the plan, consistent + with paragraph (1)(D). + ``(B) Waiver determination and revision.--If the + Secretary determines and demonstrates that the waiver + request does not meet the requirements of this section, + the Secretary shall-- + ``(i) immediately-- + ``(I) notify the State educational + agency, local educational agency, or + Indian tribe of such determination; and + ``(II) at the request of the State + educational agency, local educational + agency, or Indian tribe, provide + detailed reasons for such determination + in writing; + ``(ii) offer the State educational agency, + local educational agency, or Indian tribe an + opportunity to revise and resubmit the waiver + request not more than 60 days after the date of + such determination; and + ``(iii) if the Secretary determines that + the resubmission does not meet the requirements + of this section, at the request of the State + educational agency, local educational agency, + or Indian tribe, conduct a public hearing not + more than 30 days after the date of such + resubmission. + ``(C) Waiver disapproval.--The Secretary may + disapprove a waiver request if-- + ``(i) the State educational agency, local + educational agency, or Indian tribe has been + notified and offered an opportunity to revise + and resubmit the waiver request, as described + under clauses (i) and (ii) of subparagraph (B); + and + ``(ii) the State educational agency, local + educational agency, or Indian tribe-- + ``(I) does not revise and resubmit + the waiver request; or + ``(II) revises and resubmits the + waiver request, and the Secretary + determines that such waiver request + does not meet the requirements of this + section after a hearing conducted under + subparagraph (B)(iii). + ``(D) External conditions.--The Secretary shall not + disapprove a waiver request under this section based on + conditions outside the scope of the waiver request.''; + (3) in subsection (d)-- + (A) in the heading, by adding ``; Limitations'' + after ``Duration and Extension of Waiver''; and + (B) by adding at the end the following: + ``(3) Specific limitations.--The Secretary shall not + require a State educational agency, local educational agency, + or Indian tribe, as a condition of approval of a waiver + request, to-- + ``(A) include in, or delete from, such request, + specific academic content standards or academic + achievement standards; + ``(B) use specific academic assessment instruments + or items; or + ``(C) include in, or delete from, such waiver + request any criterion that specifies, defines, or + prescribes the standards or measures that a State or + local educational agency uses to establish, implement, + or improve-- + ``(i) State academic content standards or + academic achievement standards; + ``(ii) assessments; + ``(iii) State accountability systems; + ``(iv) systems that measure student growth; + ``(v) measures of other academic + indicators; or + ``(vi) teacher and principal evaluation + systems.''; + (4) in subsection (e)-- + (A) in paragraph (1)-- + (i) by striking the heading and inserting + ``Waiver reports''; + (ii) in the matter preceding subparagraph + (A)-- + (I) by striking ``local educational + agency that receives'' and inserting + ``State educational agency, local + educational agency, or Indian tribe + that receives''; and + (II) by striking ``submit a report + to the State educational agency that'' + and inserting ``submit a report to the + Secretary that''; + (B) by striking paragraphs (2) and (3); + (C) by redesignating paragraph (4) as paragraph + (2); and + (D) in paragraph (2), (as redesignated by + subparagraph (C)), by striking ``Beginning in fiscal + year 2002 and for each subsequent year, the Secretary + shall submit to the Committee'' and inserting ``The + Secretary shall annually submit to the Committee''; and + (5) in subsection (f), by inserting ``and the recipient of + the waiver has failed to make revisions needed to carry out the + purpose of the waiver,'' after ``has been inadequate to justify + a continuation of the waiver''.","State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. + +Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards; (2) the plan will be evaluated regularly and improved continuously; (3) they will review implementation of the college and career readiness standards; (4) they will identify, support, and intervene in underperforming schools; and (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance. + +Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements. + +Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation. + +Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests. + +Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems.",A bill to amend section 9401 of the Elementary and Secondary Education Act of 1965 with regard to waivers of statutory and regulatory requirements.," The State Innovation Pilot Act of 2011 aims to support state, local, and tribal leadership and innovation in preparing students to meet state-developed college and career ready academic content standards and student academic achievement standards. It establishes a process for state, local, and tribal educational leaders to implement alternative and innovative strategies to improve student academic achievement and meet the purposes of the Elementary and Secondary Education Act of 1965. The Act amends Section 9401 of the Elementary and Secondary Education Act of 1965 to allow state educational agencies, local educational agencies, or Indian tribes that receive funds under a program authorized under this Act to submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. The Secretary shall waive any statutory or regulatory requirement for a state educational agency, local educational agency, Indian tribe, or school (through a local educational agency) that submits a waiver request pursuant to this Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Freedom from Unfair Energy Levy +Act''. + +SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES. + + (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the +Internal Revenue Code of 1986 (relating to imposition of tax on +gasoline, diesel fuel, and kerosene) is amended by adding at the end +the following new subsection: + ``(f) Temporary Suspension of Fuel Taxes.-- + ``(1) In general.--During the suspension period, each rate + of tax referred to in paragraph (2) shall be reduced to zero. + ``(2) Rates of tax.--The rates of tax referred to in this + paragraph are the rates of tax otherwise applicable under-- + ``(A) subsection (a)(2)(A) (relating to gasoline, + diesel fuel, and kerosene), + ``(B) sections 4091(b)(3)(A) (relating to aviation + fuel), + ``(C) section 4042(b)(2)(C) (relating to fuel used + on inland waterways), + ``(D) paragraph (1), (2), or (3) of section 4041(a) + (relating to diesel fuel, special fuels, and compressed + natural gas), and + ``(E) section 4041(m)(1)(A)(i) (relating to certain + methanol or ethanol fuels). + ``(3) Suspension period.--For purposes of this subsection, + the term `suspension period' means the 180-day period beginning + on the 30th day after the date of the enactment of this + subsection.'' + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES. + + (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the +Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and +inserting ``14 cents''. + (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of +such Code is amended by striking ``19.3 cents'' and inserting ``15 +cents''. + (c) Diesel Fuel and Kerosene.--Clause (iii) of section +4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and +inserting ``20 cents''. + (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code +is amended by striking ``21.8 cents'' and inserting ``17.5 cents''. + (e) Fuel Used on Inland Waterways.-- + (1) Paragraph (1) of section 4042(b) of such Code is + amended by adding ``and'' at the end of subparagraph (A), by + striking ``, and'' at the end of subparagraph (B) and inserting + a period, and by striking subparagraph (C). + (2) Paragraph (2) of section 4042(b) of such Code is + amended by striking subparagraph (C). + (f) Technical Amendments.-- + (1) Subparagraph (B) of section 40(e)(1) of such Code is + amended by striking ``during which the rates of tax under + section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting + ``during which the rate of tax under section 4081(a)(2)(A)(i) + does not apply''. + (2) Subparagraph (A) of section 4041(a)(1) of such Code is + amended by striking ``or a diesel-powered train'' each place it + appears and by striking ``or train''. + (3) Subparagraph (C) of section 4041(a)(1) of such Code is + amended by striking clause (ii) and by redesignating clause + (iii) as clause (ii). + (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such + Code, as redesignated by paragraph (3), is amended by striking + ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 + cents per gallon'' and inserting ``zero''. + (5) Subsection (a) of section 4041 of such Code is amended + by striking paragraph (3). + (6) Subparagraph (C) of section 4041(b)(1) of such Code is + amended by striking all that follows ``section 6421(e)(2)'' and + inserting a period. + (7) Subparagraph (B) of section 4041(a)(2) of such Code is + amended by striking all that follows clause (i) and inserting + the following new clauses: + ``(ii) 10.4 cents per gallon in the case of + liquefied petroleum gas, and + ``(iii) 9.1 cents per gallon in the case of + liquefied natural gas.'' + (8) Paragraph (3) of section 4041(c) of such Code is + amended to read as follows: + ``(3) Termination.--The rate of the taxes imposed by + paragraph (1) shall be zero after September 30, 2007.'' + (9) Subsection (d) of section 4041 of such Code is amended + by redesignating paragraph (3) as paragraph (4) and by + inserting after paragraph (2) the following new paragraph: + ``(3) Diesel fuel used in trains.--There is hereby imposed + a tax of 0.1 cent per gallon on any liquid other than gasoline + (as defined in section 4083)-- + ``(A) sold by any person to an owner, lessee, or + other operator of a diesel-powered train for use as a + fuel in such train, or + ``(B) used by any person as a fuel in a diesel- + powered train unless there was a taxable sale of such + fuel under subparagraph (A). + 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.'' + (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such + Code are amended to read as follows: + ``(i) 7 cents per gallon on and after the + date of the enactment of this clause and before + October 1, 2005, and + ``(ii) zero after September 30, 2005, + and''. + (11) Subsection (c) of section 4081 of such Code is amended + by striking paragraph (6) and by redesignating paragraphs (7) + and (8) as paragraphs (6) and (7), respectively. + (12) Paragraphs (1) and (2) of section 4081(d) of such Code + are amended to read as follows: + ``(1) In general.--The rates of tax specified in clauses + (i) and (iii) of subsection (a)(2)(A) shall be zero after + September 30, 2005. + ``(2) Aviation gasoline.--The rate of tax specified in + subsection (a)(2)(A)(ii) shall be zero after September 30, + 2007.'' + (13) Subsection (f) of section 4082 of such Code is amended + by striking ``section 4041(a)(1)'' and inserting ``subsections + (d)(3) and (a)(1) of section 4041, respectively''. + (14) Paragraph (3) of section 4083(a) of such Code is + amended by striking ``or a diesel-powered train''. + (15) Subparagraph (A) of section 4091(b)(3) of such Code is + amended to read as follows: + ``(A) The rate of tax specified in paragraph (1) + shall be zero after September 30, 2007.'' + (16) Paragraph (1) of section 4091(c) of such Code is + amended-- + (A) by striking ``14 cents'' and inserting ``9.7 + cents'', + (B) by striking ``13.3 cents'' and inserting ``9 + cents'', + (C) by striking ``13.2 cents'' and inserting ``8.9 + cents'', + (D) by striking ``13.1 cents'' and inserting ``8.8 + cents'', and + (E) by striking ``13.4 cents'' and inserting ``9.1 + cents''. + (17) Subsection (c) of section 4091 of such Code is amended + by striking paragraph (4), and by redesignating paragraph (5) + as paragraph (4). + (18) Subsection (b) of section 4092 of such Code is amended + by striking ``attributable to'' and all that follows and + inserting ``attributable to the Leaking Underground Storage + Tank Trust Fund financing rate imposed by such section. For + purposes of the preceding sentence, the term `commercial + aviation' means any use of an aircraft other than in + noncommercial aviation (as defined in section 4041(c)(2)).'' + (19) Subparagraph (B) of section 6421(f)(2) of such Code is + amended by striking ``and,'' and all that follows and inserting + a period. + (20) Paragraph (3) of section 6421(f) of such Code is + amended to read as follows: + ``(3) Gasoline used in trains.--In the case of gasoline + used as a fuel in a train, this section shall not apply with + respect to the Leaking Underground Storage Tank Trust Fund + financing rate under section 4081.'' + (21) Subparagraph (A) of section 6427(b)(2) of such Code is + amended by striking ``7.4 cents'' and inserting ``3.1 cents''. + (22) Paragraph (3) of section 6427(l) of such Code is + amended to read as follows: + ``(3) Refund of certain taxes on fuel used in diesel- + powered trains.--For purposes of this subsection, the term + `nontaxable use' includes fuel used in a diesel-powered train. + The preceding sentence shall not apply to the tax imposed by + section 4041(d) and the Leaking Underground Storage Tank Trust + Fund financing rate under section 4081 except with respect to + fuel sold for exclusive use by a State or any political + subdivision thereof.'' + (23) Paragraph (4) of section 6427(l) of such Code is + amended by striking ``attributable to'' and all that follows + through the period and inserting ``attributable to the Leaking + Underground Storage Tank Trust Fund financing rate imposed by + such section.'' + (g) Effective Date.--The amendments made by this section shall take +effect on the day after the suspension period ends under section +4081(f) of the Internal Revenue Code of 1986 (as added by section 2). + +SEC. 4. FLOOR STOCK REFUNDS. + + (a) In General.--If-- + (1) before the tax suspension date, tax has been imposed + under section 4081 or 4091 of the Internal Revenue Code of 1986 + on any liquid, and + (2) on such date such liquid is held by a dealer and has + not been used and is intended for sale, +there shall be credited or refunded (without interest) to the person +who paid such tax (hereafter in this section referred to as the +``taxpayer'') an amount equal to the excess of the tax paid by the +taxpayer over the amount of such tax which would be imposed on such +liquid had the taxable event occurred on such date. + (b) Time for Filing Claims.--No credit or refund shall be allowed +or made under this section unless-- + (1) claim therefor is filed with the Secretary of the + Treasury before the date which is 6 months after the tax + suspension date, and + (2) in any case where liquid is held by a dealer (other + than the taxpayer) on the tax suspension date-- + (A) the dealer submits a request for refund or + credit to the taxpayer before the date which is 3 + months after the tax suspension date, and + (B) the taxpayer has repaid or agreed to repay the + amount so claimed to such dealer or has obtained the + written consent of such dealer to the allowance of the + credit or the making of the refund. + (c) Exception for Fuel Held in Retail Stocks.--No credit or refund +shall be allowed under this section with respect to any liquid in +retail stocks held at the place where intended to be sold at retail. + (d) Definitions.--For purposes of this section-- + (1) the terms ``dealer'' and ``held by a dealer'' have the + respective meanings given to such terms by section 6412 of such + Code; except that the term ``dealer'' includes a producer, and + (2) the term ``tax suspension date'' means the date on + which the suspension period begins under section 4081(f) of the + Internal Revenue Code of 1986 (as added by section 2). + (e) Certain Rules To Apply.--Rules similar to the rules of +subsections (b) and (c) of section 6412 of such Code shall apply for +purposes of this section. + +SEC. 5. FLOOR STOCKS TAX. + + (a) Imposition of Tax.--In the case of any taxable liquid which is +held on the floor stocks tax date by any person, there is hereby +imposed a floor stocks tax equal to the excess of the tax which would +be imposed under section 4041, 4081, or 4091 of the Internal Revenue +Code of 1986 on such liquid had the taxable event occurred on the floor +stocks tax date over the tax paid under such sections on such liquid. + (b) Liability for Tax and Method of Payment.-- + (1) Liability for tax.--A person holding a liquid on the + floor stocks tax date to which the tax imposed by subsection + (a) applies shall be liable for such tax. + (2) Method of payment.--The tax imposed by subsection (a) + shall be paid in such manner as the Secretary shall prescribe. + (3) Time for payment.--The tax imposed by subsection (a) + shall be paid on or before the date which is 6 months after the + floor stocks tax date. + (c) Definitions.--For purposes of this section-- + (1) Held by a person.--A liquid 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). + (2) Taxable liquid.--The term ``taxable liquid'' means any + liquid on which tax is imposed under section 4041, 4081, or + 4091 of the Internal Revenue Code of 1986 on the floor stocks + tax date. + (3) Gasoline and diesel fuel.--The terms ``gasoline'' and + ``diesel fuel'' have the respective meanings given such terms + by section 4083 of such Code. + (4) Aviation fuel.--The term ``aviation fuel'' has the + meaning given such term by section 4093 of such Code. + (5) Floor stocks tax date.--The term ``floor stocks tax + date'' means the day after the end of the suspension period + under section 4081(f) of such Code (as added by section 2). + (6) Secretary.--The term ``Secretary'' means the Secretary + of the Treasury or the Secretary's delegate. + (d) Exception for Exempt Uses.--The tax imposed by subsection (a) +shall not apply to taxable liquid held by any person exclusively for +any use to the extent a credit or refund of the tax imposed by section +4041, 4081, or 4091 of such Code is allowable for such use. + (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be +imposed by subsection (a) on taxable liquid held in the tank of a motor +vehicle or motorboat. + (f) Exception for Certain Amounts of Fuel.-- + (1) In general.--No tax shall be imposed by subsection + (a)-- + (A) on gasoline held on the floor stocks tax date + by any person if the aggregate amount of gasoline held + by such person on such date does not exceed 4,000 + gallons, and + (B) on diesel fuel, kerosene, or aviation fuel held + on such date by any person if the aggregate amount of + diesel fuel, kerosene, or aviation fuel 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. + (2) Exempt fuel.--For purposes of paragraph (1), there + shall not be taken into account fuel held by any person which + is exempt from the tax imposed by subsection (a) by reason of + subsection (d) or (e). + (3) Controlled groups.--For purposes of this subsection-- + (A) 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. + (B) Nonincorporated persons under common control.-- + Under regulations prescribed by the Secretary, + principles similar to the principles of subparagraph + (A) shall apply to a group of persons under common + control where 1 or more of such persons is not a + corporation. + (g) Other Law Applicable.--All provisions of law, including +penalties, applicable with respect to the taxes imposed by section +4041(a)(2) of such Code in the case of special fuels; by section 4081 +of such Code in the case of gasoline, diesel fuel, and kerosene; and by +section 4091 of such Code in the case of aviation fuel shall, insofar +as applicable and not inconsistent with the provisions of this +subsection, apply with respect to the floor stock taxes imposed by +subsection (a) to the same extent as if such taxes were imposed by such +section 4041, 4081, or 4091.","Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes; and (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions.","To amend the Internal Revenue Code of 1986 to suspend all motor fuel taxes for six months, and to permanently repeal the 4.3-cent per gallon increases in motor fuel taxes enacted in 1993."," This document outlines the ""Freedom from Unfair Energy Levy Act,"" which includes several sections addressing fuel tax suspensions, repeals of motor fuel tax increases, and floor stock tax impositions. Key points include a six-month suspension of fuel taxes for gasoline, diesel fuel, kerosene, aviation fuel, fuel used on inland waterways, and certain methanol or ethanol fuels. The act also repeals increases in motor fuel taxes for highway gasoline, aviation gasoline, diesel fuel, and kerosene. Additionally, it imposes floor stock taxes on any taxable liquid held on the floor stocks tax date by any person, with certain exceptions for exempt uses and fuel held in vehicle tanks." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans' Housing Benefits +Enhancement Act of 2007''. + +SEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY + DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR + RELEASE FROM THE ARMED FORCES. + + Section 1717 of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(d)(1) In the case of a member of the Armed Forces who, as +determined by the Secretary, has a total disability permanent in nature +incurred or aggravated in the line of duty in the active military, +naval, or air service, the Secretary may furnish improvements and +structural alterations for such member for such disability or as +otherwise described in subsection (a)(2) while such member is +hospitalized or receiving outpatient medical care, services, or +treatment for such disability if the Secretary determines that such +member is likely to be discharged or released from the Armed Forces for +such disability. + ``(2) The furnishing of improvements and alterations under +paragraph (1) in connection with the furnishing of medical services +described in subparagraph (A) or (B) of subsection (a)(2) shall be +subject to the limitation specified in the applicable subparagraph.''. + +SEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH + SEVERE BURNS. + + Section 2101 of title 38, United States Code, is amended-- + (1) in subsection (a)(2), by adding at the end the + following new subparagraph: + ``(E) The disability is due to a severe burn injury (as + determined pursuant to regulations prescribed by the + Secretary).''; and + (2) in subsection (b)(2)-- + (A) by striking ``either'' and inserting ``any''; + and + (B) by adding at the end the following new + subparagraph: + ``(C) The disability is due to a severe burn injury (as so + determined).''. + +SEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. + + (a) In General.--Not later than December 31, 2007, 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 that contains an assessment of the adequacy of +the authorities available to the Secretary under law to assist disabled +veterans in acquiring-- + (1) suitable housing units with special fixtures or movable + facilities required for their disabilities, and necessary land + therefor; + (2) such adaptations to their residences as are reasonably + necessary because of their disabilities; or + (3) residences already adapted with special features + determined by the Secretary to be reasonably necessary as a + result of their disabilities. + (b) Focus on Particular Disabilities.--The report required by +subsection (a) shall pay particular attention to the needs of veterans +who have disabilities that are not described in subsections (a)(2) and +(b)(2) of section 2101 of title 38, United States Code. + +SEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED + FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND + ADAPTIVE EQUIPMENT. + + Section 3901(1) of title 38, United States Code, is amended-- + (1) in subparagraph (A)-- + (A) in the matter preceding clause (i), by striking + ``or (iii)'' and inserting ``(iii), or (iv)''; and + (B) by adding at the end the following new clause: + ``(iv) A severe burn injury (as determined pursuant + to regulations prescribed by the Secretary); or''; and + (2) in subparagraph (B), by striking ``or (iii)'' and + inserting ``(iii), or (iv)''. + +SEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED + FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY + MEMBER. + + (a) In General.--Subsection (a) of section 2102A of title 38, +United States Code, is amended-- + (1) by inserting ``(1)'' before ``In the case''; + (2) by striking ``disabled veteran who is described in + subsection (a)(2) or (b)(2) of section 2101 of this title and'' + and inserting ``person described in paragraph (2)''; + (3) by striking ``such veteran's'' and inserting ``the + person's''; + (4) by striking ``the veteran'' and inserting ``the + person''; + (5) by striking ``the veteran's'' and inserting ``the + person's''; and + (6) by adding at the end the following new paragraph: + ``(2) A person described in this paragraph is-- + ``(A) a veteran who is described in subsection (a)(2) or + (b)(2) of section 2101 of this title; or + ``(B) a member of the Armed Forces who-- + ``(i) has, as determined by the Secretary, a + disability permanent in nature described in subsection + (a)(2) or (b)(2) of section 2101 of this title that has + incurred in the line of duty in the active military, + naval, or air service; + ``(ii) is hospitalized or receiving outpatient + medical care, services, or treatment for such + disability; and + ``(iii) is likely to be discharged or released from + the Armed Forces for such disability.''. + (b) Conforming Amendments.--Such section is further amended-- + (1) in subsection (b), by striking ``veteran'' both places + it appears and inserting ``person with a disability''; and + (2) in subsection (c), by striking ``veteran'' and + inserting ``person''. + (c) Report on Assistance for Disabled Veterans and Members of the +Armed Forces Who Reside in Housing Owned by Family Member on Permanent +Basis.--Not later than December 31, 2007, 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 advisability of providing assistance +under section 2102A of title 38, United States Code, to veterans and +members of the Armed Forces described in subsection (a) of such +section, as amended by subsection (a) of this section, who reside with +family members on a permanent basis.","Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. + +Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury; and (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance.","A bill to amend title 38, United States Code, to provide certain housing benefits to disabled members of the Armed Forces, to expand certain benefits for disabled veterans with severe burns, and for other purposes."," The Veterans' Housing Benefits Enhancement Act of 2007 aims to improve housing benefits for disabled veterans and members of the Armed Forces. It includes provisions for home improvements and structural alterations for totally disabled members before discharge or release from the Armed Forces. It also addresses specially adapted housing assistance for disabled veterans with severe burns and eligibility for automobiles and adaptive equipment for disabled veterans and members with severe burn injuries. Additionally, it discusses adapted housing assistance for disabled members residing temporarily in housing owned by family members and reports on assistance for disabled veterans and members residing with family members on a permanent basis." +"SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF + PEG USE. + + (a) In General.--Section 611 of the Communications Act of 1934 (47 +U.S.C. 531) is amended-- + (1) by redesignating subsection (f) as subsection (h); and + (2) by inserting after subsection (e) the following: + ``(f) Signal Quality and Content.-- + ``(1) In general.--A cable operator that operates a cable + system with channel capacity designated under subsection (b) or + that is required to provide channel capacity under subsection + (g)(6) shall, with respect to such channel capacity-- + ``(A) carry signals for public, educational, or + governmental use from the point of origin of such + signals to subscribers without material degradation and + without altering or removing content or data provided + as part of the public, educational, or governmental + use; + ``(B) provide such signals to, and make such + signals viewable by, every subscriber of the cable + system without additional service or equipment charges; + and + ``(C) provide to the appropriate local government + subdivision, free of charge, any transmission services + and the use of any transmission facilities that are + necessary to meet the requirements of subparagraph (A). + ``(2) Enforcement.--The requirements of this subsection may + be enforced by-- + ``(A) a local government subdivision; or + ``(B) a State. + ``(g) Preservation of Support of Public, Educational, and +Governmental Use.-- + ``(1) Level of support required.--In a State that adopts + legislation affecting cable system franchising requirements + relating to support for public, educational, or governmental + use of a cable system that becomes effective after May 31, + 2005, notwithstanding such legislation, a cable operator owes + to any local government subdivision in which the operator + provides cable service during a year beginning after the date + of enactment of this subsection an amount for such year to be + determined by the local government subdivision, but not to + exceed the greatest of the following: + ``(A) The amount of support provided in the last + calendar year ending before the effective date of such + State legislation. + ``(B) The average annual amount of support provided + over the term of the franchise under which the cable + operator was operating on the day before the effective + date of such State legislation. + ``(C) The amount of support that the cable operator + is required to provide to such local government + subdivision under such State legislation during the + year involved. + ``(D) An amount of support equal to 2 percent of + the gross revenues of the cable operator from the + operation of the cable system to provide cable services + in such local government subdivision during the year + involved. + ``(2) Forms of support.--For purposes of paragraph (1), + support for public, educational, or governmental use of a cable + system means all cash payments, in-kind support, and free + services that the operator of the cable system, or its + predecessor, provides to the local government subdivision for + such use of the cable system. + ``(3) Adjustment for inflation.--For a year beginning on or + after the effective date described in subparagraphs (A) and (B) + of paragraph (1), on the date that the Gross National Product + Price Index is first published by the Bureau of Economic + Analysis after the end of June of such year, the amounts + specified in such subparagraphs shall be increased by the + percentage increase, if any, in the Index published on such + date from the Index first published after the end of June of + the preceding year. + ``(4) Cash payments.--A cable operator that owes amounts + under paragraph (1) shall, beginning not later than 30 days + after the date of enactment of this subsection, pay such + amounts in cash-- + ``(A) in accordance with the schedule for payment + of franchise fees, communications taxes, or other + similar assessments under any applicable franchise; or + ``(B) if there is no payment schedule for such + assessments under an applicable franchise, in + accordance with the most frequent payment schedule for + such assessments under applicable State or local law. + ``(5) Uses; disputes.-- + ``(A) Uses.--Support provided to any local + government subdivision under this subsection shall be + dedicated to public, educational, or governmental use + of channel capacity. + ``(B) Disputes.-- + ``(i) Mediation.--If there is a dispute as + to amounts owed under this subsection, + undisputed amounts shall be paid to the local + government subdivision, disputed amounts shall + be paid into an escrow account, and the parties + shall submit to nonbinding mediation. + ``(ii) Court proceedings.--If the dispute + cannot be settled using mediation, either party + may seek relief from a court of competent + jurisdiction. + ``(6) Channels.--In a State that adopts legislation + affecting cable system franchising requirements relating to the + number of channels for public, educational, or governmental use + of a cable system that becomes effective after May 31, 2005, a + cable operator shall, notwithstanding such legislation, provide + in a local government subdivision at least the greater of the + following number of channels for such use: + ``(A) The number of channels for such use that the + operator was providing in the local government + subdivision on the day before the effective date of + such State legislation. + ``(B) If the operator provided fewer than 3 + channels for such use in the local government + subdivision on the day before the effective date of + such State legislation, a number specified by the local + government subdivision, but not to exceed 3. + ``(7) Enforcement.--The requirements of this subsection may + be enforced by-- + ``(A) a local government subdivision; or + ``(B) a State.''. + (b) Definitions.-- + (1) Cable service.--Section 602(6) of the Communications + Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' + and inserting ``means, regardless of the technology or + transmission protocol used in the provision of service''. + (2) Local government subdivision.--Section 602 of the + Communications Act of 1934 (47 U.S.C. 522) is amended-- + (A) by redesignating paragraphs (13) through (20) + as paragraphs (14) through (21), respectively; and + (B) by inserting after paragraph (12) the + following: + ``(13) the term `local government subdivision' means-- + ``(A) except as provided in subparagraph (B), a + franchising authority that derives its power to grant a + franchise from State or local law; and + ``(B) in a State that adopts legislation affecting + cable system franchising requirements relating to + support for public, educational, or governmental use of + a cable system that becomes effective after May 31, + 2005, an entity that was considered a franchising + authority deriving its power to grant a franchise from + State or local law as of the day before the effective + date of such State legislation;''. + (3) Franchise fee.--Section 622(g)(2) of the Communications + Act of 1934 (47 U.S.C. 542(g)(2)) is amended-- + (A) in subparagraph (B), by striking ``in the case + of any franchise in effect on the date of enactment of + this title,''; + (B) by striking subparagraph (C); and + (C) by redesignating subparagraphs (D) and (E) as + subparagraphs (C) and (D), respectively.","Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities.","A bill to amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes."," This text discusses amendments to Section 611 of the Communications Act of 1934 regarding cable operators' signal quality and content preservation for public, educational, or governmental use. The amendments require cable operators to carry signals without degradation or alteration, provide them to every subscriber without additional charges, and offer free transmission services to local government subdivisions. Enforcement can be done by local government subdivisions or states. The amendments also address support levels for public, educational, or governmental use, forms of support, adjustments for inflation, cash payments, uses and disputes, and channel requirements." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``District of Columbia Tax Revenue +Nondiscrimination Act of 1997''. + +SEC. 2. REPEAL PROVISIONS GRANTING PROPERTY TAX RELIEF TO CERTAIN + ENTITIES IN THE DISTRICT OF COLUMBIA. + + (a) In General.-- + (1) American chemical society; american forestry + association; brookings institution; carnegie institution of + washington, dc; medical society of the district of columbia; + national academy of sciences; american pharmaceutical + association; national geographic society; national lutheran + home; american association to promote the teaching of speech to + the deaf.--Section 1(k) of the Act entitled ``An Act to define + real property exempt from taxation in the District of + Columbia'', approved December 24, 1942 (D.C. Code 47-1002(11)) + is hereby repealed. + (2) Disabled american veterans.--The Act entitled ``An Act + to exempt from taxation certain property of the Disabled + American Veterans in the District of Columbia'', approved May + 15, 1946 (D.C. Code 47-1003) is hereby repealed. + (3) National society of the colonial dames of america.--The + Act entitled ``An Act to exempt from taxation certain property + of the National Society of the Colonial Dames of America in the + District of Columbia'', approved September 7, 1949 (D.C. Code + 47-1004) is hereby repealed. + (4) Jewish war veterans, u.s.a., national memorial + incorporated.-- Public Law 98-486 (D.C. Code 47-1005) is hereby + repealed. + (5) Louise home.--The Act entitled, ``An Act to incorporate + the trustees of the Louise Home, and for other purposes'', + approved March 3, 1875 (D.C. Code 47-1012) is hereby repealed. + (6) Oak hill.--Section 10 of the Act entitled ``An Act to + incorporate the Oak Hill Cemetery, in the District of + Columbia'', approved March 3, 1849 (D.C. Code 47-1015) is + hereby repealed. + (7) Corcoran gallery of art.-- + (A) Real property and works of art.--Section 4 of + the Act entitled ``An Act to incorporate the Trustees + of the Corcoran Gallery of Art, and for other + purposes'', approved May 24, 1870 (D.C. Code 47-1016) + is hereby repealed. + (B) Endowment fund.--The Act entitled ``An Act to + exempt from taxation all property held by the trustees + of the Corcoran Gallery of Art, and for other + purposes'', approved January 26, 1887 (D.C. Code 47- + 1017) is hereby repealed. + (8) Luther statue association.--Section 4 of the Act + entitled ``An Act to incorporate the Luther Statue Association, + to erect and maintain a monument or statue in memory of Martin + Luther in the District of Columbia'', approved March 3, 1885 + (D.C. Code 47-1019) is hereby repealed. + (9) Young woman's christian association.-- + (A) Young women's christian home.--Section 2 of the + Act entitled ``An Act to incorporate the trustees of + the Young Woman's Christian Home in Washington, + District of Columbia'', approved February 23, 1887 + (D.C. Code 47-1021) is amended by striking ``: + Provided,'' and all that follows and inserting a + period. + (B) Property.--Section 1 of the Act entitled ``An + Act to exempt the property of the Young Women's + Christian Association in the District of Columbia from + national and municipal taxation'', approved June 16, + 1938 (D.C. Code 47-1022) is amended by striking ``and + municipal''. + (10) Young men's christian association.--The Act entitled + ``An Act to exempt the property of the Young Men's Christian + Association of the District of Columbia'', approved June 16, + 1894 (D.C. Code 47-1024) is hereby repealed. + (11) Edes home.--Section 2 of the Act entitled ``An Act to + incorporate the Edes Home'', approved January 1, 1906 (D.C. + Code 47-1026) is amended by striking the second sentence. + (12) General education board.--Section 6 of the Act + entitled ``An Act to incorporate the General Education Board'', + approved January 12, 1903 (D.C. Code 47-1027) is hereby + repealed. + (13) Daughters of the american revolution.--The following + provisions of law are hereby repealed: + (A) The Act entitled ``An Act to exempt from + taxation certain property of the Daughters of the + American Revolution in Washington, District of + Columbia'', approved May 21, 1924 (D.C. Code 47-1028). + (B) The Act entitled ``An Act to exempt from + taxation certain property of the Daughters of the + American Revolution in Washington, District of + Columbia'', approved February 27, 1903 (D.C. Code 47- + 1029). + (C) The Act entitled ``An Act to exempt from + taxation certain property of the Daughters of the + American Revolution in Washington, District of + Columbia'', approved September 16, 1922 (D.C. Code 47- + 1030). + (D) The Act entitled ``An Act to exempt from + taxation certain property of the Daughters of the + American Revolution in Washington, District of + Columbia'', approved August 15, 1916 (D.C. Code 47- + 1031). + (E) The Act entitled ``An Act to exempt from + taxation certain property of the Daughters of the + American Revolution in Washington, District of + Columbia'', approved March 3, 1917 (D.C. Code 47-1032). + (14) National society united states daughters of 1812.--The + Act entitled ``An Act to exempt from taxation certain property + of the National Society United States Daughters of 1812 in the + District of Columbia'', approved June 4, 1934 (D.C. Code 47- + 1033) is hereby repealed. + (15) National society of the sons of the american + revolution.--The Act entitled ``An Act to exempt from taxation + certain property of the National Society of the Sons of the + American Revolution'', approved June 16, 1934 (D.C. Code 47- + 1034) is hereby repealed. + (16) American legion.--The Act entitled ``An Act to exempt + from taxation certain property of the American Legion in the + District of Columbia'', approved June 13, 1934 (D.C. Code 47- + 1035) is hereby repealed. + (17) National education association.--Section 4 of the Act + entitled ``An Act to incorporate the National Education + Association of the United States'', approved June 30, 1906 + (D.C. Code 47-1036) is hereby repealed. + (18) Society of the cincinnati.--The Act entitled ``An Act + to exempt from taxation certain property of the Society of the + Cincinnati, a corporation of the District of Columbia'', + approved February 24, 1938 (D.C. Code 47-1037) is hereby + repealed. + (19) American veterans of wwii.--The Act entitled ``An Act + to exempt from taxation certain property of the AMVETS, + American Veterans of WWII, in the District of Columbia'', + approved June 28, 1952 (D.C. Code 47-1038) is hereby repealed. + (20) Veterans of foreign wars.--The Act entitled ``An Act + to exempt from taxation certain property of the Veterans of + Foreign Wars in the District of Columbia'', approved July 19, + 1954 (D.C. Code 47-1039) is hereby repealed. + (21) National woman's party.--Public Law 86-706 (D.C. Code + 47-1040) is hereby repealed. + (22) American association of university women, educational + foundation, incorporated.--Public Law 86-709 (D.C. Code 47- + 1041) is hereby repealed. . + (23) National guard association of the united states.-- + Public Law 86-727 (D.C. Code 47-1042) is hereby repealed. + (24) Woodrow wilson house.--Public Law 88-470 (D.C. Code + 47-1043) is hereby repealed. + (25) American institute of architects foundation.--Section + 203 of the District of Columbia Revenue Act of 1970 (D.C. Code + 47-1044) is hereby repealed. + (b) Effective Date.--The amendments made by this section shall +apply with respect to taxable years beginning after December 1997. + +SEC. 3. PERMITTING DISTRICT OF COLUMBIA TO TAX CERTAIN GOVERNMENT- + SPONSORED ENTERPRISES. + + (a) Federal National Mortgage Association.--Section 309(c)(2) of +the Federal National Mortgage Association Charter Act (12 U.S.C. +1723a(c)(2)) is amended by striking ``States, or by the District of +Columbia'' and inserting ``States (other than the District of +Columbia)''. + (b) Federal Home Loan Mortgage Corporation.--Section 303(e) of the +Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(e)) is +amended by striking ``authority,'' and inserting ``authority (other +than the District of Columbia)''. + (c) Student Loan Marketing Association.--Section 439(b)(2) of the +Higher Education Act of 1965 (20 U.S.C. 1087-2(b)(2)) is amended by +striking ``States, or by the District of Columbia'' and inserting +``States (other than the District of Columbia)''. + (d) Effective Date.--The amendments made by this section shall +apply with respect to taxable years beginning after December 1997.","District of Columbia Tax Revenue Nondiscrimination Act of 1997 - Repeals various District of Columbia Code property tax exemptions for specified organizations located in the District of Columbia. +Amends specified Federal laws to permit the District of Columbia Government to tax: (1) the Federal National Mortgage Association (FANNIE MAE); (2) the Federal Home Loan Mortgage Corporation (FREDDIE MAC); and (3) the Student Loan Marketing Association (SALLIE MAE).",District of Columbia Tax Revenue Nondiscrimination Act of 1997," The District of Columbia Tax Revenue Nondiscrimination Act of 1997 aims to repeal provisions granting property tax relief to certain entities in Washington D.C., including organizations like the American Chemical Society, American Forestry Association, and the National Academy of Sciences. This act also seeks to permit the District of Columbia to tax certain government-sponsored enterprises such as the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and Student Loan Marketing Association." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Indian Tribal Development +Corporation Feasibility Study Act of 2004''. + +SEC. 2. FEASIBILITY STUDY. + + Section 4(b) of the Native American Business Development, Trade +Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended-- + (1) by redesignating paragraph (6) as paragraph (7); and + (2) by inserting after paragraph (5) the following: + ``(6) Tribal development corporation feasibility study.-- + ``(A) In general.--The Secretary shall establish + the Tribal Development Corporation Feasibility Study + Group (referred to in this paragraph as the `Group'). + ``(B) Members.--The Group shall be comprised of 12 + members, as follows: + ``(i) Representatives of indian tribes.-- + Five members of the Group shall be + representatives of federally recognized Indian + tribes. + ``(ii) Representatives of the alaska native + community.--Three members of the Group shall be + representatives of the Alaska Native Community. + ``(iii) Representative of the native + hawaiian community.--One member of the Group + shall be a representative of the Native + Hawaiian Community. + ``(iv) Representative of the private + sector.--Two members of the Group shall be + representatives of nongovernmental economic + activities carried out by private enterprises + in the private sector. + ``(v) Federal officials.--One member of the + Group shall be a representative of the + Department of the Treasury with demonstrated + experience in international economic + development and international financial + institutions. + ``(C) Chairperson.--The members of the Group shall + select a Chairperson. + ``(D) Personnel and services.-- + ``(i) In general.--The Chairperson of the + Group may appoint and terminate such personnel + as are necessary to enable the Group to perform + its duties. + ``(ii) Procurement of services.--The + Chairperson may procure such services as are + necessary to enable the Group to perform the + duties of the Group. + ``(E) Study.-- + ``(i) In general.--Not later than 270 days + after the date of enactment of this + subparagraph, the Group shall-- + ``(I) conduct a study to determine + the feasibility of establishing an + Indian Tribal Development Corporation + (referred to in this subparagraph as + the `Corporation'); and + ``(II) submit to the Committee on + Indian Affairs and the Committee on + Appropriations of the Senate and the + Committee on Resources and the + Committee on Appropriations of the + House of Representatives a report that + describes the results of the study and + any recommendations of the Group for + further legislative action. + ``(ii) Contents.--The report shall + contain-- + ``(I) a discussion and + determination of the financial + feasibility of the Corporation, + including whether the Corporation can + be, over the long term, financially + self-sustainable; + ``(II) a discussion and + determination of the probable economic + impact of the Corporation, including a + demonstration of the quantitative and + qualitative economic impact on Native + American communities; + ``(III) a discussion and + determination of the best alternatives + in the structure, organization, and + lending terms and conditions of the + Corporation, including the most + appropriate structure of capital + contributions to best serve, and be + acceptable to, Native interests; + ``(IV) a discussion and + determination of the basic terms and + conditions under which funding would be + provided to member Indian tribes; + ``(V) a discussion of nonfinancial + and advisory activities to be + undertaken by the Corporation, + including the use of diagnostic studies + by the Corporation to-- + ``(aa) identify tribal, + Federal, or State policies and + legal and regulatory conditions + and infrastructure deficiencies + that impede investment, both + private and public, needed to + promote economic development; + ``(bb) provide specific + recommendations for remedial + actions that can be undertaken + by an Indian tribe to overcome + such inhibitors of investment; + and + ``(cc) identify and + establish the terms for pre- + appraisal studies of investment + opportunities, both private and + public, that can be developed + and promoted by an Indian + tribe; and + ``(VI) a discussion and + determination of-- + ``(aa) the capital + structure of the Corporation, + including the optimal level of + initial capital contributions + by both Indian tribes and the + United States Government; and + ``(bb) the financial + instruments that will be + required by the Corporation to + ensure its success. + ``(F) Termination of study group.--The Group shall + terminate 120 days after the date on which the Group + submits the report under subparagraph (E). + ``(G) Authorization of appropriations.--There are + authorized to be appropriated to carry out this + paragraph-- + ``(i) $3,000,000 for fiscal year 2005; and + ``(ii) $2,000,000 for fiscal year 2006.''. + + Passed the Senate November 19, 2004. + + Attest: + + EMILY J. REYNOLDS, + + Secretary.","Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.",A bill to determine the feasibility of establishing an Indian Tribal Development Corporation.," The Indian Tribal Development Corporation Feasibility Study Act of 2004 aims to establish the Tribal Development Corporation Feasibility Study Group to determine the feasibility of establishing an Indian Tribal Development Corporation (Corporation). The Group will consist of 12 members representing various sectors, including federally recognized Indian tribes, Alaska Native Community, Native Hawaiian Community, private sector, Department of the Treasury, and federal officials. The Group will submit a report to the relevant committees of Congress detailing their findings and recommendations for further legislative action. The study will focus on financial feasibility, economic impact on Native American communities, alternative structures and lending terms, funding terms for member tribes, nonfinancial activities, and capital structure and financial instruments required for the Corporation's success." +"SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. + + Subpart 1 of part A of title IV of the Higher Education Act of 1965 +(20 U.S.C. 1070a et seq.) is amended by adding at the end the +following: + +``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. + + ``(a) Demonstration Program Authority.-- + ``(1) In general.--The Secretary is authorized to carry out + an Early Federal Pell Grant Commitment Demonstration Program + under which-- + ``(A) the Secretary awards grants to 4 State + educational agencies, in accordance with paragraph (2), + to pay the administrative expenses incurred in + participating in the demonstration program under this + section; and + ``(B) the Secretary awards Federal Pell Grants to + participating students in accordance with this section. + ``(2) Grants.-- + ``(A) In general.--From amounts appropriated under + subsection (g) for a fiscal year, the Secretary is + authorized to award grants to 4 State educational + agencies to enable the State educational agencies to + pay the administrative expenses incurred in + participating in a demonstration program under which + students in 8th grade who are eligible for a free or + reduced price meal receive a commitment to receive a + Federal Pell Grant early in their academic careers. + ``(B) Equal amounts.--The Secretary shall award + grants under this section in equal amounts to each of + the 4 participating State educational agencies. + ``(b) Demonstration Project Requirements.--Each of the 4 +demonstration projects assisted under this section shall meet the +following requirements: + ``(1) Participants.-- + ``(A) In general.--The State educational agency + shall make participation in the demonstration project + available to 2 cohorts of students, which shall consist + of-- + ``(i) 1 cohort of 8th grade students who + begin the participation in academic year 2007- + 2008; and + ``(ii) 1 cohort of 8th grade students who + begin the participation in academic year 2008- + 2009. + ``(B) Students in each cohort.--Each cohort of + students shall consist of not more than 10,000 8th + grade students who qualify for a free or reduced price + meal under the Richard B. Russell National School Lunch + Act or the Child Nutrition Act of 1966. + ``(2) Student data.--The State educational agency shall + ensure that student data from local educational agencies + serving students who participate in the demonstration project, + as well as student data from local educational agencies serving + a comparable group of students who do not participate in the + demonstration project, are available for evaluation of the + demonstration project. + ``(3) Federal pell grant commitment.--Each student who + participates in the demonstration project receives a commitment + from the Secretary to receive a Federal Pell Grant during the + first academic year that student is in attendance at an + institution of higher education as an undergraduate, if the + student applies for Federal financial aid (via the FAFSA) + during the student's senior year of secondary school and during + succeeding years. + ``(4) Applicability of federal pell grant requirements.-- + The requirements of section 401 shall apply to Federal Pell + Grants awarded pursuant to this section, except that the amount + of each participating student's Federal Pell Grant only shall + be calculated by deeming such student to have an expected + family contribution equal to zero. + ``(5) Application process.--The Secretary shall establish + an application process to select State educational agencies to + participate in the demonstration program and State educational + agencies shall establish an application process to select local + educational agencies within the State to participate in the + demonstration project. + ``(6) Local educational agency participation.--Subject to + the 10,000 statewide student limitation described in paragraph + (1), a local educational agency serving students, not less than + 50 percent of whom are eligible for a free or reduced price + meal under the Richard B. Russell National School Lunch Act or + the Child Nutritional Act of 1966, shall be eligible to + participate in the demonstration project. + ``(c) State Educational Agency Applications.-- + ``(1) In general.--Each State educational agency desiring + to participate in the demonstration program under this section + shall submit an application to the Secretary at such time and + in such manner as the Secretary may require. + ``(2) Contents.--Each application shall include-- + ``(A) a description of the proposed targeted + information campaign for the demonstration project and + a copy of the plan described in subsection (f)(2); + ``(B) a description of the student population that + will receive an early commitment to receive a Federal + Pell Grant under this section; + ``(C) an assurance that the State educational + agency will fully cooperate with the ongoing evaluation + of the demonstration project; and + ``(D) such other information as the Secretary may + require. + ``(d) Selection Considerations.-- + ``(1) Selection of state educational agencies.--In + selecting State educational agencies to participate in the + demonstration program, the Secretary shall consider-- + ``(A) the number and quality of State educational + agency applications received; + ``(B) the Department's capacity to oversee and + monitor each State educational agency's participation + in the demonstration program; + ``(C) a State educational agency's-- + ``(i) financial responsibility; + ``(ii) administrative capability; + ``(iii) commitment to focusing State + resources, in addition to any resources + provided under part A of title I of the + Elementary and Secondary Education Act of 1965, + on students who receive assistance under such + part A; + ``(iv) the ability and plans of a State + educational agency to run an effective and + thorough targeted information campaign for + students served by local educational agencies + eligible to participate in the demonstration + project; and + ``(v) ensuring the participation in the + demonstration program of a diverse group of + students with respect to ethnicity and gender. + ``(2) Local educational agency.--In selecting local + educational agencies to participate in a demonstration project + under this section, the State educational agency shall + consider-- + ``(A) the number and quality of local educational + agency applications received; + ``(B) the State educational agency's capacity to + oversee and monitor each local educational agency's + participation in the demonstration project; + ``(C) a local educational agency's-- + ``(i) financial responsibility; + ``(ii) administrative capability; + ``(iii) commitment to focusing local + resources, in addition to any resources + provided under part A of title I of the + Elementary and Secondary Education Act of 1965, + on students who receive assistance under such + part A; + ``(iv) the ability and plans of a local + educational agency to run an effective and + thorough targeted information campaign for + students served by the local educational + agency; and + ``(v) ensuring the participation in the + demonstration project of a diverse group of + students with respect to ethnicity and gender. + ``(e) Evaluation.-- + ``(1) In general.--From amounts appropriated under section + (g) for a fiscal year, the Secretary shall reserve not more + than $1,000,000 to award a grant or contract to an organization + outside the Department for an independent evaluation of the + impact of the demonstration program assisted under this + section. + ``(2) Competitive basis.--The grant or contract shall be + awarded on a competitive basis. + ``(3) Matters evaluated.--The evaluation described in this + subsection shall-- + ``(A) determine the number of individuals who were + encouraged by the demonstration program to pursue + higher education; + ``(B) identify the barriers to the effectiveness of + the demonstration program; + ``(C) assess the cost-effectiveness of the + demonstration program in improving access to higher + education; + ``(D) identify the reasons why participants in the + demonstration program either received or did not + receive a Federal Pell Grant; + ``(E) identify intermediate outcomes (relative to + postsecondary education attendance), such as whether + participants-- + ``(i) were more likely to take a college- + prep curriculum while in secondary school; + ``(ii) submitted any college applications; + and + ``(iii) took the PSAT, SAT, or ACT; + ``(F) identify the number of individuals + participating in the demonstration program who pursued + an associate's degree or a bachelor's degree, as well + as other forms of postsecondary education; + ``(G) compare the findings of the demonstration + program with respect to participants to comparison + groups (of similar size and demographics) that did not + participate in the demonstration program; and + ``(H) identify the impact on the parents of + students eligible to participate in the demonstration + program. + ``(4) Dissemination.--The findings of the evaluation shall + be widely disseminated to the public by the organization + conducting the evaluation as well as by the Secretary. + ``(f) Targeted Information Campaign.-- + ``(1) In general.--Each State educational agency receiving + a grant under this section shall, in cooperation with the + participating local educational agencies within the State and + the Secretary, develop a targeted information campaign for the + demonstration program assisted under this section. + ``(2) Plan.--Each State educational agency receiving a + grant under this section shall include in the application + submitted under subsection (c) a written plan for their + proposed targeted information campaign. The plan shall include + the following: + ``(A) Outreach.--Outreach to students and their + families, at a minimum, at the beginning and end of + each academic year of the demonstration project. + ``(B) Distribution.--How the State educational + agency plans to provide the outreach described in + subparagraph (A) and to provide the information + described in subparagraph (C). + ``(C) Information.--The annual provision by the + State educational agency to all students and families + participating in the demonstration program of + information regarding-- + ``(i) the estimated statewide average + higher education institution cost data for each + academic year, which cost data shall be + disaggregated by-- + ``(I) type of institution, + including-- + ``(aa) 2-year public + colleges; + ``(bb) 4-year public + colleges; and + ``(cc) 4-year private + colleges; + ``(II) by component, including-- + ``(aa) tuition and fees; + and + ``(bb) room and board; + ``(ii) Federal Pell Grants, including-- + ``(I) the maximum Federal Pell + Grant for each academic year; + ``(II) when and how to apply for a + Federal Pell Grant; and + ``(III) what the application + process for a Federal Pell Grant + requires; + ``(iii) State-specific college savings + programs; + ``(iv) State-based merit aid; + ``(v) State-based financial aid; and + ``(vi) Federal financial aid available to + students, including eligibility criteria for + the Federal financial aid and an explanation of + the Federal financial aid programs. + ``(3) Cohorts.--The information described in paragraph + (2)(C) shall be provided to 2 cohorts of students annually for + the duration of the students' participation in the + demonstration program. The 2 cohorts shall consist of-- + ``(A) 1 cohort of 8th grade students who begin the + participation in academic year 2007-2008; and + ``(B) 1 cohort of 8th grade students who begin the + participation in academic year 2008-2009. + ``(4) Reservation.--Each State educational agency receiving + a grant under this section shall reserve $200,000 of the grant + funds received each fiscal year for each of the 2 cohorts of + students (for a total reservation of $400,000 each fiscal year) + served by the State to carry out their targeted information + campaign described in this subsection. + ``(g) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section-- + ``(1) $1,300,000 for fiscal year 2008, of which-- + ``(A) $500,000 shall be available to carry out + subsection (e); and + ``(B) $800,000 shall be available to carry out + subsection (f)(2)(C); + ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000 + shall be available to carry out subsection (f)(2)(C); + ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000 + shall be available to carry out subsection (f)(2)(C); + ``(4) $2,100,000 for fiscal year 2011, of which-- + ``(A) $500,000 shall be available to carry out + subsection (e); and + ``(B) $1,600,000 shall be available to carry out + subsection (f)(2)(C); + ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000 + shall be available to carry out subsection (f)(2)(C); + ``(6) $14,600,000 for fiscal year 2013, of which-- + ``(A) $800,000 shall be available to carry out + subsection (f)(2)(C); and + ``(B) $13,800,000 shall be available for Federal + Pell Grants provided in accordance with this section; + and + ``(7) $13,800,000 for fiscal year 2014, of which + $13,800,000 shall be available for Federal Pell Grants provided + in accordance with this section.''.","Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program. + +Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition. + +Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals. + +Calculates participating students' Pell Grants by deeming them to have no expected family contribution. + +Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education. + +Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs.",A bill to establish an establish an Early Federal Pell Grant Commitment Demonstration Program.," The Early Federal Pell Grant Commitment Demonstration Program is an initiative that aims to provide Federal Pell Grants to students in their early academic years based on their eligibility during their 8th grade. The program is designed to encourage higher education by offering financial support to students from low-income families. The program will be implemented through four state educational agencies, which will receive grants to cover administrative expenses related to the program. Each participating state will have two cohorts of students, with each cohort consisting of up to 10,000 students who qualify for free or reduced-price meals. The program will also require an application process for both state educational agencies and local educational agencies to participate in the demonstration project. An evaluation will be conducted to assess the impact of the program on students' pursuit of higher education and to identify any barriers to its effectiveness." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Energy Security Act of 2011''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Environmental Protection Agency. + (2) Council.--The term ``Council'' means the National + Energy Security Council established by section 4. + (3) National energy security program.--The term ``national + energy security program'' means the national energy security + program established by section 3. + (4) National oil independence goal.--The term ``national + oil independence goal'' means the national oil independence + goal established under section 3(c). + (5) National oil independence plan.--The term ``national + oil independence plan'' means the national oil independence + plan established under section 3(d). + +SEC. 3. NATIONAL ENERGY SECURITY PROGRAM. + + (a) Establishment.--There is established in the Executive Office of +the President the national energy security program. + (b) Mission.--The mission of the national energy security program +shall be to coordinate the activities and policies of the Federal +Government to ensure, to the maximum extent practicable, that the +United States meets-- + (1) goals for reducing oil dependence, oil imports, and oil + consumption; and + (2) other energy policy goals, including goals for-- + (A) enhancing the competitiveness of the United + States in clean energy technology; + (B) strengthening clean energy technology + manufacturing in the United States; + (C) reducing greenhouse gas emissions; and + (D) reducing hazardous pollutants. + (c) National Oil Independence Goal.-- + (1) In general.--Subject to paragraph (2), it is the goal + of the United States to reduce oil consumption by the quantity + that is equal to or greater than the quantity of oil imported + by the United States from outside of North America by calendar + year 2030 (as compared to the rate of oil consumption projected + for calendar year 2030 as of the date of enactment of this + Act). + (2) Adjustments.--The President, in consultation with the + Council-- + (A) may adjust the numeric goal for calendar year + 2030 established under paragraph (1); + (B) shall ensure that any new goal established + under subparagraph (A) represents the maximum + practicable oil savings achievable, taking into account + other benefits of reducing oil consumption (including + economic, security, and environmental benefits) and + costs or other economic effects; and + (C) if any new goal established under subparagraph + (A) is lower than the goal established under paragraph + (1), shall establish an additional goal for reducing + oil consumption in the United Sates by a quantity that + is equal to or greater than the quantity of oil + imported by the United States from outside of North + America on the fastest timeline practicable, taking + into account other benefits of reducing oil consumption + (including economic, security, and environmental + benefits) and costs or other economic effects. + (d) National Oil Independence Plan.-- + (1) In general.--The President, in coordination with the + Council and the Director of the Office of Management and + Budget, shall-- + (A) develop a national oil independence plan that + describes programs and activities that will be + implemented to meet or exceed the national oil + independence goal and other goals established pursuant + to subsection (c); + (B) submit the national oil independence plan to + Congress not later than 180 days after the date of + enactment of this Act; and + (C) submit an updated national oil independence + plan to Congress every 2 years thereafter. + (2) Review of federal policies, programs, and + authorities.--Not later than 120 days after the date of + enactment of this Act, the President, in coordination with the + Council and the Director of the Office of Management and + Budget, shall review existing programs and authorities of the + Federal Government and other applicable policies (including tax + policies) to determine-- + (A)(i) which programs, authorities, or policies + could be used to accelerate reductions in oil + dependence; and + (ii) any means by which the programs, authorities, + or policies-- + (I) could be used to maximize reductions in + oil dependence; or + (II) would require modification in order to + be used to maximize reductions in oil + dependence; and + (B)(i) which programs, authorities, or policies + have the effect of increasing oil consumption and oil + dependence or otherwise create barriers to reducing oil + consumption and oil dependence; and + (ii) the manner by which the programs, authorities, + or policies-- + (I) have the effect of encouraging oil + consumption or oil dependence or otherwise + create barriers to reducing oil consumption and + oil dependence; and + (II) could be modified or eliminated to + help meet the goal of reducing oil consumption + and oil dependence. + (3) Contents.--At a minimum, the national oil independence + plan shall-- + (A) describe the results and conclusions of the + review conducted under paragraph (2); + (B) as appropriate, include-- + (i) the use of programs, authorities, or + policies described in paragraph (2)(A); and + (ii) if existing authority allows, + proposals to modify or eliminate programs, + authorities, or policies described in paragraph + (2)(B); + (C) include recommendations to Congress for + legislation that would further-- + (i) promote reductions in oil consumption + and oil dependence; + (ii) reduce barriers to reducing oil + consumption and oil dependence; and + (iii) help meet the energy policy goals of + the United States; + (D) include a timetable for achieving the national + oil independence goal, including interim targets on not + less than a biennial basis; + (E) a plan for coordinating actions across the + Federal Government to ensure, to the maximum extent + practicable, that the national oil independence goal is + met; and + (F) a timeline for issuing rules, Executive orders, + or other policy instruments that will implement the + recommendations contained the national oil independence + plan. + (e) Annual Requests to Congress.--When submitting annual budget +requests to Congress, the President shall include-- + (1)(A) requests for sufficient funding for such programs + the President considers appropriate to implement the national + oil independence plan; and + (B) if the amount of funding is not sufficient to meet the + national oil independence goal, a description of the amount of + funding that would be necessary to meet the goal; + (2)(A) requests for such additional authorities or changes + to existing laws or authorities as the President considers + appropriate in order to implement the national oil independence + plan; and + (B) if the amount of funding is not sufficient to meet the + national oil independence goal, a description of such + additional authority or changes to existing laws or authorities + as would be necessary to meet the goal; and + (3) a report on the oil consumption and imports of the + United States relative to the national oil independence goal + and the interim targets and timelines established in the + national oil independence plan. + +SEC. 4. NATIONAL ENERGY SECURITY COUNCIL. + + (a) Establishment.--There is established in the Executive Office of +the President a National Energy Security Council. + (b) Mission.--The mission of the Council shall be to assist and +advise the President in-- + (1) establishing the national oil independence goal in + numeric terms of barrels per day of oil consumption, based on + the most recent consumption estimates by the Energy Information + Administration; + (2) meeting the national oil independence goal; + (3) developing the national oil independence plan and the + requests described in section 3(e); + (4) coordinating the policies, programs, and activities of + the national energy security program in order to implement the + national oil independence plan and meet the national oil + independence goal; and + (5) ensuring that policy decisions and programs are + consistent with the energy policy goals of the United States. + (c) Membership.--The membership of the Council shall consist of-- + (1) the Secretary of Energy; + (2) the Assistant to the President for National Security + Affairs; + (3) the Secretary of Transportation; + (4) the Administrator; + (5) the Secretary of the Treasury; + (6) the Director of the National Economic Council; + (7) the Secretary of Agriculture; + (8) the Chair of the Council on Environmental Quality; + (9) the Secretary of State; and + (10) the Director of the Office of Science and Technology + Policy. + (d) Chair.--The President shall act as Chair of the Council. + (e) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section such sums as are necessary.","Energy Security Act of 2011 - Establishes in the Executive Office of the President the national energy security program to coordinate federal government activities and policies to ensure that the United States meets goals for reducing oil dependence, oil imports, and oil consumption as well as other energy policy goals. + +Declares it is the goal of the United States to reduce oil consumption by 2030 by an amount equal to or greater than the quantity of oil imported from outside of North America. + +Directs the President, in coordination with the National Energy Security Council (established by this Act) and the Director of the Office of Management and Budget (OMB), to develop a national oil independence plan, which shall be updated biennially. + +Directs the President to review existing federal programs and authorities (including tax policies) to determine: (1) which of them could be used to accelerate reductions in oil dependence, and (2) the means to maximize such reductions. + +Establishes in the Executive Office of the President the National Energy Security Council.","A bill to promote the oil independence of the United States, and for other purposes."," The Energy Security Act of 2011 establishes a national energy security program to coordinate federal activities and policies to reduce oil dependence, oil imports, and oil consumption. It sets a goal for the United States to reduce oil consumption by the quantity equal to or greater than the quantity of oil imported by the country from outside North America by 2030. The President must develop a national oil independence plan to meet or exceed this goal and other energy policy goals. The National Energy Security Council is established to assist and advise the President on establishing the national oil independence goal, developing the national oil independence plan, coordinating policies, programs, and activities related to the national energy security program, and ensuring policy decisions and programs are consistent with U.S. energy policy goals." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Freedom from Equifax Exploitation +Act''. + +SEC. 2. DEFINITION OF CREDIT FREEZE. + + Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. +1681a(q)) is amended by adding at the end the following: + ``(6) Credit freeze.-- + ``(A) In general.--The term `credit freeze' means a + restriction placed at the request of a consumer or a + personal representative of the consumer, on the + consumer report of the consumer, that prohibits a + consumer reporting agency from releasing the consumer + report for a purpose relating to the extension of + credit without the express authorization of the + consumer. + ``(B) Exception.--A credit freeze shall not apply + to the use of a consumer report by any of the + following: + ``(i) A person, or the subsidiary, + affiliate, agent, subcontractor, or assignee of + the person, with whom the consumer has, or + prior to assignment had, an account, contract, + or debtor-creditor relationship for the + purposes of reviewing the active account or + collecting the financial obligation owed on the + account, contract, or debt. + ``(ii) A person, or the subsidiary, + affiliate, agent, subcontractor, or assignee of + the person, to whom access has been granted + pursuant to a request by the consumer described + under section 605A(i)(1)(B), for purposes of + facilitating the extension of credit or other + permissible use. + ``(iii) Any person acting pursuant to a + court order, warrant, or subpoena. + ``(iv) A Federal, State, or local + government, or an agent or assignee thereof. + ``(v) Any person for the sole purpose of + providing a credit monitoring or identity theft + protection service to which the consumer has + subscribed. + ``(vi) Any person for the purpose of + providing a consumer with a copy of the + consumer report or credit score of the consumer + upon request by the consumer. + ``(vii) Any person or entity for insurance + purposes, including use in setting or adjusting + a rate, adjusting a claim, or underwriting. + ``(viii) Any person acting pursuant to an + authorization from a consumer to use their + consumer report for employment purposes.''. + +SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS. + + Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) +is amended-- + (1) in subsection (a)-- + (A) in the subsection heading, by striking ``One- + Call'' and inserting ``One-Year''; + (B) in paragraph (1)-- + (i) in the paragraph heading, by striking + ``Initial alerts'' and inserting ``In + general''; + (ii) in the matter preceding subparagraph + (A), by inserting ``or harmed by the + unauthorized disclosure of the financial or + personally identifiable information of the + consumer,'' after ``identity theft,''; + (iii) in subparagraph (A)-- + (I) by striking ``90 days'' and + inserting ``1 year''; and + (II) by striking ``and'' at the + end; + (iv) in subparagraph (B)-- + (I) by inserting ``1-year'' before + ``fraud alert''; and + (II) by striking the period at the + end and inserting ``; and''; and + (v) by adding at the end the following: + ``(C) upon the expiration of the 1-year period + described in subparagraph (A) or a subsequent 1-year + period, and in response to a direct request by the + consumer or such representative, continue the fraud + alert for an additional period of 1 year if the + information asserted in this paragraph remains + applicable.''; and + (C) in paragraph (2)-- + (i) in the matter preceding subparagraph + (A), by inserting ``1-year'' before ``fraud + alert''; and + (ii) in subparagraph (B), by striking ``any + request described in subparagraph (A)'' and + inserting ``the consumer reporting agency + includes the 1-year fraud alert in the file of + the consumer''; + (2) in subsection (b)-- + (A) in the subsection heading, by striking + ``Extended'' and inserting ``Seven-Year''; + (B) in paragraph (1)-- + (i) in subparagraph (B)-- + (I) by striking ``5-year period + beginning on the date of such request'' + and inserting ``the 7-year period + described in subparagraph (A)''; and + (II) by striking ``and'' at the + end; + (ii) in subparagraph (C)-- + (I) by striking ``extended'' and + inserting ``7-year''; and + (II) by striking the period at the + end and inserting ``; and''; and + (iii) by adding at the end the following: + ``(D) upon the expiration of the 7-year period + described in subparagraph (A) or a subsequent 7-year + period, and in response to a direct request by the + consumer or such representative, continue the fraud + alert for an additional period of 7 years if the + consumer or such representative submits an updated + identity theft report.''; and + (C) in paragraph (2), by amending subparagraph (A) + to read as follows: + ``(A) disclose to the consumer that the consumer + may request a free copy of the file of the consumer + pursuant to section 612(d) during each 12-month period + beginning on the date on which the 7-year fraud alert + was included in the file and ending on the date of the + last day that the 7-year fraud alert applies to the + file of the consumer; and''; + (3) in subsection (c)-- + (A) by redesignating paragraphs (1), (2), and (3), + as subparagraphs (A), (B), and (C), respectively, and + adjusting the margins accordingly; + (B) in the matter preceding subparagraph (A), as so + redesignated, by striking ``Upon the direct request'' + and inserting the following: + ``(1) In general.--Upon the direct request''; and + (C) by adding at the end the following: + ``(2) Access to free reports.--If a consumer reporting + agency includes an active duty alert in the file of an active + duty military consumer, the consumer reporting agency shall-- + ``(A) disclose to the active duty military consumer + that the active duty military consumer may request a + free copy of the file of the active duty military + consumer pursuant to section 612(d), during each 12- + month period beginning on the date on which the + activity duty military alert is requested and ending on + the date of the last day that the active duty alert + applies to the file of the active duty military + consumer; and + ``(B) not later than 3 business days after the date + on which the active duty military consumer makes a + request described in subparagraph (A), provide to the + active duty military consumer all disclosures required + to be made under section 609, without charge to the + active duty military consumer.''; + (4) by amending subsection (d) to read as follows: + ``(d) Procedures.--Each consumer reporting agency described in +section 603(p) shall establish and make available to the public on the +Internet website of the consumer reporting agency policies and +procedures to comply with this section, including policies and +procedures-- + ``(1) that inform consumers of the availability of 1-year + fraud alerts, 7-year fraud alerts, active duty alerts, and + credit freezes, as applicable; + ``(2) that allow consumers to request 1-year fraud alerts, + 7-year fraud alerts, and active duty alerts, as applicable, and + to place, temporarily lift, or fully remove a credit freeze in + a simple and easy manner; and + ``(3) for asserting in good faith a suspicion that the + consumer has been or is about to become a victim of identity + theft, fraud, or a related crime, or harmed by the unauthorized + disclosure of the financial or personally identifiable + information of the consumer, for a consumer seeking a 1-year + fraud alert or credit freeze.''; + (5) in subsection (e), in the matter preceding paragraph + (1), by inserting ``1-year or 7-year'' before ``fraud alert''; + (6) in subsection (f), by striking ``or active duty alert'' + and inserting ``active duty alert, or credit freeze, as + applicable,''; + (7) in subsection (g)-- + (A) by inserting ``or has been harmed by the + unauthorized disclosure of the financial or personally + identifiable information of the consumer,'' after + ``identity theft,''; and + (B) by inserting ``or credit freezes'' after + ``request alerts''; and + (8) in subsection (h)-- + (A) in paragraph (1)-- + (i) in the paragraph heading, by striking + ``initial'' and inserting ``1-year''; + (ii) in subparagraph (A), by striking + ``initial'' and inserting ``1-year''; and + (iii) in subparagraph (B)(i), by striking + ``an initial'' and inserting ``a 1-year''; and + (B) in paragraph (2)-- + (i) in the paragraph heading, by striking + ``extended'' and inserting ``7-year''; + (ii) in subparagraph (A), in the matter + preceding clause (i), by striking ``extended'' + and inserting ``7-year''; and + (iii) in subparagraph (B), by striking ``an + extended'' and inserting ``a 7-year''. + +SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES. + + Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) +is amended by adding at the end the following: + ``(i) Credit Freezes.-- + ``(1) In general.--Upon the direct request of a consumer, + or an individual acting on behalf of or as a personal + representative of a consumer, a consumer reporting agency that + maintains a file on the consumer and has received appropriate + proof of the identity of the requester (as described in section + 1022.123 of title 12, Code of Federal Regulations, or any + successor thereto) shall-- + ``(A)(i) not later than 1 business day after + receiving the request sent by postal mail, toll-free + telephone, or secure electronic means as established by + the agency, place a credit freeze on the file of the + consumer; + ``(ii) not later than 5 business days after placing + a credit freeze described in clause (i), provide the + consumer with written confirmation of the credit freeze + and a unique personal identification number or password + (other than the social security number of the consumer) + for use to authorize the release of the file of the + consumer for a specific period of time; and + ``(iii) disclose all relevant information to the + consumer relating to the procedures for temporarily + lifting and fully removing a credit freeze, including a + statement about the maximum amount of time given to an + agency to conduct those actions; + ``(B) if the consumer provides a correct personal + identification number or password, temporarily lift an + existing credit freeze from the file of the consumer + for a period of time specified by the consumer for a + specific user or category of users, as determined by + the consumer-- + ``(i) not later than 1 business day after + receiving the request by postal mail; or + ``(ii) not later than 15 minutes after + receiving the request by toll-free telephone + number or secure electronic means established + by the agency, if the request is received + during regular business hours, except if the + ability of the consumer reporting agency to + temporarily lift the credit freeze is prevented + by-- + ``(I) an act of God, including + earthquakes, hurricanes, storms, or + similar natural disaster or phenomenon, + or fire; + ``(II) unauthorized or illegal acts + by a third party including terrorism, + sabotage, riot, vandalism, labor + strikes or disputes disrupting + operations, or a similar occurrence; + ``(III) an operational + interruption, including electrical + failure, unanticipated delay in + equipment or replacement part delivery, + computer hardware or software failures + inhibiting response time, or a similar + disruption; + ``(IV) governmental action, + including emergency orders or + regulations, judicial or law + enforcement action, or a similar + directive; + ``(V) regularly scheduled + maintenance or updates to the systems + of the consumer reporting agency + occurring outside of normal business + hours; or + ``(VI) commercially reasonable + maintenance of, or repair to, the + systems of the consumer reporting + agency that is unexpected or + unscheduled; or + ``(C) if the consumer provides a correct personal + identification number or password, fully remove an + existing credit freeze from the file of the consumer + not later than 21 business days after receiving the + request by postal mail, toll-free telephone, or secure + electronic means established by the consumer reporting + agency. + ``(2) No fee.--A consumer reporting agency may not charge a + consumer a fee to place, temporarily lift, or fully remove a + credit freeze. + ``(3) Exclusion from third-party lists.--During the period + beginning on the date on which a consumer or a representative + of the consumer requests to place a credit freeze and ending + the date on which the consumer or representative requests to + fully remove a credit freeze, a consumer reporting agency shall + exclude the consumer from any list of consumers prepared by the + consumer reporting agency and provided to any third party to + offer credit or insurance to the consumer as part of a + transaction that was not initiated by the consumer, unless the + consumer or that representative requests that the exclusion be + rescinded before end of the period.''. + +SEC. 5. ADDITIONAL FREE CONSUMER REPORT. + + Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is +amended-- + (1) in subsection (f)(1), in the matter preceding + subparagraph (A), by inserting ``or subsection (h)'' after + ``through (d)''; and + (2) by adding at the end the following: + ``(h) Free Disclosures in Connection With Credit Freeze.--In +addition to the free annual disclosure required under subsection +(a)(1)(A), each consumer reporting agency that maintains a file on a +consumer who requests a credit freeze under section 605A(i) shall make +all disclosures pursuant to section 609 once during any 12-month period +without charge to the consumer if the consumer makes a request under +section 609.''. + +SEC. 6. REFUNDS. + + (a) Definitions.--In this section, the terms ``consumer'', +``consumer reporting agency'', and ``credit freeze'' have the meanings +given those terms in section 603 of the Fair Credit Reporting Act (15 +U.S.C. 1681a), as amended by section 2. + (b) Refunds.--With respect to any consumer who requested a credit +freeze from a consumer reporting agency during the period beginning on +September 7, 2017, and ending on the day before the date of enactment +of this Act, the consumer reporting agency-- + (1) shall issue a refund to the consumer for any fees + charged to the consumer relating to the request for a credit + freeze; and + (2) may not impose a fee on the consumer to temporarily + lift or fully remove the credit freeze.","Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill. ",Freedom from Equifax Exploitation Act," The ""Freedom from Equifax Exploitation Act"" amends the Fair Credit Reporting Act to define a credit freeze as a restriction placed on a consumer report that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. The Act enhances fraud alert protections by extending the duration of fraud alerts from 90 days to one year for initial alerts and seven years for extended alerts. Consumers can request an additional one-year extension if their information remains applicable. The Act also provides free access to credit freezes upon request and prohibits consumer reporting agencies from charging fees for placing, temporarily lifting, or fully removing credit freezes. Additionally, it requires agencies to exclude consumers from third-party lists during the credit freeze period unless requested otherwise by the consumer or their representative." +"SECTION 1. FINDINGS. + + The Congress finds as follows: + (1) The over reliance of the United States on imported + petroleum creates a major strategic vulnerability for the + Nation, with nearly half of the energy supply of the United + States dependent on foreign sources. + (2) From the economically damaging Arab oil embargoes of + 1973-74 and 1979 to the recession precipitated by rising oil + prices which began in 1999, to the stock market's instability + in early 2005 due to the cost of imported oil at near record + highs of $55 per barrel, the economic stability of the United + States has too often been shaken by economic forces outside its + borders. + (3) Increasing fuel prices have been a particular hardship + on small, independent businesses particularly truckers and + farmers, who have no choice but to pay ever-increasing fuel + bills while absorbing these higher costs in today's economic + environment. + (4) This Act would help shift America's dependence away + from foreign petroleum as an energy source toward alternative, + renewable, domestic agricultural sources. Its aim is to convert + the current petroleum trade deficit to a trade balance by + replacing foreign sources of supply with steady increases of + biobased fuels through domestic production. + (5) Today, there are nearly 140,000,000 cars and 85,000,000 + trucks on our highways. Of this amount, approximately 3,300,000 + cars and trucks already on our highways will run on 85 percent + ethanol (E-85), and this number is increasing. For the 2005 + model year, there are 20 different models of vehicles capable + of running on E-85. Yet given this market, the alternative fuel + is used less than 1 percent of the time given that of the more + than 187,000 retail locations selling motor fuel in the United + States, only 400 stations across 38 States sell E-85. + (6) Biodiesel production is also dramatically increasing, + going from 5,000,000 gallons in 2001 to nearly 25,000,000 + gallons in 2003. Daimler-Chrysler has also announced its + intentions to initially fuel the Diesel Jeep Liberty with a 5 + percent biodiesel blend, the first time a vehicle has been + explicitly fueled with an alternative fuel as it rolls off the + production line. + (7) Currently the United States annually consumes about + 7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of + vehicle fuels and 5,600,00,000 gallons of heating oil.) In + 2002, 62 percent of these fuels were imported, part of a total + $358,200,000,000 trade deficit with the rest of the world. + Since 1983, the United States importation of petroleum and its + derivatives has more than tripled, rising from 1,215,225,000 + barrels in 1983 to 4,476,501,000 barrels in 2003. + (8) Further Strategic Petroleum Reserve policy should + encourage domestic production to the greatest extent possible. + Currently, the Strategic Petroleum Reserve holds 670,700,000 + barrels (out of a potential 727,000,000 barrels), sufficient to + cushion the United States from wild price swings for a period + of 53 days. None of the fuel in this Reserve is bio-based. In + fact, 92.2 percent of the Strategic Petroleum Reserve has been + purchased from foreign sources--41.9 percent from Mexico, 24 + percent from the United Kingdom, and over 20 percent from OPEC + nations. + (9) Strategic Petroleum Reserve policy also should + encourage the development of alternatives to the Nation's + reliance on petroleum such as biomass fuels. + (10) As a first step in diversification, the Strategic + Petroleum Reserve should exchange 2,100,000 barrels from our + current reserves for 32,000,000 gallons of ethanol and + biodiesel, which could comprise less than 2 percent of the + United States market, but yield a doubling of ethanol products. + (11) The benefits of biofuels are as follows: + (A) Energy security.-- + (i) Biofuels hold potential to address our + dependence on foreign energy sources + immediately. With agricultural surpluses, + commodity prices have reached record lows; + concurrently world petroleum prices have + reached record highs and are expected to + continue rising as global petroleum reserves + are drawn down over the next 25 years. It also + is clear that economic conditions are favorable + to utilize domestic surpluses of biobased oils + to enhance the Nation's energy security. + (ii) In the short term, biofuels can supply + at least one-fifth of current United States + fuel demand using existing technologies and + capabilities. Additional plant research, newer + processing and distribution technologies, and + placing additional acres under cultivation can + yield even greater results. + (iii) Biofuels can be used with existing + petroleum infrastructure and conventional + equipment. + (B) Economic security.-- + (i) Continued dependence upon imported + sources of oil means our Nation is + strategically vulnerable to disruptions in our + oil supply. + (ii) Renewable biofuels domestically + produced directly replace imported oil. + (iii) Increased use of renewable biofuels + would result in significant economic benefits + to rural and urban areas and also reduce the + trade deficit. + (iv) According to the Department of + Agriculture, a sustained annual market of + 100,000,000 gallons of biodiesel alone would + result in $170,000,000 in increased income to + farmers. + (v) Farmer-owned biofuels production has + already resulted in improved income for + farmers, as evidenced by the experience with + State-supported rural development efforts in + Minnesota where prices to corn producers have + been increased by $1.00 per bushel. With the + Department of Agriculture having forecast + prices of $2.10 per bushel of corn for the + 2004-2005 marketing year, the portion of the + corn crop that goes for ethanol has a farm + value of $2,100,000,000. + (C) Environmental security.-- + (i) The use of grain-based ethanol reduces + greenhouse gas emissions from 35 to 46 percent + compared with conventional gasoline. Biomass + ethanol provides an even greater reduction. + (ii) The American Lung Association of + Metropolitan Chicago credits ethanol-blended + reformulated gasoline with reducing smog- + forming emissions by 25 percent since 1990. + (iii) Ethanol reduces tailpipe carbon + monoxide emissions by as much as 30 percent. + (iv) Ethanol reduces exhaust volatile + organic compounds emissions by 12 percent. + (v) Ethanol reduces toxic emissions by 30 + percent. + (vi) Ethanol reduces particulate emissions, + especially fine-particulates that pose a health + threat to children, senior citizens, and those + with respiratory ailments. + (vii) Biodiesel contains no sulfur or + aromatics associated with air pollution. + (viii) The use of biodiesel provides a 78.5 + percent reduction in CO<INF>2</INF> emissions + compared to petroleum diesel and when burned in + a conventional engine provides a substantial + reduction of unburned hydrocarbons, carbon + monoxide, and particulate matter. + +SEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS. + + Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as +follows: + (1) By redesignating subsection (o) as subsection (q). + (2) By inserting after subsection (n) the following: + ``(o) Renewable Fuel Program-- + ``(1) Definitions.--In this section: + ``(A) Ethanol.--The term `ethanol' means ethanol + derived from any lignocellulosic or hemicellulosic + matter that is available on a renewable or recurring + basis, including dedicated energy crops and trees, wood + and wood residues, plants, grasses, agricultural + residues, and fibers. The term includes ethanol derived + from animal wastes, including poultry fats and poultry + wastes, and other waste materials, or municipal solid + waste. + ``(B) Biodiesel.--The term `biodiesel'has the same + meaning as when used in section 312(f) of the Energy + Policy Act of 1992 (42 U.S.C. 13220(f)). + ``(2) Renewable fuel program.--Not later than 1 year after + the enactment of this subsection, the Administrator shall + promulgate regulations ensuring that, after December 31, 2010, + all gasoline or diesel motor vehicle fuel sold or dispensed to + consumers in the contiguous United States, on an annual average + basis, contains not less than 10 percent ethanol, in the case + of gasoline, and not less than 5 percent biodiesel, in the case + of diesel fuel.''.","Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol (in the case of gasoline) and not less than five percent biodiesel (in the case of diesel fuel).","To amend the Clean Air Act to require that, after the year 2010, all gasoline sold in the United States for motor vehicles contain not less than 10 percent ethanol and that all diesel fuel sold in the United States for motor vehicles contain not less than 5 percent biodiesel, and for other purposes."," The Congress finds that the United States' reliance on imported petroleum creates a major strategic vulnerability, with nearly half of the energy supply dependent on foreign sources. This has led to economic instability due to factors such as the Arab oil embargoes of 1973-74, rising oil prices, and stock market instability. Small businesses have been particularly hard hit by increasing fuel prices. To address this issue, the Act aims to shift America's dependence away from foreign petroleum towards alternative, renewable domestic agricultural sources. This would convert the current petroleum trade deficit to a trade balance by increasing biobased fuel production through domestic production. Biodiesel production has dramatically increased, with nearly 25 million gallons produced in 2003 compared to 5 million gallons in 2001. The United States annually consumes about 7.2 billion barrels of petroleum, with 62% imported in 2002. The Strategic Petroleum Reserve holds 670 million barrels, with only 2% being bio-based. The benefits of biofuels include energy security, economic security, and environmental security. Ethanol reduces greenhouse gas emissions by 35-46%, reduces smog-forming emissions by 25%, and reduces toxic emissions by 30%. Biodiesel contains no sulfur or aromatics associated with air pollution and reduces CO2 emissions by 78.5%." +"SECTION 1. DEDUCTION FOR STUDENT LOAN PAYMENTS BY MEDICAL PROFESSIONALS + PRACTICING IN RURAL AREAS. + + (a) Interest on Student Loans Not Treated as Personal Interest.-- +Section 163(h)(2) of the Internal Revenue Code of 1986 (defining +personal interest) is amended by striking ``and'' at the end of +subparagraph (D), by striking the period at the end of subparagraph (E) +and inserting ``, and'', and by adding at the end thereof the following +new subparagraph: + ``(F) any qualified medical education interest (within the + meaning of subsection (k)).''. + (b) Qualified Medical Education Interest Defined.--Section 163 of +the Internal Revenue Code of 1986 (relating to interest expenses) is +amended by redesignating subsection (k) as subsection (l) and by +inserting after subsection (j) the following new subsection: + ``(k) Qualified Medical Education Interest of Medical Professionals +Practicing in Rural Areas.-- + ``(1) In general.--For purposes of subsection (h)(2)(F), + the term `qualified medical education interest' means an amount + which bears the same ratio to the interest paid on qualified + educational loans during the taxable year by an individual + performing services under a qualified rural medical practice + agreement as-- + ``(A) the number of months during the taxable year + during which such services were performed, bears to + ``(B) the number of months in the taxable year. + ``(2) Dollar limitation.--The aggregate amount which may be + treated as qualified medical education interest for any taxable + year with respect to any individual shall not exceed $5,000. + ``(3) Qualified rural medical practice agreement.--For + purposes of this subsection-- + ``(A) In general.--The term `qualified rural + medical practice agreement' means a written agreement + between an individual and an applicable rural community + under which the individual agrees-- + ``(i) in the case of a medical doctor, upon + completion of the individual's residency (or + internship if no residency is required), or + ``(ii) in the case of a registered nurse, + nurse practitioner, or physician's assistant, + upon completion of the education to which the + qualified education loan relates, + to perform full-time services as such a medical + professional in the applicable rural community for a + period of 24 consecutive months. An individual and an + applicable rural community may elect to have the + agreement apply for 36 consecutive months rather than + 24 months. + ``(B) Special rule for computing periods.--An + individual shall be treated as meeting the 24 or 36 + consecutive month requirement under subparagraph (A) + if, during each 12-consecutive month period within + either such period, the individual performs full-time + services as a medical doctor, registered nurse, nurse + practitioner, or physician's assistant, whichever + applies, in the applicable rural community during 9 of + the months in such 12-consecutive month period. For + purposes of this subsection, an individual meeting the + requirements of the preceding sentence shall be treated + as performing services during the entire 12-month + period. + ``(C) Applicable rural community.--The term + `applicable rural community' means-- + ``(i) any political subdivision of a State + which-- + ``(I) has a population of 5,000 or + less, and + ``(II) has a per capita income of + $15,000 or less, or + ``(ii) an Indian reservation which has a + per capita income of $15,000 or less. + ``(4) Qualified educational loan.--The term `qualified + educational loan' means any indebtedness to pay qualified + tuition and related expenses (within the meaning of section + 117(b)) and reasonable living expenses-- + ``(A) which are paid or incurred-- + ``(i) as a candidate for a degree as a + medical doctor at an educational institution + described in section 170(b)(1)(A)(ii), or + ``(ii) in connection with courses of + instruction at such an institution necessary + for certification as a registered nurse, nurse + practitioner, or physician's assistant, and + ``(B) which are paid or incurred within a + reasonable time before or after such indebtedness is + incurred. + ``(5) Recapture.--If an individual fails to carry out a + qualified rural medical practice agreement during any taxable + year, then-- + ``(A) no deduction with respect to such agreement + shall be allowable by reason of subsection (h)(2)(F) + for such taxable year and any subsequent taxable year, + and + ``(B) there shall be included in gross income for + such taxable year the aggregate amount of the + deductions allowable under this section (by reason of + subsection (h)(2)(F)) for all preceding taxable years. + ``(6) Definitions.--For purposes of this subsection, the + terms `registered nurse', `nurse practitioner', and + `physician's assistant' have the meaning given such terms by + section 1861 of the Social Security Act.''. + (b) Deduction Allowed in Computing Adjusted Gross Income.--Section +62(a) of the Internal Revenue Code of 1986 is amended by inserting +after paragraph (14) the following new paragraph: + ``(15) Interest on student loans of rural health + professionals.--The deduction allowable by reason of section + 163(h)(2)(F) (relating to student loan payments of medical + professionals practicing in rural areas).''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 1992.","Amends the Internal Revenue Code to allow an itemized deduction for personal interest paid on an education loan by a health care professional (medical doctor, registered nurse, nurse-practitioner, or physician's assistant) performing services in a rural community or on certain Indian reservations for at least 24 consecutive months under a written agreement. Limits such deduction to $5,000. +Allows the computation of such deduction in determining adjusted gross income.",A bill to amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid by a health care professional as interest on student loans if the professional agrees to practice medicine for at least 2 years in a rural community.," This text discusses amendments to the Internal Revenue Code of 1986 to provide deductions for student loan payments made by medical professionals practicing in rural areas. The amendments define ""qualified medical education interest"" as an amount that bears the same ratio to the interest paid on qualified educational loans during the taxable year by an individual performing services under a qualified rural medical practice agreement. The aggregate amount that may be treated as qualified medical education interest for any taxable year is limited to $5,000. A qualified rural medical practice agreement is defined as a written agreement between an individual and an applicable rural community under which the individual agrees to perform full-time services as a medical professional in the applicable rural community for a period of 24 consecutive months (or 36 months with an election). The amendments apply to taxable years beginning after December 31, 1992." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Covering People With Pre-Existing +Conditions Act of 2014''. + +SEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK + POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE- + EXISTING CONDITIONS. + + (a) State Requirement.-- + (1) In general.--Not later than January 1, 2015, each State + shall-- + (A) subject to paragraph (3), operate-- + (i) a qualified State reinsurance program + described in subsection (b); or + (ii) qualifying State high risk pool + described in subsection (c)(1); and + (B) subject to paragraph (3), apply to the + operation of such a program from State funds an amount + equivalent to the portion of State funds derived from + State premium assessments (as defined by the Secretary) + that are not otherwise used on State health care + programs. + (2) Relation to current qualified high risk pool program.-- + (A) States not operating a qualified high risk + pool.--In the case of a State that is not operating a + current section 2745 qualified high risk pool as of the + date of the enactment of this Act-- + (i) the State may only meet the requirement + of paragraph (1) through the operation of a + qualified State reinsurance program described + in subsection (b); and + (ii) the State's operation of such a + reinsurance program shall be treated, for + purposes of section 2745 of the Public Health + Service Act, as the operation of a qualified + high risk pool described in such section. + (B) State operating a qualified high risk pool.--In + the case of a State that is operating a current section + 2745 qualified high risk pool as of the date of the + enactment of this Act-- + (i) as of January 1, 2015, such a pool + shall not be treated as a qualified high risk + pool under section 2745 of the Public Health + Service Act unless the pool is a qualifying + State high risk pool described in subsection + (c)(1); and + (ii) the State may use premium assessment + funds described in paragraph (1)(B) to + transition from operation of such a pool to + operation of a qualified State reinsurance + program described in subsection (b). + (3) Application of funds.--If the program or pool operated + under paragraph (1)(A) is in strong fiscal health, as + determined in accordance with standards established by the + National Association of Insurance Commissioners and as approved + by the State Insurance Commissioner involved, the requirement + of paragraph (1)(B) shall be deemed to be met. + (b) Qualified State Reinsurance Program.-- + (1) In general.--For purposes of this section, a + ``qualified State reinsurance program'' means a program + operated by a State program that provides reinsurance for + health insurance coverage offered in the small group market in + accordance with the model for such a program established (as of + the date of the enactment of this Act). + (2) Form of program.--A qualified State reinsurance program + may provide reinsurance-- + (A) on a prospective or retrospective basis; and + (B) on a basis that protects health insurance + issuers against the annual aggregate spending of their + enrollees as well as purchase protection against + individual catastrophic costs. + (3) Satisfaction of hipaa requirement.--A qualified State + reinsurance program shall be deemed, for purposes of section + 2745 of the Public Health Service Act, to be a qualified high + risk pool under such section. + (c) Qualifying State High Risk Pool.-- + (1) In general.--A qualifying State high risk pool + described in this subsection means a current section 2745 + qualified high risk pool that meets the following requirements: + (A) The pool must provide at least two coverage + options, one of which must be a high deductible health + plan coupled with a health savings account. + (B) The pool must be funded with a stable funding + source. + (C) The pool must eliminate any waiting lists so + that all eligible residents who are seeking coverage + through the pool should be allowed to receive coverage + through the pool. + (D) The pool must allow for coverage of individuals + who, but for the 24-month disability waiting period + under section 226(b) of the Social Security Act, would + be eligible for Medicare during the period of such + waiting period. + (E) The pool must limit the pool premiums to no + more than 150 percent of the average premium for + applicable standard risk rates in that State. + (F) The pool must conduct education and outreach + initiatives so that residents and brokers understand + that the pool is available to eligible residents. + (G) The pool must provide coverage for preventive + services and disease management for chronic diseases. + (2) Verification of citizenship or alien qualification.-- + (A) In general.--Notwithstanding any other + provision of law, only citizens and nationals of the + United States shall be eligible to participate in a + qualifying State high risk pool that receives funds + under section 2745 of the Public Health Service Act or + this section. + (B) Condition of participation.--As a condition of + a State receiving such funds, the Secretary shall + require the State to certify, to the satisfaction of + the Secretary, that such State requires all applicants + for coverage in the qualifying State high risk pool to + provide satisfactory documentation of citizenship or + nationality in a manner consistent with section 1903(x) + of the Social Security Act. + (C) Records.--The Secretary shall keep sufficient + records such that a determination of citizenship or + nationality only has to be made once for any individual + under this paragraph. + (3) Relation to section 2745.--As of January 1, 2015, a + pool shall not qualify as qualified high risk pool under + section 2745 of the Public Health Service Act unless the pool + is a qualifying State high risk pool described in paragraph + (1). + (d) Waivers.--In order to accommodate new and innovative programs, +the Secretary may waive such requirements of this section for qualified +State reinsurance programs and for qualifying State high risk pools as +the Secretary deems appropriate. + (e) Funding.--In addition to any other amounts appropriated, there +is appropriated to carry out section 2745 of the Public Health Service +Act (including through a program or pool described in subsection +(a)(1))-- + (1) $15,000,000,000 for the period of fiscal years 2015 + through 2024; and + (2) an additional $10,000,000,000 for the period of fiscal + years 2020 through 2024. + (f) Definitions.--In this section: + (1) Health insurance coverage; health insurance issuer.-- + The terms ``health insurance coverage'' and ``health insurance + issuer'' have the meanings given such terms in section 2791 of + the Public Health Service Act. + (2) Current section 2745 qualified high risk pool.--The + term ``current section 2745 qualified high risk pool'' has the + meaning given the term ``qualified high risk pool'' under + section 2745(g) of the Public Health Service Act as in effect + as of the date of the enactment of this Act. + (3) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + (4) Standard risk rate.--The term ``standard risk rate'' + means a rate that-- + (A) is determined under the State high risk pool by + considering the premium rates charged by other health + insurance issuers offering health insurance coverage to + individuals in the insurance market served; + (B) is established using reasonable actuarial + techniques; and + (C) reflects anticipated claims experience and + expenses for the coverage involved. + (5) State.--The term ``State'' means any of the 50 States + or the District of Columbia.",Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool. ,Covering People With Pre-Existing Conditions Act of 2014," The Covering People With Pre-Existing Conditions Act of 2014 aims to establish universal access programs to improve high-risk pools and reinsurance markets for individuals with pre-existing conditions. Each state is required to operate either a qualified State reinsurance program or a qualifying State high risk pool by January 1, 2015. Funds from State health care programs can be used for these programs. A qualified State reinsurance program provides reinsurance for health insurance coverage offered in the small group market, while a qualifying State high risk pool must meet specific requirements such as providing at least two coverage options, having a stable funding source, eliminating waiting lists, allowing coverage for certain individuals, limiting pool premiums, conducting education and outreach initiatives, and providing coverage for preventive services and disease management for chronic diseases. The Secretary of Health and Human Services may waive requirements for these programs as needed. Funding is appropriated for these programs for fiscal years 2015 through 2024 and an additional amount for fiscal years 2020 through 2024." +"SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED + BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS + PROGRAM. + + (a) Demonstration Project.--(1) Chapter 55 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 1107. Health care coverage through Federal Employees Health + Benefits program: demonstration project + ``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2), +the Secretary of Defense, after consulting with the other administering +Secretaries, shall enter into an agreement with the Office of Personnel +Management to conduct a demonstration project under which covered +beneficiaries described in subsection (b) and residing within the area +covered by the demonstration project will be eligible to enroll in +health benefits plans offered through the Federal Employees Health +Benefits program under chapter 89 of title 5. + ``(2) The authority to enter into the agreement described in +paragraph (1) and to conduct the demonstration project provided for by +the agreement shall be subject to the availability of appropriations to +carry out the demonstration project. + ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary +referred to in subsection (a) is a member or former member of the +uniformed services described in section 1074(b) of this title, or a +dependent of the member described in section 1076(b) of this title, who +is or becomes entitled to hospital insurance benefits under part A of +title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). + ``(2) A covered beneficiary described in paragraph (1) shall not be +required to satisfy any eligibility criteria specified in chapter 89 of +title 5 as a condition for enrollment in health benefits plans offered +through the Federal Employee Health Benefits program under the +demonstration project. However, if the covered beneficiary is enrolled +in the supplemental medical insurance program under part B of title +XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the +covered beneficiary enrolls in a health benefits plan offered pursuant +to subsection (a), the covered beneficiary shall be required to remain +enrolled in such supplemental medical insurance program during the term +of the demonstration project. + ``(c) Area of Demonstration Project.--The Secretary of Defense +shall carry out the demonstration project in two geographic areas as +follows: + ``(1) One area shall include the catchment area of one or + more military medical treatment facilities, within which not + more than 25,000 eligible covered beneficiaries reside. + ``(2) The other area shall not include the catchment area + of any military medical treatment facility and not more than + 25,000 eligible covered beneficiaries may reside in the area. + ``(d) Time for Demonstration Project.--The Secretary of Defense +shall conduct the demonstration project during at least two, but not +more than three, contract years under the Federal Employees Health +Benefits program. + ``(e) Management of Participation.--The authority responsible for +approving retired or retainer pay or equivalent pay in the case of a +member or former member shall manage the participation of the member or +former member, or dependents of the member or former member, who enroll +in health benefits plans offered through the Federal Employee Health +Benefits program pursuant to subsection (a). Such authority shall +distribute program information to eligible covered beneficiaries, +process enrollment applications, forward all required contributions to +the Employees Health Benefits Fund established under section 8909 of +title 5 in a timely manner, assist in the reconciliation of enrollment +records with health plans, and prepare such reports as the Office of +Personnel Management may require in its administration of chapter 89 of +title 5. + ``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel +Management shall require health benefits plans under chapter 89 of +title 5 that participate in the demonstration project to maintain a +separate risk pool for purposes of establishing premium rates for +covered beneficiaries who enroll in such a plan in accordance with this +section. + ``(2) The Office shall determine total subscription charges for +self only or for family coverage for covered beneficiaries who enroll +in a health benefits plan under chapter 89 of title 5 in accordance +with this section, which shall include premium charges paid to the plan +and amounts described in section 8906(c) of title 5 for administrative +expenses and contingency reserves. + ``(g) Government Contributions.--The Secretary of Defense shall be +responsible for the Government contribution for an eligible covered +beneficiary who enrolls in a health benefits plan under chapter 89 of +title 5 in accordance with this section, except that the amount of the +contribution may not exceed the amount of the Government contribution +which would be payable if the electing individual were an employee +enrolled in the same health benefits plan and level of benefits. + ``(h) Effect of Cancellation.--The cancellation by a covered +beneficiary of coverage under the Federal Employee Health Benefits +program shall be irrevocable during the term of the demonstration +project. + ``(i) Reporting Requirements.--Not later than May 31 of each year +in which the demonstration project is conducted, the Secretary of +Defense and the Director of the Office of Personnel Management shall +jointly submit a report to Congress describing the provision of health +care services to covered beneficiaries under this section during the +preceding calendar year. The report shall address or contain the +following: + ``(1) The number of covered beneficiaries enrolled in + health benefits plans offered through the Federal Employee + Health Benefits program pursuant to subsection (a), both in + terms of total number and as a percentage of all covered + beneficiaries receiving health care through the health care + system of the uniformed services. + ``(2) Any changes in enrollment patterns and numbers + compared to previous open seasons under the demonstration + project. + ``(3) The out-of-pocket cost to enrollees under such health + benefits plans and a comparison of those costs to the costs + incurred by other enrollees under the Federal Employee Health + Benefits program. + ``(4) The cost to the Government (including the Department + of Defense, the Department of Transportation, and the + Department of Health and Human Services) of providing care + under such health benefits plans. + ``(5) A comparison of the costs determined under paragraphs + (3) and (4) and the costs that would have otherwise been + incurred by the Government and enrollees under alternative + health care options available to the administering Secretaries. + ``(6) The effect of this section on the cost, access, and + utilization rates of other health care options under the health + care system of the uniformed services.''. + (2) The table of sections at the beginning of such chapter is +amended by adding at the end the following new item: + +``1107. Health care coverage through Federal Employees Health Benefits + program: demonstration project.''. + (b) Chapter 89 of title 5, United States Code, is amended-- + (1) in section 8905-- + (A) by redesignating subsections (d) through (f) as + subsections (e) through (g), respectively; and + (B) by inserting after subsection (c) the following + new subsection: + ``(d) An individual whom the Secretary of Defense determines is an +eligible covered beneficiary under subsection (b) of section 1107 of +title 10 may enroll, as part of the demonstration project under such +section, in a health benefits plan under this chapter in accordance +with the agreement under subsection (a) of such section between the +Secretary and the Office and applicable regulations under this +chapter.''; + (2) in section 8906(b)-- + (A) in paragraph (1), by striking ``paragraphs (2) + and (3)'' and inserting in lieu thereof ``paragraphs + (2), (3), and (4)''; and + (B) by adding at the end the following new + paragraph: + ``(4) In the case of individuals who enroll, as part of the +demonstration project under section 1107 of title 10, in a health +benefits plan in accordance with section 8905(d) of this title, the +Government contribution shall be determined in accordance with section +1107(g) of title 10.''; and + (3) in section 8906(g)-- + (A) in paragraph (1), by striking ``paragraph (2)'' + and inserting in lieu thereof ``paragraphs (2) and + (3)''; and + (B) by adding at the end the following new + paragraph: + ``(3) The Government contribution described in subsection (b)(4) +for beneficiaries who enroll, as part of the demonstration project +under section 1107 of title 10, in accordance with section 8905(d) of +this title shall be paid as provided in section 1107(g) of title 10.''.","Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. +Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.","To amend title 10, United States Code, to establish a demonstration project to evaluate the feasibility of using the Federal Employees Health Benefits program to ensure the availability of adequate health care for Medicare-eligible beneficiaries under the military health care system."," This text discusses a demonstration project to include certain covered beneficiaries within the Federal Employees Health Benefits Program (FEHBP). The project aims to provide health care coverage through FEHBP for eligible members or former members of the uniformed services or their dependents who are entitled to hospital insurance benefits under Part A of Title XVIII of the Social Security Act (SSA). The project will be conducted in two geographic areas with not more than 25,000 eligible beneficiaries residing in each area. The demonstration project will last for at least two but not more than three contract years under FEHBP. The Office of Personnel Management (OPM) will require health benefits plans participating in the project to maintain separate risk pools for establishing premium rates for covered beneficiaries who enroll in such plans. The Secretary of Defense will be responsible for the government contribution for eligible covered beneficiaries who enroll in health benefits plans under FEHBP. The cancellation by a covered beneficiary of coverage under FEHBP shall be irrevocable during the term of the demonstration project. The Secretary of Defense and the Director of OPM will jointly submit a report to Congress describing the provision of health care services to covered beneficiaries under this project during each year in which the project is conducted." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Children's Environmental Health +Protection Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) a growing body of scientific knowledge demonstrates + that children may suffer disproportionately from environmental + health risks and safety risks; + (2) those risks arise because-- + (A) the neurological, immunological, digestive, and + other bodily systems of children are still developing; + (B) children eat more food, drink more fluids, and + breathe more air in proportion to their body weight + than adults; + (C) the size and weight of children may diminish + their protection from standard safety features; and + (D) the behavior patterns of children may make + children more susceptible to accidents because children + are less able to protect themselves; and + (3) each Federal agency, to the extent permitted by law and + appropriate, and consistent with the mission of each Federal + agency, should-- + (A) place a high priority on the identification and + assessment of environmental health and safety risks + that may disproportionately affect children, including + where children live, learn, and play; + (B) ensure that the policies, programs, activities, + and standards of the Federal agency address + disproportionate risks to children that result from + environmental health or safety risks; and + (C) participate in the implementation of, and + comply with, this Act. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Environmental Protection Agency. + (2) Director.--The term ``Director'' means the Director of + the Office of Management and Budget. + (3) Environmental health and safety risk.-- + (A) In general.--The term ``environmental health + and safety risk'' means an environmental risk to the + health or safety of a child that is posed by or + otherwise attributable to a substance-- + (i) that the child is likely to ingest; or + (ii) to which the child may otherwise be + exposed. + (B) Inclusions.--The term ``environmental health + and safety risk'' includes an environmental risk that + is posed by or otherwise attributable to-- + (i) air that is inhaled by, or that + otherwise comes into contact with, a child; + (ii) water used by a child for drinking or + recreation; + (iii) soil; and + (iv) chemicals and other substances with + which a child may come into contact. + (4) Federal agency.--The term ``Federal agency'' means-- + (A) any department, agency, or other + instrumentality of the Federal Government; + (B) any independent agency or establishment of the + Federal Government (including any Government + corporation); and + (C) the Government Printing Office. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + (6) Task force.--The term ``Task Force'' means the Task + Force to Address Environmental Health and Safety Risks to + Children established by section 4(a). + +SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO + CHILDREN. + + (a) Establishment.--The Administrator, in consultation with the +Secretary, shall establish a task force to be known as the ``Task Force +to Address Environmental Health and Safety Risks to Children''. + (b) Authority.--The Task Force shall report to the President, in +consultation with-- + (1) the Domestic Policy Council; + (2) the National Science and Technology Council; + (3) the Council on Environmental Quality; and + (4) the Office of Management and Budget. + (c) Membership.--The Task Force shall be composed of-- + (1) the Administrator of the Environmental Protection + Agency, who shall serve as a Co-Chairperson of the Task Force; + (2) the Secretary of Health and Human Services, who shall + serve as Co-Chairperson of the Task Force; + (3) the Secretary of Education; + (4) the Secretary of Labor; + (5) the Attorney General; + (6) the Secretary of Energy; + (7) the Secretary of Housing and Urban Development; + (8) the Secretary of Agriculture; + (9) the Secretary of Transportation; + (10) the Secretary of Homeland Security; + (11) the Director; + (12) the Chairperson of the Council on Environmental + Quality; + (13) the Chairperson of the Consumer Product Safety + Commission; + (14) the Assistant to the President for Economic Policy; + (15) the Assistant to the President for Domestic Policy; + (16) the Assistant to the President for, and Director of + the Office of, Science and Technology Policy; + (17) the Chairperson of the Council of Economic Advisers; + and + (18) such other officials of Federal agencies as the + Administrator and the Secretary may, from time to time, + designate. + (d) Delegation.--A member of the Task Force may delegate the +responsibilities of the member under this Act to 1 or more +subordinates. + (e) Duties.--The Administrator, in consultation with the Secretary +as a co-chair of the Task Force, shall, after providing notice and an +opportunity for public participation and comment and, if determined to +be appropriate by the Administrator and the Secretary, using a +consensus-based approach-- + (1) recommend to the President Federal strategies to + improve children's environmental health and safety, including-- + (A) statements of principles, general policy, and + targeted annual priorities to guide the Federal + approach to complying with this Act; + (B) a coordinated research agenda for the Federal + Government, including steps to implement the review of + research databases described in paragraph (2)(A); + (C) recommendations for appropriate partnerships + among the Federal Government, State, local, and tribal + governments, and the private, academic, and nonprofit + sectors; + (D) proposals to enhance public outreach and + communication to assist families in evaluating risks to + children (including where children live, learn, and + play) and in making informed consumer choices; + (E) an identification of high-priority initiatives + that the Federal Government has undertaken or will + undertake in advancing the protection of children's + environmental health and safety; + (F) a statement regarding the desirability of new + legislation to advance the protection of children's + environmental health and safety; and + (G) other proposals to enhance the health and + safety protection of children by Federal and State + governments and by communities and families; + (2) not later than 180 days after the date of enactment of + this Act, develop or direct to be developed-- + (A) a review of existing and planned data + resources; and + (B) a proposed plan, which shall be reviewed by the + Administrator and the Secretary, and other Federal + agencies as the Administrator and the Secretary + consider appropriate, and which shall be made available + for public comment for a period of not less than 30 + days-- + (i) for use in ensuring that researchers + and Federal research agencies have access to + information on all research conducted or funded + by the Federal Government that relates to + adverse health risks in children resulting from + exposure to environmental health and safety + risks; and + (ii) that-- + (I) promotes the sharing of + information on academic and private + research; and + (II) includes recommendations to + encourage that such data, to the extent + permitted by law, is available to the + public, the scientific and academic + communities, and all Federal agencies; + and + (3) submit to Congress (including the Committee on + Environment and Public Works of the Senate and the Committee on + Energy and Commerce of the House of Representatives) and the + President, make available to the public, and provide to the + Office of Science and Technology Policy and the National + Science and Technology Council for use in establishing research + priorities, a biennial report on research, data, or other + information that would enhance understanding and analysis of, + and response to, environmental health and safety risks, + including-- + (A) a description provided by Federal agencies and + other agencies identified by the Task Force of key data + needs relating to environmental health and safety risks + that have arisen in the course of carrying out projects + and activities of the Federal agencies; and + (B) a description of the accomplishments of the + Task Force. + +SEC. 5. ADMINISTRATION. + + (a) In General.--This Act applies only to the Executive branch. + (b) Effect of Act.--This Act does not create or establish any +substantive or procedural right, benefit, or trust responsibility, +enforceable at law or equity, by a party against the United States +(including any agency, officer, or employee of the United States). + (c) Judicial Review.--This Act does not create or establish any +right to judicial review involving the compliance or noncompliance with +this Act by-- + (1) the United States (including any agency, officer, or + employee of the United States); or + (2) any other person.","Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety; (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks; and (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.",A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children.," The Children's Environmental Health Protection Act aims to address environmental health and safety risks that disproportionately affect children. It establishes a task force to recommend federal strategies for improving children's environmental health and safety, develop a coordinated research agenda, enhance public outreach and communication, identify high-priority initiatives, and propose other measures to protect children's health and safety. The task force is composed of representatives from various federal agencies and is responsible for submitting reports to Congress and the President. The act applies only to the Executive branch and does not create any enforceable rights or benefits." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Nursing Home Staff Improvement Act +of 2000''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) Part I of the Health Care Financing Administration's + Report to Congress: Appropriateness of Minimum Nurse Staffing + Ratios in Nursing Homes was completed in August of 2000 and + showed the following: + (A) Quality of care may be significantly impaired + when staffing thresholds fall below 2.0 nurse aide + hours per resident day, 1.0 registered nurse and + licensed practical nurse hours per resident day and + 0.45 registered nurse hours per resident day. + (B) Below this threshold, residents are more likely + to suffer life threatening illnesses secondary to + pressure sores, weight loss and preventable infections, + and rates of avoidable hospitalization increase + significantly. + (C) Fifty-four percent of nursing home facilities + do not provide 2.0 nurse aide hours per resident day + and approximately \1/2\ of nursing home facilities + would require greater than a 10 percent change in + staffing to meet this minimal standard. + (D) The 2.0 nurse aide hours per resident day is a + threshold below which residents lives are at risk, not + a standard for the provision of appropriate care. + (2)(A) A minimum of 2.9 nurse aide hours per resident day + are necessary to deliver 5 necessary daily care services. + (B) Over 92 percent of nursing home facilities fall below + the 2.9 nurse aide hours per resident day standard and would + require a 50 percent increase in staffing to meet this + standard. + (C) The 2.9 nurse aide hours per resident day standard is + based on a conservative assumption and understates the real + staffing levels necessary for a nurse aide to complete all + tasks that constitute adequate care. + (3)(A) Facilities that serve residents with more complex + medical conditions will require higher staffing levels. + (B) Minimum staffing levels that take into account case mix + have not yet been established. + (C) Part II of the Health Care Financing Administration + report, which has not yet been completed, will report to + Congress on minimum staffing levels according to the facility's + resident acuity level. + +SEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY + STAFFING REQUIREMENTS. + + (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget +Reconciliation Act of 1990 (42 U.S.C. 1396r note) is amended-- + (1) by striking ``January 1, 1999'' and inserting ``July 1, + 2001''; + (2) by inserting ``and optimal minimum'' after ``minimum'' + each place it appears; + (3) by striking the period and inserting a semicolon; + (4) by striking ``such study recommendations'' and + inserting ``such study-- + ``(i) recommendations''; and + (5) by adding at the end the following: + ``(ii) an examination of the cost and + benefits associated with establishing staffing + minimum and optimal minimum ratios; + ``(iii) a description of the data used in + Phase II of the study to expand the + multivariate analysis from 3 States to a more + representative national sample; + ``(iv) an analysis of proposed refined case + mix classification methods considered in Phase + II of the study; + ``(v) a description of the case studies + used to validate the Phase I findings of the + study; and + ``(vi) an examination of other issues that + impact the recruitment and retention of + certified nursing assistants.''. + (b) Effective Date.--The amendments made by subsection (a) take +effect as if included in the enactment of section 4801 of the Omnibus +Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388- +211). + +SEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS. + + (a) Notice of Proposed Rulemaking.--Not later than 6 months after +the date that the Secretary of Health and Human Services (in this +section referred to as the ``Secretary'') submits the report to +Congress required under section 4801(e)(17)(B) of the Omnibus Budget +Reconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study +of establishing appropriate minimum caregiver to resident levels and +appropriate minimum supervisor to caregiver levels for skilled nursing +facilities participating as providers of services under the medicare +program under title XVIII of the Social Security Act (42 U.S.C. 1395 et +seq.) and nursing facilities receiving payments under the medicaid +program under title XIX of such Act (42 U.S.C. 1396 et seq.) that +includes recommendations regarding appropriate minimums for such +levels, the Secretary shall issue a notice of proposed rule-making with +respect to the promulgation of a final regulation requiring compliance +with appropriate minimum caregiver to resident levels and appropriate +minimum supervisor to caregiver levels as a condition for such +facilities to receive payments under such programs. + (b) Final Regulation.--Not later than 6 months after the issuance +of the notice required under subsection (a), the Secretary shall issue +the final regulation (to be effective upon publication) that was the +subject of such notice. + (c) Definition of Appropriate.--In this section, the term +``appropriate'' means the staffing threshold level required to attain a +good or optimal quality outcome with respect to a resident of a skilled +nursing facility participating as a provider of services under the +medicare program under title XVIII of the Social Security Act (42 +U.S.C. 1395 et seq.) or of a nursing facility receiving payments under +the medicaid program under title XIX of such Act (42 U.S.C. 1396 et +seq.), as opposed to avoiding a bad outcome with respect to such a +resident. + +SEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN + NURSING FACILITIES. + + (a) Authority To Award Grants.--The Secretary of Health and Human +Services shall award grants to States on a competitive basis for the +purpose of improving staffing levels in nursing facilities in order to +improve the quality of care to residents of such facilities. + (b) Applications.--Each State that wishes to receive a grant under +this section shall submit an application at such time, in such form, +and complete with such information as the Secretary may require, except +that any such application shall include at least a certification that +the application was developed through an open, public process. + (c) Requirements for Use of Funds.-- + (1) Permissible uses.-- + (A) In general.--A State awarded a grant under this + section shall use funds provided under the grant to + provide financial support or technical assistance for + projects operated by nursing facilities, labor + organizations, nonprofit organizations, community + colleges, or other organizations, or through joint + efforts of such entities and organizations, that are + designed to do any or all of the following: + (i) Enhance staff recruitment and retention + efforts. + (ii) Establish centers of expertise and + training. + (iii) Establish career ladders for + certified nurse assistants, including + additional or advanced training opportunities. + (iv) Provide additional training for + nursing facility direct care staff. + (v) Improve workplace safety. + (vi) Improve nursing facility management. + (vii) Conduct other staffing initiatives to + improve patient outcomes, as approved by the + Secretary. + (B) Applicability of nursing home reform + provisions.--Funds made available under a grant awarded + to a State under this section may only be used to + provide financial support or technical assistance for + any project described in subparagraph (A) to the extent + that the activities conducted under the project are + consistent with the requirements of sections 1818 and + 1919 of the Social Security Act (42 U.S.C. 1395i-3, + 1396r). + (C) Prohibition.--No funds made available under a + grant awarded to a State under this section may be used + to provide financial support or technical assistance + for any project described in subparagraph (A) that is + conducted at, or for the benefit of, a nursing facility + that is owned or operated by a State, county, or local + government. + (2) No supplantation of funds.--Funds made available under + a grant awarded to a State under this section may only be used + to supplement, not supplant, other funds that the State expends + to carry out activities described in paragraph (1)(A). + (d) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary for purposes of carrying out this section +$500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated +in accordance with this subsection for a fiscal year shall remain +available through the end of the succeeding fiscal year. + (e) Reports and Secretarial Evaluation.-- + (1) State final reports.--Each State that is awarded a + grant under this section shall submit a final report to the + Secretary on the use of funds awarded under the grant not later + than 3 months after the earlier of-- + (A) the completion of the project or projects + provided financial support or technical assistance with + funds received under the grant; or + (B) the conclusion of the 2-year period that begins + on the date that the State receives such grant funds. + (2) Secretarial evaluation and report.--Not later than 6 + months after the final State report is submitted to the + Secretary under paragraph (1), the Secretary shall submit to + Congress a report evaluating the extent to which the grant + program established under this section assists States in + improving staffing levels in nursing facilities. + (f) Definitions.--In this section: + (1) Nursing facility.--The term ``nursing facility'' means + a skilled nursing facility participating in the medicare + program established under title XVIII of the Social Security + Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving + payments under the medicaid program established under title XIX + of such Act (42 U.S.C. 1396 et seq.). + (2) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + +SEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING. + + (a) Medicare.-- + (1) Data on staffing levels.--Section 1819(b) of the Social + Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the + end the following new paragraph: + ``(8) Submission of data on staffing levels.-- + ``(A) In general.--A skilled nursing facility shall + submit to the Secretary, at such time as the Secretary + shall specify and on a standard reporting format + developed by the Secretary, data with respect to + nursing staff that-- + ``(i) includes the total number of nursing + staff hours and coverage levels per shift + furnished by the facility to residents for + which payment is made under section 1888(e), + broken down by total certified nurse aide + hours, total licensed practical or vocational + nurse hours, and total registered nurse hours; + and + ``(ii) is attested to in writing by the + facility as accurate. + ``(B) Publication of data.--The Secretary shall + provide for the publication on the Internet Site of the + Department of Health and Human Services known as + Nursing Home Compare the facility-specific nursing + staff information described in subparagraph (A). The + Secretary shall update such information + periodically.''. + (2) Information concerning patient classification.--Section + 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) + is amended by adding at the end the following new subparagraph: + ``(D) Information concerning residents.--The + skilled nursing facility shall provide the Secretary, + in such form and manner and at such intervals as the + Secretary may require, a classification of all + residents of the skilled nursing facility that accords + with the resident classification system described in + section 1888(e)(4)(G)(i), or such successor system as + the Secretary may identify.''. + (b) Medicaid.-- + (1) Data on staffing levels.--Section 1919(b) of the Social + Security Act (42 U.S.C. 1396r(b)) is amended by adding at the + end the following new paragraph: + ``(8) Submission of data on staffing levels.-- + ``(A) In general.--A nursing facility shall submit + to the Secretary, at such time as the Secretary shall + specify and on a standard reporting format developed by + the Secretary, data with respect to nursing staff + that-- + ``(i) includes the total number of nursing + staff hours and coverage levels per shift + furnished by the facility to residents for + which payment is made under the State plan, + broken down by total certified nurse aide + hours, total licensed practical or vocational + nurse hours, and total registered nurse hours; + and + ``(ii) is attested to in writing by the + facility as accurate. + ``(B) Publication of data.--The Secretary shall + provide for the publication on the Internet Site of the + Department of Health and Human Services known as + Nursing Home Compare the facility-specific nursing + staff information described in subparagraph (A). The + Secretary shall update such information + periodically.''. + (2) Information concerning patient classification.--Section + 1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4)) + is amended by adding at the end the following new subparagraph: + ``(D) Information concerning residents.--The + nursing facility shall provide the Secretary, in such + form and manner and at such intervals as the Secretary + may require, a classification of all residents of the + nursing facility that accords with the resident + classification system described in section + 1888(e)(4)(G)(i), or such successor system as the + Secretary may identify.''. + +SEC. 7. INFORMATION ON NURSING FACILITY STAFFING. + + (a) Medicare Amendments.--Section 1819(b) of the Social Security +Act (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further +amended by adding at the end the following new paragraph: + ``(9) Information on nurse staffing.--A skilled nursing + facility shall post daily for each nursing unit of the facility + and for each shift the current number of licensed and + unlicensed nursing staff directly responsible for resident care + and the number of residents per unit and per shift. The + information shall be displayed in a uniform manner and in a + clearly visible place.''. + (b) Medicaid Amendments.--Section 1919(b) of the Social Security +Act (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by +adding at the end the following new paragraph: + ``(9) Information on nurse staffing.--A nursing facility + shall post daily for each nursing unit of the facility and for + each shift the current number of licensed and unlicensed + nursing staff directly responsible for resident care and the + number of residents per unit and per shift. The information + shall be displayed in a uniform manner and in a clearly visible + place.''. + (c) Effective Date.--The amendments made by this section take +effect on the first day of the first month that begins at least 6 +months after the date of the enactment of this Act.","Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. +Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification.",Nursing Home Staff Improvement Act of 2000," The Nursing Home Staff Improvement Act of 2000 aims to improve staffing levels and quality of care in nursing facilities by addressing minimum staffing requirements, providing grants to improve staffing levels, and ensuring accurate information on staffing levels is provided to the public. The Act highlights the importance of adequate staffing to prevent life-threatening illnesses among residents and reduce avoidable hospitalizations. It calls for the completion of a report on adequate nursing facility staffing requirements and the establishment of appropriate minimum staffing levels for skilled nursing facilities participating in Medicare and Medicaid programs. Additionally, the Act authorizes grants to states for improving staffing levels in nursing facilities to enhance staff recruitment and retention, establish training centers, and improve workplace safety. Finally, it amends Medicare and Medicaid regulations to require skilled nursing facilities to submit data on staffing levels and provide facility-specific nursing staff information on the Nursing Home Compare website." +"SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM. + + (a) Definitions.--Section 8331 of title 5, United States Code, is +amended-- + (1) by striking out ``and'' at the end of paragraph (25); + (2) by striking out the period at the end of paragraph (26) + and inserting in lieu thereof a semicolon and ``and''; and + (3) by adding at the end thereof the following new + paragraph: + ``(27) `fish and wildlife officer' means a law enforcement + officer of the Refuge Division of the United States Fish and + Wildlife Service of the Department of the Interior.''. + (b) Deductions, Contributions, and Deposits.--Section 8334 of title +5, United States Code, is amended-- + (1) in subsection (a)(1), by striking out ``a law + enforcement officer,'' and inserting in lieu thereof ``a law + enforcement officer, a fish and wildlife officer''; and + (2) in the table in subsection (c), by striking out ``and + firefighter for firefighter service.'' and inserting in lieu + thereof ``, firefighter for firefighter service, and a fish and + wildlife officer for fish and wildlife service.''. + (c) Immediate Retirement.--Section 8336(c)(1) of such title is +amended by striking out ``law enforcement officer or firefighter,'' and +inserting ``law enforcement officer, a firefighter, or a''. + +SEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM. + + (a) Definitions.--Section 8401 of title 5, United States Code, is +amended-- + (1) by striking out ``and'' at the end of paragraph (31); + (2) by striking out the period at the end of paragraph (32) + and inserting in lieu thereof a semicolon and ``and''; and + (3) by adding at the end thereof the following new + paragraph: + ``(33) `fish and wildlife officer' means a law enforcement + officer of the Refuge Division of the United States Fish and + Wildlife Service of the Department of the Interior.''. + (b) Immediate Retirement.--Section 8412(a) of title 5, United +States Code, is amended-- + (1) in paragraph (1) by striking out ``or firefighter,'' + and inserting in lieu thereof ``firefighter, or fish and + wildlife officer,''; and + (2) in paragraph (2) by striking out ``or firefighter,'' + and inserting in lieu thereof ``firefighter, or fish and + wildlife officer''. + (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, +United States Code, is amended in the sentence following subparagraph +(B) by inserting ``fish and wildlife officer,'' after ``firefighter,''. + (d) Deductions.--Section 8422(a)(2) of title 5, United States Code, +is amended-- + (1) in subparagraph (A) by inserting ``fish and wildlife + officer,'' after ``air traffic controller,''; and + (2) in subparagraph (B) by inserting ``fish and wildlife + officer,'' after ``air traffic controller,''. + (e) Government Contributions.--Section 8423(a) of title 5, United +States Code, is amended-- + (1) in paragraph (1)(B)(i) by inserting ``fish and wildlife + officer,'' after ``law enforcement officer,''; and + (2) in paragraph (3)(A) by inserting ``fish and wildlife + officer,'' after ``law enforcement officer,''. + (f) Mandatory Separation.--Section 8425(b) of title 5, United +States Code, is amended in the second sentence by inserting ``or fish +and wildlife officer'' after ``law enforcement officer''. + +SEC. 3. ADMINISTRATIVE PROVISIONS. + + (a) Employee Contributions.--Any individual who has served as a +fish and wildlife officer before the effective date of this Act, shall +have such service credited and annuities determined in accordance with +the amendments made by sections 1 and 2 of this Act, if such individual +makes payment into the Civil Service Retirement and Disability Fund of +an amount, determined by the Office of Personnel Management, which +would have been deducted and withheld from the basic pay of such +individual (including interest thereon) under chapters 83 and 84 of +title 5, United States Code, as if such amendments had been in effect +during the periods of such service. + (b) Agency Contributions.--No later than 90 days after a payment +made by an individual under subsection (a), the Department of the +Interior shall make a payment into the Civil Service Retirement and +Disability Fund of an amount, determined by the Office of Personnel +Management, which would have been contributed as a Government +contribution (including interest thereon) under chapters 83 and 84 of +title 5, United States Code, for the service credited and annuities +determined for such individual, as if the amendments made by sections 1 +and 2 of this Act had been in effect during the applicable periods of +service. + (c) Regulations.--The Office of Personnel Management shall +determine the amount of interest to be paid under this section and may +promulgate regulations to carry out the provisions of this Act. + +SEC. 4. EFFECTIVE DATE. + + The provisions of this Act and amendments made by this Act shall +take effect on the date occurring 90 days after the date of enactment +of this Act.",Amends Federal law to extend certain retirement-related provisions of the Civil Service and Federal Employees' Retirement Systems for Federal law enforcement officers to law enforcement officers of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.,"A bill to amend chapters 83 and 84 of title 5, United States Code, to extend the civil service retirement provisions of such chapter which are applicable to law enforcement officers."," This text amends the Civil Service Retirement System and Federal Employees Retirement System to include ""fish and wildlife officer"" as a law enforcement officer within the United States Fish and Wildlife Service. It modifies deductions, contributions, deposits, immediate retirement, computation of basic annuity, and mandatory separation provisions to include fish and wildlife officers. The Office of Personnel Management will determine the amount of interest to be paid under this act and may promulgate regulations to carry out its provisions. These amendments will take effect 90 days after enactment." +"SECTION 1. VISA OVERSTAYS CRIMINALIZED. + + (a) In General.--The Immigration and Nationality Act is amended by +inserting after section 274D the following: + +``SEC. 274E. VISA OVERSTAYS. + + ``(a) In General.--Except as provided in subsection (b), any alien +who remains in the United States for any period of time after the date +on which any visa or status under which the alien is lawfully present +has expired shall-- + ``(1) for the first commission of any such offense, be + fined under title 18, United States Code, or imprisoned no more + than 6 months, or both; and + ``(2) for a subsequent commission of any such offense, be + fined under title 18, United States Code, or imprisoned not + more than 2 years, or both. + ``(b) Exception.--If the Secretary of Homeland Security determines +on an individual case-by-case basis that, because of reasons of a +medical necessity, public safety, or national security, the alien +violated subsection (a), the alien shall not be subject to the +penalties under subsection (a). + ``(c) Limitation on Reentry.-- + ``(1) First offenders.--Subject to section 222(g)(2), any + alien convicted of a violation of subsection (a)(1)-- + ``(A) may not be admitted to the United States for + a period of 5 years, beginning on the date of the + conviction; and + ``(B) may not be granted a visa for a period of 10 + years, beginning on the date of the conviction. + ``(2) Subsequent offenses.--Notwithstanding section + 222(g)(2), any alien convicted of a violation of subsection + (a)(2)-- + ``(A) may not be admitted to the United States; and + ``(B) may not be granted a visa. + ``(d) Disclosure of Penalties.--In the case of any application or +petition by or on behalf of an alien for admission to the United +States, the Secretary of State or the Secretary of Homeland Security +shall provide the alien with notice of the penalties under this section +and section 275 on receipt of the application or petition, and again at +the time of admission.''. + (b) Clerical Amendment.--The table of contents of the Immigration +and Nationality Act is amended by inserting after the item relating to +section 274D the following: + +``274E. Visa overstays.''. + +SEC. 2. EFFECT OF VISA REVOCATION. + + (a) In General.--Section 221(i) of the Immigration and Nationality +Act (8 U.S.C. 1201(i)) is amended by inserting before the final +sentence the following: ``A revocation under this subsection shall +automatically cancel any other valid visa that is in the alien's +possession.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date of the enactment of this Act and shall apply to +revocations under section 221(i) of the Immigration and Nationality Act +(8 U.S.C. 1201(i)) occurring on or after such date. + +SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL. + + Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) +is amended-- + (1) by striking ``In any removal proceedings before an + immigration judge and in any appeal proceedings before the + Attorney General from any such removal proceedings'' and + inserting ``In any removal proceedings before an immigration + judge, or any other immigration proceedings before the Attorney + General, the Secretary of Homeland Security, or any appeal of + such a proceeding''; + (2) by striking ``(at no expense to the Government)''; and + (3) by adding at the end the following ``Notwithstanding + any other provision of law, in no instance shall the Government + bear any expense for counsel for any person in proceedings + described in this section.''. + +SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS. + + Section 222(f) of the Immigration and Nationality Act (8 U.S.C. +1202(f)) is amended-- + (1) in paragraph (1), by striking the period at the end and + inserting a semicolon; + (2) by redesignating paragraph (2) as paragraph (3); and + (3) by inserting after paragraph (1) the following: + ``(2) the Secretary of State on a case-by-case basis may + provide to a foreign government copies of any record of the + Department of State and of diplomatic and consular offices of + the United States pertaining to the issuance or refusal of + visas or permits to enter the United States, or any information + contained in those records, if the Secretary determines that it + is in the national interests of the United States; and''. + +SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA + ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT + OFFICIALS. + + Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) +is amended by adding at the end the following: + ``(i) In the case of an alien described in one of clauses (i) +through (iv) of subsection (h)(2)(E) who has applied for a visa, the +Attorney General and the Director of the Federal Bureau of +Investigation shall provide the Secretary of State with access to the +criminal history record information contained in files maintained by +the National Crime Information Center for the purpose of determining +whether the visa should be issued.''.","This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.","To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes."," This text discusses amendments to the Immigration and Nationality Act regarding visa overstays, visa revocation effects, taxpayer-provided counsel clarification, sharing visa records with foreign governments, and access to national crime information center files for visa adjudications relating to diplomats and other government officials. Key points include criminalizing visa overstays with penalties for first and subsequent offenses, automatic cancellation of other valid visas upon revocation, clarification that taxpayers will not bear any expense for counsel in immigration proceedings, allowing the Secretary of State to share visa records with foreign governments if deemed in the national interest, and granting access to criminal history record information for visa adjudications involving diplomats and government officials." +"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.," The Community Mental Health and Addiction Safety Net Equity Act of 2010 aims to improve mental health and addiction services by amending the Public Health Service Act to include federally qualified behavioral health centers (FQBHCs) as providers of community mental health services. FQBHCs must meet specific criteria, such as providing accessible services, employing multidisciplinary staff, and offering services to individuals regardless of their ability to pay. The Act also amends the Social Security Act to include FQBHC services under Medicaid coverage and payment. Furthermore, it requires studies on the combined paperwork burden of FQBHCs and their wage structure compared to other health safety net providers and private sector employers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Jobs Through Trade Expansion Act of +1994''. + + TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION + +SEC. 101. RAISING CEILING ON INSURANCE. + + Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. +2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting +``$13,500,000,000''. + +SEC. 102. RAISING CEILING ON FINANCING. + + Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. +2195(a)(2)) is amended to read as follows: + ``(2) Financing.--(A) The maximum contingent liability + outstanding at any one time pursuant to financing issued under + subsections (b) and (c) of section 234 shall not exceed in the + aggregate $9,500,000,000. + ``(B) Subject to spending authority provided in appropriations + Acts pursuant to section 504(b) of the Federal Credit Reform Act of + 1990, the Corporation is authorized to transfer such sums as are + necessary from its noncredit activities to pay for the subsidy cost + of the investment guaranties and direct loan programs under + subsections (b) and (c) of section 234.''. + +SEC. 103. EXTENDING ISSUING AUTHORITY. + + Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. +2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''. + +SEC. 104. ADMINISTRATIVE EXPENSES. + + Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) +is amended by striking subsection (g). + +SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES. + + Paragraph (2) of the second undesignated paragraph of section 231 +of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by +inserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, +Ireland, and Northern Ireland''. + + TITLE II--TRADE AND DEVELOPMENT AGENCY + +SEC. 201. TRADE AND DEVELOPMENT AGENCY. + + Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. +2421(f)(1)) is amended-- + (1) by striking ``There are authorized'' and inserting ``(A) + There are authorized''; + (2) by striking ``$55,000,000'' and all that follows and + inserting ``$77,000,000 for fiscal year 1995 and such sums as are + necessary for fiscal year 1996.''; and + (3) by adding at the end the following new subparagraph: + ``(B) Amounts appropriated pursuant to the authorization of + appropriations under subparagraph (A) are authorized to remain + available until expended.''. + + TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE + ADMINISTRATION + +SEC. 301. EXPORT PROMOTION AUTHORIZATION. + + Section 202 of the Export Administration Amendments Act of 1985 (15 +U.S.C. 4052) is amended to read as follows: + +``SEC. 202. AUTHORIZATION OF APPROPRIATIONS. + + ``There are authorized to be appropriated to the Department of +Commerce to carry out export promotion programs such sums as are +necessary for fiscal years 1995 and 1996.''. + + TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS + +SEC. 401. SHORT TITLE. + + This title may be cited as the ``Environmental Export Promotion Act +of 1994''. + +SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS. + + (a) Environmental Technologies Trade Advisory Committee.--Section +2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is +amended-- + (1) by striking subsection (d); + (2) by redesignating subsection (c) as subsection (e); and + (3) by inserting after subsection (b) the following: + ``(c) Environmental Technologies Trade Advisory Committee.-- + ``(1) Establishment and purpose.--The Secretary, in carrying + out the duties of the chairperson of the TPCC, shall establish the + Environmental Technologies Trade Advisory Committee (hereafter in + this section referred to as the `Committee'). The purpose of the + Committee shall be to provide advice and guidance to the Working + Group in the development and administration of programs to expand + United States exports of environmental technologies, goods, and + services and products that comply with United States environmental, + safety, and related requirements. + ``(2) Membership.--The members of the Committee shall be drawn + from representatives of-- + ``(A) environmental businesses, including small businesses; + ``(B) trade associations in the environmental sector; + ``(C) private sector organizations involved in the + promotion of environmental exports, including products that + comply with United States environmental, safety, and related + requirements; + ``(D) States (as defined in section 2301(i)(5)) and + associations representing the States; and + ``(E) other appropriate interested members of the public, + including labor representatives. + The Secretary shall appoint as members of the Committee at least 1 + individual under each of subparagraphs (A) through (E). + ``(d) Export Plans for Priority Countries.-- + ``(1) Priority country identification.--The Working Group, in + consultation with the Committee, shall annually assess which + foreign countries have markets with the greatest potential for the + export of United States environmental technologies, goods, and + services. Of these countries the Working Group shall select as + priority countries 5 with the greatest potential for the + application of United States Government export promotion resources + related to environmental exports. + ``(2) Export plans.--The Working Group, in consultation with + the Committee, shall annually create a plan for each priority + country selected under paragraph (1), setting forth in detail ways + to increase United States environmental exports to such country. + Each such plan shall-- + ``(A) identify the primary public and private sector + opportunities for United States exporters of environmental + technologies, goods, and services in the priority country; + ``(B) analyze the financing and other requirements for + major projects in the priority country which will use + environmental technologies, goods, and services, and analyze + whether such projects are dependent upon financial assistance + from foreign countries or multilateral institutions; and + ``(C) list specific actions to be taken by the member + agencies of the Working Group to increase United States exports + to the priority country.''. + (b) Additional Mechanisms To Promote Environmental Exports.-- +Section 2313 of the Export Enhancement Act of 1988 is further amended +by adding at the end the following: + ``(f) Environmental Technologies Specialists in the United States +and Foreign Commercial Service.-- + ``(1) Assignment of environmental technologies specialists.-- + The Secretary shall assign a specialist in environmental + technologies to the office of the United States and Foreign + Commercial Service in each of the 5 priority countries selected + under subsection (d)(1), and the Secretary is authorized to assign + such a specialist to the office of the United States and Foreign + Commercial Service in any country that is a promising market for + United States exports of environmental technologies, goods, and + services. Such specialist may be an employee of the Department, an + employee of any relevant United States Government department or + agency assigned on a temporary or limited term basis to the + Commerce Department, or a representative of the private sector + assigned to the Department of Commerce. + ``(2) Duties of environmental technologies specialists.--Each + specialist assigned under paragraph (1) shall provide export + promotion assistance to United States environmental businesses, + including, but not limited to-- + ``(A) identifying factors in the country to which the + specialist is assigned that affect the United States share of + the domestic market for environmental technologies, goods, and + services, including market barriers, standards-setting + activities, and financing issues; + ``(B) providing assessments of assistance by foreign + governments that is provided to producers of environmental + technologies, goods, and services in such countries in order to + enhance exports to the country to which the specialist is + assigned, the effectiveness of such assistance on the + competitiveness of United States products, and whether + comparable United States assistance exists; + ``(C) training Foreign Commercial Service Officers in the + country to which the specialist is assigned, other countries in + the region, and United States and Foreign Commercial Service + offices in the United States, in environmental technologies and + the international environmental market; + ``(D) providing assistance in identifying potential + customers and market opportunities in the country to which the + specialist is assigned; + ``(E) providing assistance in obtaining necessary business + services in the country to which the specialist is assigned; + ``(F) providing information on environmental standards and + regulations in the country to which the specialist is assigned; + ``(G) providing information on all United States Government + programs that could assist the promotion, financing, and sale + of United States environmental technologies, goods, and + services in the country to which the specialist is assigned; + and + ``(H) promoting the equal treatment of United States + environmental, safety, and related requirements, with those of + other exporting countries, in order to promote exports of + United States-made products. + ``(g) Environmental Training in One-Stop Shops.--In addition to the +training provided under subsection (f)(2)(C), the Secretary shall +establish a mechanism to train-- + ``(1) Commercial Service Officers assigned to the one-stop + shops provided for in section 2301(b)(8), and + ``(2) Commercial Service Officers assigned to district offices + in districts having large numbers of environmental businesses, +in environmental technologies and in the international environmental +marketplace, and ensure that such officers receive appropriate training +under such mechanism. Such training may be provided by officers or +employees of the Department of Commerce, and other United States +Government departments and agencies, with appropriate expertise in +environmental technologies and the international environmental +workplace, and by appropriate representatives of the private sector. + ``(h) International Regional Environmental Initiatives.-- + ``(1) Establishment of initiatives.--The TPCC may establish one + or more international regional environmental initiatives the + purpose of which shall be to coordinate the activities of Federal + departments and agencies in order to build environmental + partnerships between the United States and the geographic region + outside the United States for which such initiative is established. + Such partnerships shall enhance environmental protection and + promote sustainable development by using in the region technical + expertise and financial resources of United States departments and + agencies that provide foreign assistance and by expanding United + States exports of environmental technologies, goods, and services + to that region. + ``(2) Activities.--In carrying out each international regional + environmental initiative, the TPCC shall-- + ``(A) support, through the provision of foreign assistance, + the development of sound environmental policies and practices + in countries in the geographic region for which the initiative + is established, including the development of environmentally + sound regulatory regimes and enforcement mechanisms; + ``(B) identify and disseminate to United States + environmental businesses information regarding specific + environmental business opportunities in that geographic region; + ``(C) coordinate existing Federal efforts to promote + environmental exports to that geographic region, and ensure + that such efforts are fully coordinated with environmental + export promotion efforts undertaken by the States and the + private sector; + ``(D) increase assistance provided by the Federal + Government to promote exports from the United States of + environmental technologies, goods, and services to that + geographic region, such as trade missions, reverse trade + missions, trade fairs, and programs in the United States to + train foreign nationals in United States environmental + technologies; and + ``(E) increase high-level advocacy by United States + Government officials (including the United States ambassadors + to the countries in that geographic region) for United States + environmental businesses seeking market opportunities in that + geographic region. + ``(i) Environmental Technologies Project Advocacy Calendar and +Information Dissemination Program.--The Working Group shall-- + ``(1) maintain a calendar, updated at the end of each calendar + quarter, of significant opportunities for United States + environmental businesses in foreign markets and trade promotion + events, which shall-- + ``(A) be made available to the public; + ``(B) identify the 50 to 100 environmental infrastructure + and procurement projects in foreign markets that have the + greatest potential in the calendar quarter for United States + exports of environmental technologies, goods, and services; and + ``(C) include trade promotion events, such as trade + missions and trade fairs, in the environmental sector; and + ``(2) provide, through the National Trade Data Bank and other + information dissemination channels, information on opportunities + for environmental businesses in foreign markets and information on + Federal export promotion programs. + ``(j) Environmental Technology Export Alliances.--Subject to the +availability of appropriations for such purpose, the Secretary is +authorized to use the Market Development Cooperator Program to support +the creation on a regional basis of alliances of private sector +entities, nonprofit organizations, and universities, that support the +export of environmental technologies, goods, and services and promote +the export of products complying with United States environmental, +safety, and related requirements. + ``(k) Definition.--For purposes of this section, the term +`environmental business' means a business that produces environmental +technologies, goods, or services.''. + + TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY + +SEC. 501. ESTABLISHMENT OF PROGRAM. + + (a) In General.--In carrying out part I of the Foreign Assistance +Act of 1961 and other relevant foreign assistance laws, the President, +acting through the Administrator of the United States Agency for +International Development, shall establish a program of training and +other technical assistance to assist foreign countries in-- + (1) developing and strengthening laws and regulations to + protect intellectual property; and + (2) developing the infrastructure necessary to implement and + enforce such laws and regulations. + (b) Participation of Other Agencies.--The Administrator of the +United States Agency for International Development-- + (1) shall utilize the expertise of the Patent and Trademark + Office and other agencies of the United States Government in + designing and implementing the program of assistance provided for + in this section; + (2) shall coordinate assistance under this section with efforts + of other agencies of the United States Government to increase + international protection of intellectual property, including + implementation of international agreements containing high levels + of protection of intellectual property; and + (3) shall consult with the heads of such other agencies in + determining which foreign countries will receive assistance under + this section. + + + + + + + + Speaker of the House of Representatives. + + + + + + + + Vice President of the United States and + President of the Senate.","TABLE OF CONTENTS: + Title I: Overseas Private Investment Corporation + Title II: Trade and Development Agency + Title III: Export Promotion Programs Within the International + Trade Administration + Title IV: Promotion of United States Environmental Exports + Title V: International Protection of Intellectual Property +Jobs Through Trade Expansion Act of 1994 - +Title I: Overseas Private Investment Corporation + - Amends the Foreign Assistance Act of 1961 to raise the ceiling on the maximum contingent liability allowed for Overseas Private Investment Corporation (OPIC) insurance and outstanding financing. +(Sec. 102) Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and investment guaranties programs. +(Sec. 103) Continues OPIC's authority to issue investment insurance and guarantees through FY 1996. +(Sec. 105) Makes a restriction on OPIC assistance for countries that exceed a specified per capita income level inapplicable to Ireland and Northern Ireland (thus making such countries eligible for OPIC assistance). +Title II: Trade and Development Agency + - Authorizes appropriations for the Trade and Development Agency for FY 1995 and 1996. +Title III: Export Promotion Programs Within the International Trade Administration + - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. +Title IV: Promotion of United States Environmental Exports + - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. +(Sec. 402) Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand U.S. exports of environmental technologies, goods, and services and products that comply with U.S. environmental, safety, and related requirements. +Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of U.S. Government export promotion resources related to environmental exports; and (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. +Directs the Secretary to assign a specialist in environmental technologies to the office of the U.S. and Foreign Commercial Service in each of the priority countries. +Authorizes the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding U.S. exports of environmental technologies, goods, and services to such regions. +Directs the Working Group to maintain a calendar of significant opportunities for U.S. environmental businesses in foreign markets and trade promotion events to be made available to the public. +Authorizes the Secretary to use the Market Development Cooperator Program to support regional alliances of private sector entities, nonprofit organizations, and universities that support the export of environmental technologies, goods, and services and promote the export of products complying with U.S. environmental, safety, and related requirements. +Title V: International Protection of Intellectual Property + - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations.",Jobs Through Trade Expansion Act of 1994," The Jobs Through Trade Expansion Act of 1994 aims to expand U.S. trade by raising the ceiling on insurance and financing for the Overseas Private Investment Corporation (OPIC). It extends issuing authority for OPIC and removes administrative expenses from Section 235 of the Foreign Assistance Act of 1961. The Act also authorizes appropriations for export promotion programs within the International Trade Administration and amends the Export Administration Amendments Act of 1985 to authorize appropriations for export promotion programs for fiscal years 1995 and 1996. Furthermore, it establishes the Environmental Technologies Trade Advisory Committee to provide advice and guidance on expanding U.S. exports of environmental technologies, goods, and services that comply with U.S. environmental requirements. The Act also authorizes the establishment of international regional environmental initiatives to coordinate activities between U.S. federal departments and agencies to build environmental partnerships with other countries outside the U.S. Finally, it establishes a program to assist foreign countries in developing and strengthening laws and regulations to protect intellectual property and developing the necessary infrastructure to implement and enforce such laws." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fair and Speedy Treatment (FAST) of +Medicare Prescription Drug Claims Act of 2007''. + +SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD + PLANS UNDER PART D. + + (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of +the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding +at the end the following new paragraph: + ``(4) Prompt payment of clean claims.-- + ``(A) Prompt payment.--Each contract entered into + with a PDP sponsor under this subsection with respect + to a prescription drug plan offered by such sponsor + shall provide that payment shall be issued, mailed, or + otherwise transmitted with respect to all clean claims + submitted under this part within the applicable number + of calendar days after the date on which the claim is + received. + ``(B) Definitions.--In this paragraph: + ``(I) Clean claim.--The term `clean claim' + means a claim, with respect to a covered part D + drug, that has no apparent defect or + impropriety (including any lack of any required + substantiating documentation) or particular + circumstance requiring special treatment that + prevents timely payment from being made on the + claim under this part. + ``(ii) Applicable number of calendar + days.--The term `applicable number of calendar + days' means-- + ``(I) with respect to claims + submitted electronically, 14 calendar + days; and + ``(II) with respect to claims + submitted otherwise, 30 calendar days. + ``(c) Interest payment.--If payment is not issued, + mailed, or otherwise transmitted within the applicable + number of calendar days (as defined in subparagraph + (B)) after a clean claim is received, interest shall be + paid at a rate used for purposes of section 3902(a) of + title 31, United States Code (relating to interest + penalties for failure to make prompt payments), for the + period beginning on the day after the required payment + date and ending on the date on which payment is made. + ``(D) Procedures involving claims.-- + ``(I) Claims deemed to be clean claims.-- + ``(I) In general.--A claim for a + covered part D drug shall be deemed to + be a clean claim for purposes of this + paragraph if the PDP sponsor involved + does not provide a notification of + deficiency to the claimant by the 10th + day that begins after the date on which + the claim is submitted. + ``(II) Notification of + deficiency.--For purposes of subclause + (II), the term `notification of + deficiency' means a notification that + specifies all defects or improprieties + in the claim involved and that lists + all additional information or documents + necessary for the proper processing and + payment of the claim. + ``(ii) Payment of clean portions of + claims.--A PDP sponsor shall, as appropriate, + pay any portion of a claim for a covered part D + drug that would be a clean claim but for a + defect or impropriety in a separate portion of + the claim in accordance with subparagraph (A). + ``(iii) Obligation to pay.--A claim for a + covered part D drug submitted to a PDP sponsor + that is not paid or contested by the provider + within the applicable number of calendar days + (as defined in subparagraph (B)) shall be + deemed to be a clean claim and shall be paid by + the PDP sponsor in accordance with subparagraph + (A). + ``(iv) Date of payment of claim.--Payment + of a clean claim under subparagraph (A) is + considered to have been made on the date on + which full payment is received by the provider. + ``(E) Electronic transfer of funds.--A PDP sponsor + shall pay all clean claims submitted electronically by + an electronic funds transfer mechanism.''. + (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 +U.S.C. 1395w-27) is amended by adding at the end the following new +paragraph: + ``(3) Incorporation of certain prescription drug plan + contract requirements.--The provisions of section 1860D- + 12(b)(4) shall apply to contracts with a Medicare Advantage + organization in the same manner as they apply to contracts with + a PDP sponsor offering a prescription drug plan under part + D.''. + (c) Effective Date.--The amendments made by this section shall +apply to contracts entered into or renewed on or after the date of the +enactment of this Act. + +SEC. 3. RESTRICTION ON CO-BRANDING. + + (a) Application to Prescription Drug Information Disseminated.-- +Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. +1395w-104) is amended by adding at the end the following new paragraph: + ``(5) Restriction on displaying pharmacy brand or trademark + information.-- + ``(A) In general.--It is unlawful for a PDP sponsor + of a prescription drug plan to display on any + explanatory information described in subparagraph (B), + with respect to benefits provided under this part, the + brand or trademark of any pharmacy. + ``(B) Explanatory information described.--For + purposes of subparagraph (A), explanatory information + is each of the following: + ``(i) Information on evidence of coverage + under this part. + ``(ii) Information that summarizes benefits + provided under this part. + ``(iii) Enrollment and disenrollment forms. + ``(iv) Enrollment and disenrollment + letters. + ``(v) Pharmacy directories. + ``(vi) Formulary information. + ``(vii) Grievance letters provided pursuant + to subsection (f), coverage determination + letters provided pursuant to subsection (g), + and appeals letters provided pursuant to + subsection (h). + ``(viii) Exceptions process letters. + ``(ix) Information contained in sales + descriptions or sales presentations.''. + (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such +section is amended by adding at the end the following new sentence: +``It is unlawful for a PDP sponsor of a prescription drug plan to +display on such a card the name, brand, or trademark of any pharmacy.'' + (c) Effective Date.-- + (1) Explanatory information.--With respect to explanatory + information dispensed on or after the date of the enactment of + this Act, the amendment made by subsection (a) shall apply to + such information on and after the date that is 90 days after + such date of enactment. + (2) Enrollee cards.--With respect to cards dispensed + before, on, or after the date of the enactment of this Act, the + amendment made by subsection (b) shall apply to such cards on + and after the date that is 90 days after such date of + enactment. Any card dispensed before such date that is 90 days + after the date of enactment that violates the second sentence + of section 1860D-4(b)(2)(A) of the Social Security Act, as + added by subsection (b), shall be reissued by such 90-day date.","Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines ""prompt payment"" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. + +Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.",To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D and to prohibit the inclusion of certain identifying information of pharmacies on explanatory prescription drug information and cards distributed by prescription drug plan sponsors.," The Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 aims to improve prompt payment by Medicare prescription drug plans and Medicare Advantage (MA) plans under Part D. It requires contracts with prescription drug plans (PDPs) to provide for payment within specified calendar days for clean claims. If payment is not made within the specified time, interest is to be paid at a rate used for purposes of section 3902(a) of title 31, United States Code. The act also restricts co-branding by prohibiting PDP sponsors from displaying pharmacy brand or trademark information on explanatory information or enrollee cards. These provisions apply to contracts entered or renewed on or after the date of enactment of this Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Health Care Access for Small +Businesses Act of 2003''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) For most of the past 16 years, the number of Americans + without health insurance has been on the rise, reaching more + than 41,000,000 in 2002. + (2) People without health insurance are less likely to get + preventive care and often delay or forgo needed care. They are + therefore more likely than those with health insurance to be + hospitalized for conditions that could have been avoided. + (3) Not only are the health and financial circumstances of + uninsured Americans adversely affected by the lack of health + insurance, their care is ultimately being paid for in the least + efficient manner: after they get sick. + (4) People who were uninsured during any part of 2001 + received $99,000,000,000 in care, of which $34,500,000,000 was + not paid for either out of pocket or by a private or public + insurance source. Federal, State, and local governments covered + 85 percent of such uncompensated care, amounting to + $30,000,000,000. + (5) Private health insurance enrollees also help pay for + uncompensated care through higher premiums. + (6) Covering more Americans will not only contribute to + better overall health, it will lower the amount of health care + costs assumed by taxpayers, businesses, and consumers. + (7) Helping small businesses gain access to affordable + health care benefits is essential to insuring more Americans. + (8) Eighty-two percent of uninsured people are part of + working families. + (9) More than \1/2\ of small businesses with less than 50 + employees do not offer their employees health insurance. + (10) Innovative community-based solutions have developed + and should serve as a model for insuring more Americans. + +SEC. 3. THREE-SHARE PROGRAMS. + + The Social Security Act (42 U.S.C. 301 et seq.) is amended by +adding at the end the following: + + ``TITLE XXII--PROVIDING FOR THE UNINSURED + +``SEC. 2201. THREE-SHARE PROGRAMS. + + ``(a) Certification.-- + ``(1) In general.--The Secretary, acting through the + Administrator, shall promulgate regulations for the + certification of three-share programs for purposes of section + 36 of the Internal Revenue Code. + ``(2) Three-share program requirements.-- + ``(A) In general.--The Administrator shall require, + for purposes of a certification under regulations under + paragraph (1) that each three-share program shall-- + ``(i) be either a non-profit or local + governmental entity; + ``(ii) define a region in which such + program will provide services; + ``(iii) have the capacity to carry out + administrative functions of managing health + plans, including monthly billings, + verification/enrollment of eligible employers + and employees, maintenance of membership + rosters, development of member materials (such + as handbooks and identification cards), + customer service, and claims processing; and + ``(iv) have community involvement, as + determined by the Administrator. + ``(B) Payment.--To obtain the certification + described in paragraph (1), a three-share program shall + pay the costs of services provided under subparagraph + (A)(ii) by charging a monthly premium for each covered + individual to be divided as follows: + ``(i) Not more than thirty percent of such + fee shall be paid by a qualified employee + desiring coverage under the three-share + program. + ``(ii) At least seventy percent of such fee + shall be paid by the qualified employer of such + a qualified employee. + ``(3) Coverage.-- + ``(A) In general.--To obtain the certification + described in paragraph (1) a 3-share program shall + provide at least the following benefits: + ``(i) Physicians services. + ``(ii) In-patient hospital services. + ``(iii) Out-patient services. + ``(iv) Emergency room visits. + ``(v) Emergency ambulance services. + ``(vi) Diagnostic lab fees and x-rays. + ``(vii) Prescription drug benefits. + ``(B) Limitation.--Nothing in subparagraph (A) + shall be construed to require that a three-share + program provide coverage for services performed outside + the region described in paragraph (2)(A)(i). + ``(C) Preexisting conditions.--A program described + in subparagraph (A) shall not be eligible for + certification under paragraph (1) if any individual can + be excluded from coverage under such program because of + a preexisting health condition. + ``(b) Startup Grants for Three-Share Programs.-- + ``(1) Establishment.--The Administrator may award startup + grants to eligible entities to establish three-share programs + for certification under subsection (a). + ``(2) Three-share program plan.--Each entity desiring a + grant under this subsection shall develop a plan for the + establishment and operation of a three-share program that meets + the requirements of paragraphs (2) and (3) of subsection (a). + ``(3) Application.--Each entity desiring a grant under this + subsection shall submit an application to the Administrator at + such time, in such manner and containing such information as + the Administrator may require, including-- + ``(A) the three-share program plan described in + paragraph (2); and + ``(B) an assurance that the eligible entity will-- + ``(i) determine a benefit package; + ``(ii) recruit businesses and employees for + the three-share program; + ``(iii) build and manage a network of + health providers or contract with an existing + network or licensed insurance provider; and + ``(iv) manage all administrative needs. + ``(4) Number of grants.--An eligible entity may receive + only 1 grant under this subsection for each three-share program + and may not receive a grant for such program under both this + subsection and subsection (c). + ``(c) Grants for Existing Three-Share Programs To Meet +Certification Requirements.-- + ``(1) In general.--The Administrator may award grants to + three-share programs that are operating on the date of + enactment of this section, to assist such programs in meeting + the certification requirements of subsection (a). + ``(2) Number of grants.--An eligible entity may receive + only 1 grant under this subsection for a three-share program + and may not receive a grant for such program under both this + subsection and subsection (b). + ``(3) Application.--Each eligible entity desiring a grant + under this subsection shall submit an application to the + Administrator at such time, in such manner, and containing such + information as the Administrator may require. + ``(d) Risk Pool Grants.-- + ``(1) In general.--The Administrator may award grants to + eligible entities administering certified three-share programs + to enhance the risk pools of such programs. + ``(2) Number of grants.--An eligible entity administering a + three-share program described in paragraph (1) may receive only + 1 grant under this subsection for such three-share program. + ``(3) Application.--Each eligible entity desiring a grant + under this subsection shall submit an application to the + Administrator at such time, in such manner, and containing such + information as the Administrator may require. + ``(e) Application of State Laws.--Nothing in this Act shall be +construed to preempt State law. + ``(f) Distressed Business Formula.-- + ``(1) In general.--Not later than 60 days after the date of + enactment of this section, the Administrator of the Health + Resources and Services Administration shall develop a formula + to determine which businesses qualify as distressed businesses + for purposes of this Act. + ``(2) Effect on insurance market.--Granting eligibility to + a distressed business using the formula under paragraph (1) + shall not interfere with the insurance market. Any business + found to have reduced benefits to qualify as a distressed + business under the formula under paragraph (1) shall not be + eligible for any three-share program certified pursuant to this + section. + ``(g) Definitions.--In this section: + ``(1) Administrator.--The term `Administrator' means the + Administrator of the Health Resources and Services + Administration. + ``(2) Covered individual.--The term `covered individual' + means-- + ``(A) a qualified employee; or + ``(B) a child under the age of 23 or a spouse of + such qualified employee who-- + ``(i) lacks access to health care coverage + through their employment or employer; + ``(ii) lacks access to health coverage + through a family member; + ``(iii) is not eligible for coverage under + the medicare program under title XVIII or the + medicaid program under title XIX; and + ``(iv) does not qualify for benefits under + the State Children's Health Insurance Program + under title XXI. + ``(3) Distressed business.--The term `distressed business' + means a business that-- + ``(A) in light of economic hardship and rising + health care premiums may be forced to discontinue or + scale back its health care coverage; and + ``(B) qualifies as a distressed business according + to the formula under subsection (f). + ``(4) Eligible entity.--The term `eligible entity' means an + entity that meets the requirements of subsection (a)(2)(A). + ``(5) Full time.--The term `full time', for purposes of + employment, means regularly working at least 35 hours per week. + ``(6) Qualified employee.--The term `qualified employee' + means any individual employed by a qualified employer who meets + certain criteria including-- + ``(A) working full time; + ``(B) lacking access to health coverage through a + family member or common law partner; + ``(C) not being eligible for coverage under the + medicare program under title XVIII or the medicaid + program under title XIX; and + ``(D) agreeing that the share of fees described in + subsection (a)(2)(B)(i) shall be paid in the form of + payroll deductions from the wages of such individual. + ``(7) Qualified employer.--The term `qualified employer' + means an employer as defined in section 3(d) of the Fair Labor + Standards Act of 1938 (29 U.S.C. 203(d)) who-- + ``(A) is a small business concern as defined in + section 3(a) of the Small Business Act (15 U.S.C. 632); + ``(B) is located in the region described in + subsection (a)(2)(A)(i); and + ``(C) has not contributed to the health care + benefits of its employees for at least 12 months + consecutively or currently provides insurance but is + classified as a distressed business. + ``(h) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section $50,000,000 for fiscal year 2004 +and such sums as may be necessary for each subsequent fiscal year.''. + +SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE + PROGRAM. + + (a) In General.--Subpart C of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 (relating to refundable credits) +is amended by redesignating section 36 as section 37 and inserting +after section 35 the following new section: + +``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM. + + ``(a) In General.--In the case of an eligible employer, there shall +be allowed as a credit against the tax imposed by this subtitle an +amount equal to 40 percent of the costs of a three-share program +resulting from the participation of the taxpayer in such program during +the taxable year. + ``(b) Eligible Employer.--For purposes of this section, the term +`eligible employer' means any employer which pays or incurs at least 70 +percent of the costs of a three-share program resulting from the +participation of the taxpayer in such program during the taxable year. + ``(c) Three-Share Program.--For purposes of this section, the term +`three-share program' means an employee health care coverage program +approved for participation by an eligible employer pursuant to title +XXII of the Social Security Act. + ``(d) Denial of Double Benefit.--No deduction or credit under any +other provision of this chapter shall be allowed with respect to costs +of a three-share program taken into account under subsection (a). + ``(e) Advanced Refundability.--The Secretary shall provide for the +advanced refundability of the credit allowed under this section to be +made in quarterly payments to taxpayers providing such information as +the Secretary requires in order to make a proper determination of such +payments. + ``(f) Regulations.--The Secretary may prescribe such regulations +and other guidance as may be necessary or appropriate to carry out this +section.''. + (b) Conforming Amendments.-- + (1) Paragraph (2) of section 1324(b) of title 31, United + States Code, is amended by inserting before the period ``, or + from section 36 of such Code''. + (2) The table of sections for subpart C of part IV of + chapter 1 of the Internal Revenue Code of 1986 is amended by + striking the last item and inserting the following new items: + + ``Sec. 36. Employer costs of three-share + program. + ``Sec. 37. Overpayments of tax.''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after the date of the enactment of +this Act.",Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII (Providing for the Uninsured) to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage (including prescription drug benefits) is paid by the qualified employee who lacks access to health coverage and desires coverage; and (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee.Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification.Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year.,"A bill to provide for the certification of programs to provide uninsured employees of small business access to health coverage, and for other purposes."," The Health Care Access for Small Businesses Act of 2003 aims to address the issue of increasing numbers of Americans without health insurance. The Act proposes the establishment of three-share programs for purposes of Section 36 of the Internal Revenue Code. These programs must be either non-profit or local governmental entities that define a region where they will provide services, have the capacity to manage health plans, and have community involvement. Employers and employees will be required to pay monthly premiums for coverage, with employers covering at least 70% of the fee. The Act also provides for startup grants for three-share programs, grants for existing programs to meet certification requirements, and risk pool grants for certified programs. The Act does not preempt state law and includes provisions for distressed businesses. A refundable credit for a portion of employer costs for three-share programs is also proposed." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Spectrum Relocation Improvement Act +of 2008''. + +SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM + RELOCATION PROCESS. + + (a) Eligible Federal Entities.--Section 113(g)(1) of the National +Telecommunications and Information Administration Organization Act (47 +U.S.C. 923(g)(1)) is amended to read as follows: + ``(1) Eligible federal entities.--Any Federal entity, as + defined in subsection (i), that operates a Federal Government + station assigned to a band of eligible frequencies, as + described in paragraph (2), and that incurs relocation costs + because of the reallocation of frequencies from Federal use to + non-Federal use shall receive payment for such costs from the + Spectrum Relocation Fund if the Federal entity is found by the + Office of Management and Budget (`OMB') to comply with the + requirements of this section and section 118. For purposes of + this paragraph, Federal power agencies exempted under + subsection (c)(4) that choose to relocate from the frequencies + identified for reallocation pursuant to subsection (a) are + eligible to receive payment under this paragraph.''. + (b) Public Information on Relocation Process.--Section 113(g) of +such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) +as paragraph (7) and by inserting after paragraph (5) the following new +paragraph: + ``(6) Public notice of relocation plans.-- + ``(A) Not later than 60 days after the date on + which the NTIA, on behalf of eligible Federal entities + and after review by OMB, notifies the Commission of + estimated relocation costs and timelines for such + relocation as required by subsection (g)(4)(A), NTIA + shall post on its website detailed transition plans + from each of the eligible Federal entities. Each + Federal entity's transition plan shall provide the + public with the following information about its + spectrum relocation requirements: + ``(i) Current use of the spectrum. + ``(ii) Geographic location of the Federal + entities' facilities or systems. + ``(iii) Frequency bands used by such + facilities or systems, described by geographic + location. + ``(iv) The steps to be taken by the Federal + entity to relocate its current spectrum uses + from the eligible frequencies, detailed + according to timelines for specific geographic + locations in sufficient detail to indicate when + use of such frequencies at specific locations + will be shared between the Federal entity and + the commercial licensee. + ``(v) The specific interactions between + eligible Federal entities and NTIA needed to + implement the transition plan. + ``(vi) The professional staff, including + managers, who are responsible for the Federal + entity's relocation efforts and who are + authorized to meet and negotiate with + commercial licensees regarding the relocation + process. + ``(vii) The Federal entity's plans and + timeline for using relocation funds received + from the Spectrum Relocation Fund. + ``(viii) The Federal entity's plans and + timeline for procuring new equipment and + additional personnel needed for the relocation. + ``(ix) The Federal entity's plans and + timeline for field-testing and deploying new + equipment needed in the relocation. + ``(x) The Federal entity's plans and + timeline for hiring and relying on contract + personnel, if any. + ``(xi) Risk factors in the relocation + process that could affect the Federal entity's + fulfillment of its transition plan. + ``(B) To be eligible to receive payment for + relocation costs from the Spectrum Relocation Fund-- + ``(i) Federal entities shall make the + transition plans described in this subsection + available to NTIA at least 60 days prior to the + date that NTIA must make such plans publicly + available on its website pursuant to + subparagraph (A), in a common format to be + specified by NTIA after public input; and + ``(ii) each transition plan shall be + evaluated by a standing 3-member technical + panel (in this section referred to as the + `Technical Panel'), which shall report to NTIA + and to the Federal entity, within 30 days after + the plan's submission to NTIA, on the + sufficiency of the plan under this paragraph, + including whether the required public + information is included and whether proposed + timelines and estimated relocation costs are + reasonable. + ``(C) The Director of OMB, the Administrator of + NTIA, and the Chairman of the FCC shall each appoint + one member to the Technical Panel, and each such member + shall be a radio engineer or technical expert not + employed by, or a paid consultant to, any Federal or + State governmental agency. NTIA shall adopt regulations + to govern the workings of the Technical Panel after + public notice and comment, subject to OMB approval, and + the members of the Technical Panel shall be appointed, + within 180 days of the date of enactment of the + Spectrum Relocation Improvement Act of 2008. + ``(D) If any of the information otherwise required + in subparagraph (g)(6) is `classified information,' as + that term is defined in section 798(b) of title 18, + United States Code, the Federal entity's transition + plan shall explain the exclusion of any such + information as specifically as possible, shall make all + relevant non-classified information available in its + transition plan, and shall discuss as a risk factor the + extent of the classified information and the effect on + the relocation process of the classified + information.''. + (c) Sharing and Coordination of Spectrum Between Commercial +Licensees and Federal Entities During Relocation Transition.--Section +118 of such Act (47 U.S.C. 928) is amended by adding at the end the +following new subsections: + ``(f) Eligibility for Payment of Relocation Costs.-- + ``(1) Spectrum sharing.--To be eligible to receive payment + for relocation costs from the Spectrum Relocation Fund, a + Federal entity must-- + ``(A) in its transition plan for relocating its + current spectrum uses, provide, to the fullest extent + possible, for sharing and coordination of eligible + frequencies with commercial licensees, including + reasonable accommodation by the Federal entity for the + use of eligible frequencies by the commercial licensee + during the period that the Federal entity is relocating + its spectrum uses (in this subsection referred to as + the `transition period'); + ``(B) during the transition period, make itself + available, within 30 days after a written request, for + negotiation and discussion with commercial licensees; + and + ``(C) during the transition period, make available + to a commercial licensee with appropriate security + clearances any `classified information' as that term is + defined in section 798(b) of title 18, United States + Code, regarding the relocation process, on a need-to- + know basis, to assist the commercial licensee in the + relocation process with that Federal entity or other + Federal entities. + ``(2) Timely and successful completion of relocation.--In + addition to the conditions of paragraph (1), to be eligible to + receive payment for relocation costs from the Spectrum + Relocation Fund, a Federal entity must-- + ``(A) complete the relocation of its current + spectrum uses not later than 1 year after the date upon + which funds are transferred to the entity to fund the + relocation unless, prior to the date that NTIA is + required to post publicly the Federal entity's + transition plan, the Federal entity receives written + approval from OMB, with advice of NTIA, for a different + time period for completion; and + ``(B) make available to NTIA, not later than 15 + days prior to the date that is the halfway point of the + time period described in subparagraph (A), a complete + update of its transition plan. NTIA shall post such + update publicly on its website not later than the date + that is the halfway point of the time period described + in subparagraph (A). + ``(3) Nothing in paragraphs (1) or (2) shall be construed + to adversely affect critical communications related to the + mission of any Federal entity. + ``(4) Subject to subsection (d), payments for relocation + costs from the Spectrum Relocation Fund shall be made to an + eligible Federal entity not later than 30 days after the grant + of the first license following the close of the auction. + ``(g) Dispute Resolution Process.-- + ``(1) If, during the spectrum relocation process, a dispute + arises over the execution, timing, or cost of the Federal + entity's transition plan, either the Federal entity or the + affected commercial licensee may seek resolution of the dispute + from a 3-member dispute resolution board, consisting of a + representative of OMB, NTIA, and the Commission, and chaired by + the representative of OMB. + ``(2) The dispute resolution board shall meet with + representatives of the Federal entity and the commercial + licensee together to discuss the dispute. The dispute + resolution board may require the parties to make written + submissions to it. The dispute resolution board shall rule on + any dispute within 28 days after the date that the dispute was + brought before it. + ``(3) The dispute resolution board shall be assisted by the + Technical Panel described in section 113(g)(6)(C). + ``(4) Subject to OMB approval, NTIA shall adopt regulations + to govern the working of the dispute resolution board and the + role of the Technical Panel after public notice and comment + within 180 days after the date of enactment of the Spectrum + Relocation Improvement Act of 2008. + ``(5) Appeals may be taken from decisions of the dispute + resolution board to the United States Court of Appeals for the + District of Columbia Circuit by filing a notice of appeal with + that court within 30 days after the date of such decision. Each + party shall bear its own costs and expenses, including + attorneys' fees, for any litigation to enforce this subsection + or any decision rendered under it.''.","Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.",To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.," The Spectrum Relocation Improvement Act of 2008 aims to improve the process of relocating Federal entities from eligible frequencies to non-Federal use. It outlines the rights and responsibilities of Federal entities during this process, including public notice of relocation plans and sharing and coordination of spectrum between commercial licensees and Federal entities. The Act also establishes a dispute resolution process for any disputes that may arise during the relocation process." +"SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN + REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND + QUALIFIED CONSERVATION CONTRIBUTIONS. + + (a) Contributions of Capital Gain Real Property Made for +Conservation Purposes and of Qualified Conservation Contributions Not +Subject to Special Limitation on Contributions of Capital Gain +Property.--Subparagraph (C) of section 170(b)(1) of the Internal +Revenue Code of 1986 (relating to special limitation with respect to +contributions described in subparagraph (A) of capital gain property) +is amended by redesignating clause (iv) as clause (v) and by inserting +after clause (iii) the following new clause: + ``(iv) In the case of charitable + contributions described in subparagraph (A) of + capital gain property, clauses (i) and (ii) + shall not apply to-- + ``(I) any qualified conservation + contribution (as defined in section + 170(h)), or + ``(II) any other contribution of + capital gain property which is real + property if the contribution is of the + donor's entire interest in such + property and is to a qualified + organization (as defined in section + 170(h)(3)) which is organized for + conservation purposes (as defined in + section 170(h)(4)(A)) and which + provides the taxpayer, at the time of + such donation, a letter of intent which + contains an acknowledgment of the + donee's intent that the property is + being acquired for any such + conservation purpose.''. + (b) Unlimited Carryover for Contributions of Capital Gain Real +Property for Conservation Purposes and of Qualified Conservation +Contributions of Capital Gain Property.--Paragraph (1) of section +170(d) of such Code in amended by adding at the end the following new +subparagraph: + ``(C) Unlimited carryover for contributions of + capital gain real property for conservation purposes + and of qualified conservation contributions of capital + gain property.--The 5 taxable year limitation in + subparagraph (A) shall not apply to any charitable + contribution to which clauses (i) and (ii) of + subsection (b)(1)(C) do not apply by reason of clause + (iv) thereof. For purposes of this paragraph, the + excess described in the material preceding clause (i) + of subparagraph (A) shall be treated as attributable to + contributions described in the preceding sentence of + this subparagraph to the extent of such + contributions.''. + (c) Effective Date.--The amendment made by this section shall apply +to contributions made in taxable years beginning after the date of the +enactment of this Act. + +SEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND + SUBJECT TO QUALIFIED CONSERVATION EASEMENT. + + (a) Repeal of Certain Restrictions on Where Land Is Located.-- +Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of +1986 is amended to read as follows: + ``(i) which is located in the United States + or any possession of the United States,''. + (b) Repeal of Limitation on Exclusion.-- + (1) In general.--Paragraph (1) of section 2031(c) of such + Code is amended by striking ``the lesser of--'' and all that + follows and inserting ``the applicable percentage of the value + of land subject to a qualified conservation easement, reduced + by the amount of any deduction under section 2055(f) with + respect to such land.'' + (2) Conforming amendments.-- + (A) Subsection (c) of section 2031 of such Code is + amended by striking paragraph (3) and by redesignating + paragraphs (4) through (10) as paragraphs (3) through + (9), respectively. + (B) Paragraphs (2) and (6) of section 2031(c) of + such Code, as redesignated by subparagraph (A), are + each amended by striking ``paragraph (5)'' and + inserting ``paragraph (4)''. + (C) Paragraphs (1), (6), and (7)(A)(iii) of section + 2031(c) of such Code, as redesignated by subparagraph + (A), are each amended by striking ``paragraph (6)'' and + inserting ``paragraph (5)''. + (c) Date for Determining Value of Land and Easement.--Paragraph (2) +of section 2032(c) of such Code (defining applicable percentage) is +amended by adding at the end the following new sentence: ``The values +taken into account under the preceding sentence shall be such values as +of the date of the contribution referred to in paragraph (7)(B).'' + (d) Certain Commercial Recreational Uses Permitted.--Subparagraph +(B) of section 2031(c)(7) of such Code, as redesignated by subsection +(b), is amended to read as follows: + ``(B) Qualified conservation easement.-- + ``(i) In general.--The term `qualified + conservation easement' means a qualified + conservation contribution (as defined in + section 170(h)(1)) of a qualified real property + interest (as defined in section 170(h)(2)(C)), + except that clause (iv) of section 170(h)(4)(A) + shall not apply, and the restriction on the use + of such interest described in section + 170(h)(2)(C) shall include a prohibition on + more than a de minimis use for a commercial + recreational activity. + ``(ii) Special rules.--For purposes of this + paragraph-- + ``(I) Retained rights.--Rights + retained in the conservation easement + to lease the land for hunting and + fishing, so long as such leases are not + inconsistent with the conservation + purpose of the easement, shall be + deemed to be de minimis use. + ``(II) Pre-effective date + easements.--Easements otherwise + qualifying under the provisions of this + subsection that were donated on or + before the date of the enactment of + this subclause, shall be deemed to + allow no more than de minimis use for a + commercial recreational activity unless + by their terms they expressly provide + for commercial recreational activity in + excess of that otherwise allowed by + this subparagraph. + ``(III) Authority to extinguish + right of commercial recreation + activity.--For purposes of this + section, if the executor of an estate + and every person in being who has an + interest in the land execute an + agreement to amend or extinguish any + right under the easement of commercial + recreation activity in the land so as + to ensure that such land is used for no + more than de minimis commercial + recreational activity, such agreement + shall be treated as in effect as of the + date of the election described in + paragraph (5).'' + (e) Effective Date.--The amendments made by this section shall +apply to estates of decedents dying after the date of the enactment of +this Act.",Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement.,"To amend the Internal Revenue Code of 1986 to encourage contributions by individuals of capital gain real property for conservation purposes, to encourage qualified conservation contributions, and to modify the rules governing the estate tax exclusion for land subject to a qualified conservation easement.", This text discusses two sections related to tax modifications for encouraging contributions of capital gain real property made for conservation purposes and qualified conservation contributions. Section 1 focuses on modifying rules for contributions of capital gain real property for conservation purposes and qualified conservation contributions of capital gain property. Section 2 focuses on modifications to estate tax exclusion for land subject to qualified conservation easement. These modifications aim to encourage contributions to conservation efforts by providing tax benefits for donors. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Greater Sage Grouse Protection and +Recovery Act of 2016''. + +SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE. + + (a) Definitions.--In this section: + (1) Federal resource management plan.--The term ``Federal + resource management plan'' means-- + (A) a land use plan prepared by the Bureau of Land + Management for public lands pursuant to section 202 of + the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1712); or + (B) a land and resource management plan prepared by + the Forest Service for National Forest System lands + pursuant to section 6 of the Forest and Rangeland + Renewable Resources Planning Act of 1974 (16 U.S.C. + 1604). + (2) Greater sage grouse.--The term ``Greater Sage Grouse'' + means a sage grouse of the species Centrocercus urophasianus. + (3) State management plan.--The term ``State management + plan'' means a State-approved plan for the protection and + recovery of the Greater Sage Grouse. + (b) Purpose.--The purpose of this section is-- + (1) to facilitate implementation of State management plans + over a period of multiple, consecutive Greater Sage Grouse life + cycles; and + (2) to demonstrate the efficacy of the State management + plans for the protection and recovery of the Greater Sage + Grouse. + (c) Delay in Making Endangered Species Act of 1973 Finding.-- + (1) Delay required.--In the case of any State with a State + management plan, the Secretary of the Interior may not make a + finding under clause (i), (ii), or (iii) of section 4(b)(3)(B) + of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) + with respect to the Greater Sage Grouse in that State before + September 30, 2026. + (2) Effect on other laws.--The delay imposed by paragraph + (1) is, and shall remain, effective without regard to any other + statute, regulation, court order, legal settlement, or any + other provision of law or in equity. + (3) Effect on conservation status.--Until the date + specified in paragraph (1), the conservation status of the + Greater Sage Grouse shall remain not warranted for listing + under the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.). + (d) Coordination of Federal Land Management and State Management +Plans.-- + (1) Prohibition on withdrawals and modifications of federal + resource management plans.--In order to foster coordination + between a State management plan and Federal resource management + plans that affect the Greater Sage Grouse, upon notification by + the Governor of a State with a State management plan, the + Secretary of the Interior and the Secretary of Agriculture, as + applicable, may not exercise authority under section 204 of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) + to make, modify, or extend any withdrawal, nor amend or + otherwise modify any Federal resource management plan + applicable to Federal land in the State, in a manner + inconsistent with the State management plan for a period, to be + specified by the Governor in the notification, of at least five + years beginning on the date of the notification. + (2) Retroactive effect.--In the case of any State that + provides notification under paragraph (1), if any withdrawal + was made, modified, or extended or if any amendment or + modification of a Federal resource management plan applicable + to Federal lands in the State was issued during the three-year + period preceding the date of the notification and the + withdrawal, amendment, or modification altered management of + the Greater Sage Grouse or its habitat, implementation and + operation of the withdrawal, amendment, or modification shall + be stayed to the extent that the withdrawal, amendment, or + modification is inconsistent with the State management plan. + The Federal resource management plan, as in effect immediately + before the amendment or modification, shall apply instead with + respect to management of the Greater Sage Grouse and its + habitat, to the extent consistent with the State management + plan. + (3) Determination of inconsistency.--Any disagreement + regarding whether a withdrawal, or an amendment or other + modification of a Federal resource management plan, is + inconsistent with a State management plan shall be resolved by + the Governor of the affected State. + (e) Relation to National Environmental Policy Act of 1969.--With +regard to any major Federal action consistent with a State management +plan, any findings, analyses, or conclusions regarding the Greater Sage +Grouse or its habitat under section 102(2)(C) of the National +Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have +a preclusive effect on the approval or implementation of the major +Federal action in that State. + (f) Reporting Requirement.--Not later than one year after the date +of the enactment of this Act and annually thereafter through 2026, the +Secretary of the Interior and the Secretary of Agriculture shall +jointly submit to the Committee on Energy and Natural Resources of the +Senate and the Committee on Natural Resources of the House of +Representatives a report on the Secretaries' implementation and +effectiveness of systems to monitor the status of Greater Sage Grouse +on Federal lands under their jurisdiction. + (g) Judicial Review.--Notwithstanding any other provision of +statute or regulation, the requirements and implementation of this +section, including determinations made under subsection (d)(3), are not +subject to judicial review.","Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.",Greater Sage Grouse Protection and Recovery Act of 2016," The Greater Sage Grouse Protection and Recovery Act of 2016 aims to facilitate the implementation of State management plans for the protection and recovery of the Greater Sage Grouse over multiple life cycles. It prohibits the Secretary of the Interior from making certain findings under the Endangered Species Act of 1973 with respect to the Greater Sage Grouse before September 30, 2026. The Act also prohibits withdrawals and modifications of federal resource management plans that affect the Greater Sage Grouse without coordination with state management plans for at least five years. Disagreements regarding inconsistencies between federal and state plans are to be resolved by the Governor of the affected state. The Act does not allow for judicial review of its requirements and implementation." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Exxon Valdez Oil Spill Tax Treatment +Act''. + +SEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON + VALDEZ LITIGATION. + + (a) Income Averaging of Amounts Received From the Exxon Valdez +Litigation.-- + (1) In general.--At the election of a qualified taxpayer + who receives qualified settlement income during a taxable year, + the tax imposed by chapter 1 of the Internal Revenue Code of + 1986 for such taxable year shall be equal to the sum of-- + (A) the tax which would be imposed under such + chapter if-- + (i) no amount of elected qualified + settlement income were included in gross income + for such year, and + (ii) no deduction were allowed for such + year for expenses (otherwise allowable as a + deduction to the taxpayer for such year) + attributable to such elected qualified + settlement income, plus + (B) the increase in tax under such chapter which + would result if taxable income for each of the years in + the applicable period were increased by an amount equal + to the applicable fraction of the elected qualified + settlement income reduced by any expenses (otherwise + allowable as a deduction to the taxpayer) attributable + to such elected qualified settlement income. + Any adjustment under this section for any taxable year shall be + taken into account in applying this section for any subsequent + taxable year. + (2) Coordination with farm income averaging.--If a + qualified taxpayer makes an election with respect to any + qualified settlement income under paragraph (1) for any taxable + year, such taxpayer may not elect to treat such amount as + elected farm income under section 1301 of the Internal Revenue + Code of 1986. + (3) Definitions.--For purposes of this subsection-- + (A) Applicable period.--The term ``applicable + period'' means the period beginning on January 1, 1994, + and ending on December 31 of the year in which the + elected qualified settlement income is received. + (B) Applicable fraction.--The term ``applicable + fraction'' means the fraction the numerator of which is + one and the denominator of which is the number of years + in the applicable period. + (C) Elected qualified settlement income.--The term + ``elected qualified settlement income'' means so much + of the taxable income for the taxable year which is-- + (i) qualified settlement income, and + (ii) specified under the election under + paragraph (1). + (b) Contributions of Amounts Received to Retirement Accounts.-- + (1) In general.--Any qualified taxpayer who receives + qualified settlement income during the taxable year may, at any + time before the end of the taxable year in which such income + was received, make one or more contributions to an eligible + retirement plan of which such qualified taxpayer is a + beneficiary in an aggregate amount not to exceed the amount of + qualified settlement income received during such year. + (2) Time when contributions deemed made.--For purposes of + paragraph (1), a qualified taxpayer shall be deemed to have + made a contribution to an eligible retirement plan on the last + day of the taxable year in which such income is received if the + contribution is made on account of such taxable year and is + made not later than the time prescribed by law for filing the + return for such taxable year (not including extensions + thereof). + (3) Treatment of contributions to eligible retirement + plans.--For purposes of the Internal Revenue Code of 1986, if a + contribution is made pursuant to paragraph (1) with respect to + qualified settlement income, then-- + (A) except as provided in paragraph (4)-- + (i) to the extent of such contribution, the + qualified settlement income shall not be + included in taxable income, and + (ii) for purposes of section 72 of such + Code, such contribution shall not be considered + to be investment in the contract, and + (B) the qualified taxpayer shall, to the extent of + the amount of the contribution, be treated-- + (i) as having received the qualified + settlement income-- + (I) in the case of a contribution + to an individual retirement plan (as + defined under section 7701(a)(37) of + such Code), in a distribution described + in section 408(d)(3) of such Code, and + (II) in the case of any other + eligible retirement plan, in an + eligible rollover distribution (as + defined under section 402(f)(2) of such + Code), and + (ii) as having transferred the amount to + the eligible retirement plan in a direct + trustee to trustee transfer within 60 days of + the distribution. + (4) Special rule for roth iras and roth 401(k)s.--For + purposes of the Internal Revenue Code of 1986, if a + contribution is made pursuant to paragraph (1) with respect to + qualified settlement income to a Roth IRA (as defined under + section 408A(b) of such Code) or as a designated Roth + contribution to an applicable retirement plan (within the + meaning of section 402A of such Code), then-- + (A) the qualified settlement income shall be + includible in taxable income, and + (B) for purposes of section 72 of such Code, such + contribution shall be considered to be investment in + the contract. + (5) Eligible retirement plan.--For purpose of this + subsection, the term ``eligible retirement plan'' has the + meaning given such term under section 402(c)(8)(B) of the + Internal Revenue Code of 1986. + (c) Qualified Settlement Income Not Included in SECA.--For purposes +of chapter 2 of the Internal Revenue Code of 1986 and section 211 of +the Social Security Act, no portion of qualified settlement income +received by a qualified taxpayer shall be treated as self-employment +income. + (d) Qualified Taxpayer.--For purposes of this section, the term +``qualified taxpayer'' means-- + (1) any plaintiff in the civil action In re Exxon Valdez, + No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or + (2) any beneficiary of the estate of such a plaintiff who-- + (A) acquired the right to receive qualified + settlement income from that plaintiff; and + (B) was the spouse or an immediate relative of that + plaintiff. + (e) Qualified Settlement Income.--For purposes of this section, the +term ``qualified settlement income'' means income received (whether as +lump sums or periodic payments) in connection with the civil action In +re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), +including interest (whether pre- or post judgment and whether related +to a settlement or judgment).","Exxon Valdez Oil Spill Tax Treatment Act - Allows taxpayers who are plaintiffs in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action for the period beginning on January 1, 1994, and ending on December 31 of the year in which any settlement income is received; and (2) make contributions of any amount of such settlement income to certain tax-exempt retirement plans in the year such income is received.",A bill to provide for the tax treatment of income received in connection with the litigation concerning the Exxon Valdez oil spill and for other purposes., The Exxon Valdez Oil Spill Tax Treatment Act aims to provide tax treatment for income received in connection with the Exxon Valdez litigation. It allows qualified taxpayers to average their income from the settlement over a specified period and make contributions to retirement accounts based on their qualified settlement income. The Act also states that qualified settlement income is not included in self-employment income for Social Security purposes. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Crime Victims with Disabilities Act +of 2006''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Adults with disabilities experience violence or abuse + at least twice as often as people without disabilities. + (2) Women with disabilities are more likely to be + victimized, to experience more severe and prolonged violence, + and to suffer more serious and chronic effects from that + violence, than women without such disabilities. + (3) An estimated 5,000,000 crimes are committed against + individuals with developmental disabilities annually. + (4) Over 70 percent of crimes committed against individuals + with developmental disabilities are not reported. + +SEC. 3. PURPOSE. + + (a) In General.--The purpose of this Act is to increase the +awareness, investigation, prosecution, and prevention of crimes against +individuals with a disability, including developmental disabilities, +and improve services to those who are victimized, by facilitating +collaboration among the criminal justice system and a range of agencies +and other organizations that provide services to individuals with +disabilities. + (b) Need for Collaboration.--Collaboration among the criminal +justice system and agencies and other organizations that provide +services to individuals with disabilities is needed to-- + (1) protect individuals with disabilities by ensuring that + crimes are reported, and that reported crimes are actively + investigated by both law enforcement agencies and agencies and + other organizations that provide services to individuals with + disabilities; + (2) provide prosecutors with adequate training to ensure + that crimes against individuals with disabilities are + appropriately and effectively addressed in court; and + (3) promote communication among criminal justice agencies, + and agencies and other organizations that provide services to + individuals with disabilities, including Victim Assistance + Organizations, to ensure that the needs of crime victims with + disabilities are met. + +SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES + COLLABORATION PROGRAM. + + The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. +3711 et seq.) is amended by adding at the end the following: + + ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH + DISABILITIES + +``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM + GRANTS. + + ``(a) Definitions.--In this section: + ``(1) Applicant.--The term `applicant' means a State, unit + of local government, Indian tribe, or tribal organization that + applies for a grant under this section. + ``(2) Collaboration program.--The term `collaboration + program' means a program to ensure coordination between or + among a criminal justice agency, an adult protective services + agency, a victim assistance organization, and an agency or + other organization that provides services to individuals with + disabilities, including but not limited to individuals with + developmental disabilities, to address crimes committed against + individuals with disabilities and to provide services to + individuals with disabilities who are victims of crimes. + ``(3) Criminal justice agency.--The term `criminal justice + agency' means an agency of a State, unit of local government, + Indian tribe, or tribal organization that is responsible for + detection, investigation, arrest, enforcement, adjudication, or + incarceration relating to the violation of the criminal laws of + that State, unit of local government, Indian tribe, or tribal + organization, or an agency contracted to provide such services. + ``(4) Adult protective services agency.--The term `adult + protective services agency' means an agency that provides adult + protective services to adults with disabilities, including-- + ``(A) receiving reports of abuse, neglect, or + exploitation; + ``(B) investigating the reports described in + subparagraph (A); + ``(C) case planning, monitoring, evaluation, and + other casework and services; and + ``(D) providing, arranging for, or facilitating the + provision of medical, social service, economic, legal, + housing, law enforcement, or other protective, + emergency, or support services for adults with + disabilities. + ``(5) Day program.--The term `day program' means a + government or privately funded program that provides care, + supervision, social opportunities, or jobs to individuals with + disabilities. + ``(6) Implementation grant.--The term `implementation + grant' means a grant under subsection (e). + ``(7) Individuals with disabilities.--The term `individuals + with disabilities' means individuals-- + ``(A) 18 years of age or older; and + ``(B) whose ability to provide for their own + health, safety, or welfare is compromised because of-- + ``(i) a developmental, cognitive, physical, + or other disability; or + ``(ii) a lack of sufficient understanding + or capacity to make or communicate responsible + decisions concerning their person or affairs. + ``(8) Planning grant.--The term `planning grant' means a + grant under subsection (f). + ``(9) Secretary.--The term `Secretary' means the Secretary + of Health and Human Services. + ``(10) Unit of local government.--The term `unit of local + government' means any city, county, township, town, borough, + parish, village, or other general purpose political subdivision + of a State. + ``(b) Authorization.--In consultation with the Secretary, the +Attorney General may make grants to applicants to prepare a +comprehensive plan for or to implement a collaboration program that +provides for-- + ``(1) the investigation and remediation of instances of + abuse of or crimes committed against individuals with + disabilities; or + ``(2) the provision of services to individuals with + disabilities who are the victims of a crime or abuse. + ``(c) Use of Funds.--A grant under this section shall be used for a +collaborative program that-- + ``(1) receives reports of abuse of individuals with + disabilities or crimes committed against such individuals; + ``(2) investigates and evaluates reports of abuse of or + crimes committed against individuals with disabilities; + ``(3) visits the homes or other locations of abuse, and, if + applicable, the day programs of individuals with disabilities + who have been victims of abuse or a crime for purposes of, + among other things, assessing the scene of the abuse and + evaluating the condition and needs of the victim; + ``(4) identifies the individuals responsible for the abuse + of or crimes committed against individuals with disabilities; + ``(5) remedies issues identified during an investigation + described in paragraph (2); + ``(6) prosecutes the perpetrator, where appropriate, of any + crime identified during an investigation described in paragraph + (2); and + ``(7) provides services to and enforces statutory rights of + individuals with disabilities who are the victims of a crime. + ``(d) Applications.-- + ``(1) In general.--To receive a planning grant or an + implementation grant, an applicant shall submit an application + to the Attorney General at such time, in such manner, and + containing such information as the Attorney General, in + consultation with the Secretary, may reasonably require, in + addition to the information required by subsection (e)(1) or + (f)(1), respectively. + ``(2) Combined planning and implementation grant + application.-- + ``(A) In general.--The Attorney General, in + consultation with the Secretary, shall develop a + procedure allowing an applicant to submit a single + application requesting both a planning grant and an + implementation grant. + ``(B) Conditional grant.--The award of an + implementation grant to an applicant submitting an + application under subparagraph (A) shall be conditioned + on successful completion of the activities funded under + the planning grant, if applicable. + ``(e) Planning Grants.-- + ``(1) Applications.--An application for a planning grant + shall include, at a minimum-- + ``(A) a budget; + ``(B) a budget justification; + ``(C) a description of the outcome measures that + will be used to measure the effectiveness of the + program; + ``(D) a schedule for completing the activities + proposed in the application; and + ``(E) a description of the personnel necessary to + complete activities proposed in the application. + ``(2) Period of grant.--A planning grant shall be made for + a period of 1 year, beginning on the first day of the month in + which the planning grant is made. + ``(3) Amount.--The amount of planning grant shall not + exceed $50,000, except that the Attorney General may, for good + cause, approve a grant in a higher amount. + ``(4) Limit on number.--The Attorney General, in + consultation with the Secretary, shall not make more than 1 + such planning grant to any State, unit of local government, + Indian tribe, or tribal organization. + ``(f) Implementation Grants.-- + ``(1) Implementation grant applications.--An application + for an implementation grant shall include the following: + ``(A) Collaboration.--An application for an + implementation grant shall-- + ``(i) identify not fewer than 1 criminal + justice enforcement agency or adult protective + services organization and not fewer than 1 + agency, crime victim assistance program, or + other organization that provides services to + individuals with disabilities that will + participate in the collaborative program; and + ``(ii) describe the responsibilities of + each participating agency or organization, + including how each agency or organization will + use grant funds to facilitate improved + responses to reports of abuse and crimes + committed against individuals with + disabilities. + ``(B) Guidelines.--An application for an + implementation grant shall describe the guidelines that + will be developed for personnel of a criminal justice + agency, adult protective services organization, crime + victim assistance program, and agencies or other + organizations responsible for services provided to + individuals with disabilities to carry out the goals of + the collaborative program. + ``(C) Financial.--An application for an + implementation grant shall-- + ``(i) explain why the applicant is unable + to fund the collaboration program adequately + without Federal funds; + ``(ii) specify how the Federal funds + provided will be used to supplement, and not + supplant, the funding that would otherwise be + available from the State, unit of local + government, Indian tribe, or tribal + organization; and + ``(iii) outline plans for obtaining + necessary support and continuing the proposed + collaboration program following the conclusion + of the grant under this section. + ``(D) Outcomes.--An application for an + implementation grant shall-- + ``(i) identify the methodology and outcome + measures, as required by the Attorney General, + in consultation with the Secretary, for + evaluating the effectiveness of the + collaboration program, which may include-- + ``(I) the number and type of + agencies participating in the + collaboration; + ``(II) any trends in the number and + type of cases referred for + multidisciplinary case review; + ``(III) any trends in the + timeliness of law enforcement review of + reported cases of violence against + individuals with a disability; and + ``(IV) the number of persons + receiving training by type of agency; + ``(ii) describe the mechanisms of any + existing system to capture data necessary to + evaluate the effectiveness of the collaboration + program, consistent with the methodology and + outcome measures described in clause (i) and + including, where possible, data regarding-- + ``(I) the number of cases referred + by the adult protective services + agency, or other relevant agency, to + law enforcement for review; + ``(II) the number of charges filed + and percentage of cases with charges + filed as a result of such referrals; + and + ``(III) the period of time between + reports of violence against individuals + with disabilities and law enforcement + review; and + ``(iii) include an agreement from any + participating or affected agency or + organization to provide the data described in + clause (ii). + ``(E) Form of data.--The Attorney General, in + consultation with the Secretary, shall promulgate and + supply a common electronic reporting form or other + standardized mechanism for reporting of data required + under this section. + ``(F) Collaboration set aside.--Not less than 5 + percent and not more than 10 percent of the funds + provided under an implementation grant shall be set + aside to procure technical assistance from any + recognized State model program or from a recognized + national organization, as determined by the Attorney + General (in consultation with the Secretary), including + the National District Attorneys Association and the + National Adult Protective Services Association. + ``(G) Other programs.--An applicant for an + implementation grant shall describe the relationship of + the collaboration program to any other program of a + criminal justice agency or other agencies or + organizations providing services to individuals with + disabilities of the State, unit of local government, + Indian tribe, or tribal organization applying for an + implementation grant. + ``(2) Period of grant.-- + ``(A) In general.--An implementation grant shall be + made for a period of 2 years, beginning on the first + day of the month in which the implementation grant is + made. + ``(B) Renewal.--An implementation grant may be + renewed for 1 additional period of 2 years, if the + applicant submits to the Attorney General and the + Secretary a detailed explanation of why additional + funds are necessary. + ``(3) Amount.--An implementation grant shall not exceed + $300,000. + ``(g) Evaluation of Program Efficacy.-- + ``(1) Establishment.--The Attorney General, in consultation + with the Secretary, shall establish a national center to + evaluate the overall effectiveness of the collaboration + programs funded under this section. + ``(2) Responsibilities.--The national center established + under paragraph (1) shall-- + ``(A) analyze information and data supplied by + grantees under this section; and + ``(B) submit an annual report to the Attorney + General and the Secretary that evaluates the number and + rate of change of reporting, investigation, and + prosecution of charges of a crime or abuse against + individuals with disabilities. + ``(3) Authorization.--The Attorney General may use not more + than $500,000 of amounts made available under subsection (h) to + carry out this subsection. + ``(h) Authorization of Appropriations.--There are authorized to be +appropriated to the Department of Justice to carry out this section-- + ``(1) $10,000,000 for fiscal year 2007; and + ``(2) such sums as are necessary for each of fiscal years + 2008 through 2013.''.","Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, and/or other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs.","A bill to create a grant program for collaboration programs that ensure coordination among criminal justice agencies, adult protective service agencies, victim assistance programs, and other agencies or organizations providing services to individuals with disabilities in the investigation and response to abuse of or crimes committed against such individuals."," The Crime Victims with Disabilities Act of 2006 aims to increase awareness, investigation, prosecution, and prevention of crimes against individuals with disabilities, including developmental disabilities. It emphasizes the need for collaboration among the criminal justice system and various organizations that provide services to individuals with disabilities to protect them, ensure reported crimes are actively investigated, provide adequate training for prosecutors, and promote communication among criminal justice agencies and organizations that provide services to individuals with disabilities. The Act amends the Omnibus Crime Control and Safe Streets Act of 1968 to include grants for collaboration programs that provide services to individuals with disabilities who are victims of crime or abuse." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Junk Fax Prevention Act of 2004''. + +SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED + ADVERTISEMENTS. + + (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the +Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read +as follows: + ``(C) to use any telephone facsimile machine, + computer, or other device to send, to a telephone + facsimile machine, an unsolicited advertisement-- + ``(i) to a person who has made a request to + such sender that complies with the requirements + under paragraph (2)(D), not to send future + unsolicited advertisements to a telephone + facsimile machine; or + ``(ii) to a person not described in clause + (i), unless-- + ``(I) the sender has an established + business relationship (which term, for + purposes of this subclause, shall have + the meaning given the term in section + 64.1200 of the Commission's + regulations, as in effect on January 1, + 2003, except that such term shall apply + to a business subscriber in the same + manner in which it applies to a + residential subscriber) with such + person; and + ``(II) the unsolicited + advertisement contains a conspicuous + notice on the first page of the + unsolicited advertisement that-- + ``(aa) states that the + recipient may make a request to + the sender of the unsolicited + advertisement not to send any + future unsolicited + advertisements to such + telephone facsimile machine and + that failure to comply, within + the shortest reasonable time, + as determined by the + Commission, with such a request + meeting the requirements under + paragraph (2)(D) is unlawful; + ``(bb) sets forth the + requirements for a request + under paragraph (2)(D); and + ``(cc) includes a domestic + contact telephone and facsimile + number for the recipient to + transmit such a request to the + sender, neither of which may be + a number for a pay-per-call + service (as such term is + defined in section 228(i)); any + number supplied shall permit an + individual or business to make + a do-not-fax request during + regular business hours; or''. + (b) Request to Opt-Out of Future Unsolicited Advertisements.-- +Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 +U.S.C. 227(b)(2)) is amended-- + (1) in subparagraph (B), by striking ``and'' at the end; + (2) in subparagraph (C), by striking the period at the end + and inserting a semicolon; and + (3) by adding at the end the following new subparagraphs: + ``(D) shall provide, by rule, that a request not to + send future unsolicited advertisements to a telephone + facsimile machine complies with the requirements under + this subparagraph only if-- + ``(i) the request identifies the telephone + number of the telephone facsimile machine to + which the request relates; + ``(ii) the request is made to the telephone + or facsimile number of the sender of such an + unsolicited advertisement provided pursuant to + paragraph (1)(C)(ii)(II)(cc) or by any other + method of communication as determined by the + Commission; and + ``(iii) the person making the request has + not, subsequent to such request, provided + express invitation or permission to the sender, + in writing or otherwise, to send such + advertisements to such person at such telephone + facsimile machine; and + ``(E) may, in the discretion of the Commission and + subject to such conditions as the Commission may + prescribe, allow professional trade associations that + are tax-exempt nonprofit organizations to send + unsolicited advertisements to their members in + furtherance of the association's tax-exempt purpose + that do not contain the notice required by paragraph + (1)(C)(ii)(II), except that the Commission may take + action under this subparagraph only by regulation + issued after notice and opportunity for public comment + in accordance with section 553 of title 5, United + States Code, and only if the Commission determines that +such notice is not necessary to protect the right of the members of +such trade associations to make a request to their trade associations +not to send any future unsolicited advertisements.''. + (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of +the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by +inserting ``, in writing or otherwise'' before the period at the end. + (d) Regulations.--Not later than 270 days after the date of the +enactment of this Act, the Federal Communications Commission shall +issue regulations to implement the amendments made by this section. + +SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. + + Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is +amended by adding at the end the following new subsection: + ``(g) Junk Fax Enforcement Report.--The Commission shall submit a +report to the Congress for each year regarding the enforcement of the +provisions of this section relating to sending of unsolicited +advertisements to telephone facsimile machines, which shall include the +following information: + ``(1) The number of complaints received by the Commission + during such year alleging that a consumer received an + unsolicited advertisement via telephone facsimile machine in + violation of the Commission's rules. + ``(2) The number of such complaints received during the + year on which the Commission has taken action. + ``(3) The number of such complaints that remain pending at + the end of the year. + ``(4) The number of citations issued by the Commission + pursuant to section 503 during the year to enforce any law, + regulation, or policy relating to sending of unsolicited + advertisements to telephone facsimile machines. + ``(5) The number of notices of apparent liability issued by + the Commission pursuant to section 503 during the year to + enforce any law, regulation, or policy relating to sending of + unsolicited advertisements to telephone facsimile machines. + ``(6) For each such notice-- + ``(A) the amount of the proposed forfeiture penalty + involved; + ``(B) the person to whom the notice was issued; + ``(C) the length of time between the date on which + the complaint was filed and the date on which the + notice was issued; and + ``(D) the status of the proceeding. + ``(7) The number of final orders imposing forfeiture + penalties issued pursuant to section 503 during the year to + enforce any law, regulation, or policy relating to sending of + unsolicited advertisements to telephone facsimile machines. + ``(8) For each such forfeiture order-- + ``(A) the amount of the penalty imposed by the + order; + ``(B) the person to whom the order was issued; + ``(C) whether the forfeiture penalty has been paid; + and + ``(D) the amount paid. + ``(9) For each case in which a person has failed to pay a + forfeiture penalty imposed by such a final order, whether the + Commission referred such matter to the Attorney General for + recovery of the penalty. + ``(10) For each case in which the Commission referred such + an order to the Attorney General-- + ``(A) the number of days from the date the + Commission issued such order to the date of such + referral; + ``(B) whether the Attorney General has commenced an + action to recover the penalty, and if so, the number of + days from the date the Commission referred such order + to the Attorney General to the date of such + commencement; and + ``(C) whether the recovery action resulted in + collection of any amount, and if so, the amount + collected.''. + +SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. + + (a) In General.--The Comptroller General of the United States shall +conduct a study regarding complaints received by the Federal +Communications Commission concerning unsolicited advertisements sent to +telephone facsimile machines, which shall determine-- + (1) the number and nature of such complaints; + (2) the number of such complaints that result in final + agency actions by the Commission; + (3) the length of time taken by the Commission in + responding to such complaints; + (4) the mechanisms established by the Commission to + receive, investigate, and respond to such complaints; + (5) the level of enforcement success achieved by the + Commission and the Attorney General regarding such complaints; + (6) whether complainants to the Commission are adequately + informed by the Commission of the responses to their + complaints; and + (7) whether additional enforcement measures are necessary + to protect consumers, including recommendations regarding such + additional enforcement measures. + (b) Additional Enforcement Remedies.--In conducting the analysis +and making the recommendations required under paragraph (7) of +subsection (a), the Comptroller General shall specifically examine-- + (1) the adequacy of existing statutory enforcement actions + available to the Commission; + (2) the adequacy of existing statutory enforcement actions + and remedies available to consumers; + (3) the impact of existing statutory enforcement remedies + on senders of facsimiles; + (4) whether increasing the amount of financial penalties is + warranted to achieve greater deterrent effect; and + (5) whether establishing penalties and enforcement actions + for repeat violators or abusive violations similar to those + established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. + 7703) would have a greater deterrent effect. + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the Comptroller General shall submit a report on +the results of the study under this section to Committee on Energy and +Commerce of the House of Representatives and the Committee on Commerce, +Science, and Transportation of the Senate.","Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. + +Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. + +Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.",A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.," The Junk Fax Prevention Act of 2004 aims to prohibit the use of telephone facsimile machines to send unsolicited advertisements to individuals who have requested not to receive such advertisements. The Act also requires that unsolicited advertisements contain a conspicuous notice on the first page, informing the recipient of their right to opt-out of future advertisements. Additionally, the Act allows professional trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members without the notice requirement, under certain conditions. The Federal Communications Commission is required to issue regulations to implement these amendments within 270 days after the enactment of this Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Canyon Mountain Land Conveyance Act +of 2013''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Federal land.--The term ``Federal land'' means the + approximately 17,826 acres of Federal land, as generally + depicted on the map entitled ``Canyon Mountain Land + Conveyance'', and dated June 27, 2013. + (2) Planning area.--The term ``planning area'' means land-- + (A) administered by the Director of the Bureau of + Land Management; and + (B) located in-- + (i) the Coos Bay District; + (ii) the Eugene District; + (iii) the Medford District; + (iv) the Roseburg District; + (v) the Salem District; and + (vi) the Klamath Falls Resource Area of the + Lakeview District. + (3) Definition of public domain land.-- + (A) In general.--In this subsection, the term + ``public domain land'' has the meaning given the term + ``public lands'' in section 103 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1702). + (B) Exclusion.--The term ``public domain land'' + does not include any land managed in accordance with + the Act of August 28, 1937 (50 Stat. 874, chapter 876; + 43 U.S.C. 1181a et seq.). + (4) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (5) Tribe.--The term ``Tribe'' means the Cow Creek Band of + Umpqua Tribe of Indians. + +SEC. 3. CONVEYANCE. + + (a) In General.--Subject to valid existing rights, including +rights-of-way, all right, title, and interest of the United States in +and to the Federal land, including any improvements located on the +Federal land, appurtenances to the Federal land, and minerals on or in +the Federal land, including oil and gas, shall be-- + (1) held in trust by the United States for the benefit of + the Tribe; and + (2) part of the reservation of the Tribe. + (b) Survey.--Not later than 180 days after the date of enactment of +this Act, the Secretary shall complete a survey of the boundary lines +to establish the boundaries of the land taken into trust under +subsection (a). + +SEC. 4. MAP AND LEGAL DESCRIPTION. + + (a) In General.--As soon as practicable after the date of enactment +of this Act, the Secretary shall file a map and legal description of +the Federal land with-- + (1) the Committee on Energy and Natural Resources of the + Senate; and + (2) the Committee on Natural Resources of the House of + Representatives. + (b) Force and Effect.--The map and legal description filed under +subsection (a) shall have the same force and effect as if included in +this Act, except that the Secretary may correct any clerical or +typographical errors in the map or legal description. + (c) Public Availability.--The map and legal description filed under +subsection (a) shall be on file and available for public inspection in +the Office of the Secretary. + +SEC. 5. ADMINISTRATION. + + (a) In General.--Unless expressly provided in this Act, nothing in +this Act affects any right or claim of the Tribe existing on the date +of enactment of this Act to any land or interest in land. + (b) Prohibitions.-- + (1) Exports of unprocessed logs.--Federal law (including + regulations) relating to the export of unprocessed logs + harvested from Federal land shall apply to any unprocessed logs + that are harvested from the Federal land. + (2) Non-permissible use of land.--Any real property taken + into trust under section 3 shall not be eligible, or used, for + any gaming activity carried out under Public Law 100-497 (25 + U.S.C. 2701 et seq.). + +SEC. 6. FOREST MANAGEMENT. + + Any commercial forestry activity that is carried out on the Federal +land shall be managed in accordance with all applicable Federal laws. + +SEC. 7. LAND RECLASSIFICATION. + + (a) Identification of Oregon and California Railroad Land.--Not +later than 180 days after the date of enactment of this Act, the +Secretary of Agriculture and the Secretary shall identify any land +owned by the Oregon and California Railroad that is conveyed under +section 3. + (b) Identification of Public Domain Land.--Not later than 18 months +after the date of enactment of this Act, the Secretary shall identify +public domain land that-- + (1) is approximately equal in acreage and condition as the + land identified under subsection (a); and + (2) is located within the planning area. + (c) Maps.--Not later than 2 years after the date of enactment of +this Act, the Secretary shall submit to Congress and publish in the +Federal Register 1 or more maps depicting the land identified in +subsections (a) and (b). + (d) Reclassification.-- + (1) In general.--After providing an opportunity for public + comment, the Secretary shall reclassify the land identified in + subsection (b) as land owned by the Oregon and California + Railroad. + (2) Applicability.--The Act of August 28, 1937 (50 Stat. + 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land + reclassified as land owned by the Oregon and California + Railroad under paragraph (1)(B).","Canyon Mountain Land Conveyance Act of 2013 - Holds in trust for the Cow Creek Band of Umpqua Tribe of Indians (Tribe) all right, title, and interest of the United States in and to approximately 17,826 acres of federal land generally depicted on the map entitled "Canyon Mountain Land Conveyance," dated June 27, 2013. Makes that land part of the Tribe's reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribe. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribe. ",Canyon Mountain Land Conveyance Act of 2013," The Canyon Mountain Land Conveyance Act of 2013 aims to convey approximately 17,826 acres of federal land to the Cow Creek Band of Umpqua Tribe of Indians. The land is located within the planning area consisting of six districts. The conveyed land will be held in trust by the United States for the benefit of the tribe and will be part of their reservation. The Act also addresses forest management, land reclassification, and prohibits certain uses of the land." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Uranium Mining Modernization Act''. + +SEC. 2. FEDERAL LANDS URANIUM LEASING. + + The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by +redesignating section 44 as section 45, and by inserting after section +43 the following new section: + +``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. + + ``(a) In General.-- + ``(1) Withdrawal from entry; leasing requirement.-- + Effective upon the date of enactment of this section, all + Federal lands are hereby permanently withdrawn from location + and entry under section 2319 of the Revised Statutes (30 U.S.C. + 22 et seq.) for uranium. After the end of the 2-year period + beginning on such date of enactment, no uranium may be produced + from Federal lands except pursuant to a lease issued under this + Act. + ``(2) Leasing.--The Secretary-- + ``(A) may divide any lands subject to this Act that + are not withdrawn from mineral leasing and that are + otherwise available for uranium leasing under + applicable law, including lands available under the + terms of land use plans prepared by the Federal agency + managing the land, into leasing tracts of such size as + the Secretary finds appropriate and in the public + interest; and + ``(B) thereafter shall, in the Secretary's + discretion, upon the request of any qualified applicant + or on the Secretary's own motion, from time to time, + offer such lands for uranium leasing and award uranium + leases thereon by competitive bidding. + ``(b) Fair Market Value Required.-- + ``(1) In general.--No bid for a uranium lease shall be + accepted that is less than the fair market value, as determined + by the Secretary, of the uranium subject to the lease. + ``(2) Public comment.--Prior to the Secretary's + determination of the fair market value of the uranium subject + to the lease, the Secretary shall give opportunity for and + consideration to public comments on the fair market value. + ``(3) Disclosure not required.--Nothing in this section + shall be construed to require the Secretary to make public the + Secretary's judgment as to the fair market value of the uranium + to be leased, or the comments the Secretary receives thereon + prior to the issuance of the lease. + ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases +covering lands the surface of which is under the jurisdiction of any +Federal agency other than the Department of the Interior may be issued +only-- + ``(1) upon consent of the head of the other Federal agency; + and + ``(2) upon such conditions the head of such other Federal + agency may prescribe with respect to the use and protection of + the nonmineral interests in those lands. + ``(d) Consideration of Effects of Mining.--Before issuing any +uranium lease, the Secretary shall consider effects that mining under +the proposed lease might have on an impacted community or area, +including impacts on the environment, on agricultural, on cultural +resources, and other economic activities, and on public services. + ``(e) Notice of Proposed Lease.--No lease sale shall be held for +lands until after a notice of the proposed offering for lease has been +given once a week for three consecutive weeks in a newspaper of general +circulation in the county in which the lands are situated, or in +electronic format, in accordance with regulations prescribed by the +Secretary. + ``(f) Auction Requirements.--All lands to be leased under this +section shall be leased to the highest responsible qualified bidder-- + ``(1) under general regulations; + ``(2) in units of not more than 2,560 acres that are as + nearly compact as possible; and + ``(3) by oral bidding. + ``(g) Required Payments.-- + ``(1) In general.--A lease under this section shall be + conditioned upon the payment by the lessee of-- + ``(A) a royalty at a rate of not less than 12.5 + percent in amount or value of the production removed or + sold under the lease; and + ``(B) a rental of-- + ``(i) not less than $2.50 per acre per year + for the first through fifth years of the lease; + and + ``(ii) not less than $3 per acre per year + for each year thereafter. + ``(2) Use of revenues.--Amounts received as revenues under + this subsection with respect to a lease may be used by the + Secretary of the Interior, subject to the availability of + appropriations, for cleaning up uranium mill tailings and + reclaiming abandoned uranium mines on Federal lands in + accordance with the priorities and eligibility restrictions, + respectively, under subsections (c) and (d) of section 411 of + the Surface Mining Control and Reclamation Act of 1977 (30 + U.S.C. 1240a). + ``(h) Lease Term.--A lease under this section-- + ``(1) shall be effective for a primary term of 10 years; + and + ``(2) shall continue in effect after such primary term for + so long is as uranium is produced under the lease in paying + quantities. + ``(i) Exploration Licenses.-- + ``(1) In general.--The Secretary may, under such + regulations as the Secretary may prescribe, issue to any person + an exploration license. No person may conduct uranium + exploration for commercial purposes on lands subject to this + Act without such an exploration license. Each exploration + license shall be for a term of not more than two years and + shall be subject to a reasonable fee. An exploration license + shall confer no right to a lease under this Act. The issuance + of exploration licenses shall not preclude the Secretary from + issuing uranium leases at such times and locations and to such + persons as the Secretary deems appropriate. No exploration + license may be issued for any land on which a uranium lease has + been issued. A separate exploration license shall be required + for exploration in each State. An application for an + exploration license shall identify general areas and probable + methods of exploration. Each exploration license shall be + limited to specific geographic areas in each State as + determined by the Secretary, and shall contain such reasonable + conditions as the Secretary may require, including conditions + to ensure the protection of the environment, and shall be + subject to all applicable Federal, State, and local laws and + regulations. Upon violation of any such conditions or laws the + Secretary may revoke the exploration license. + ``(2) Limitations.--A licensee may not cause substantial + disturbance to the natural land surface. A licensee may not + remove any uranium for sale but may remove a reasonable amount + of uranium from the lands subject to this Act included under + the Secretary's license for analysis and study. A licensee must + comply with all applicable rules and regulations of the Federal + agency having jurisdiction over the surface of the lands + subject to this Act. Exploration licenses covering lands the + surface of which is under the jurisdiction of any Federal + agency other than the Department of the Interior may be issued + only upon such conditions as it may prescribe with respect to + the use and protection of the nonmineral interests in those + lands. + ``(3) Sharing of data.--The licensee shall furnish to the + Secretary copies of all data (including geological, + geophysical, and core drilling analyses) obtained during such + exploration. The Secretary shall maintain the confidentiality + of all data so obtained until after the areas involved have + been leased or until such time as the Secretary determines that + making the data available to the public would not damage the + competitive position of the licensee, whichever comes first. + ``(4) Exploration without a license.--Any person who + willfully conducts uranium exploration for commercial purposes + on lands subject to this Act without an exploration license + issued under this subsection shall be subject to a fine of not + more than $1,000 for each day of violation. All data collected + by such person on any Federal lands as a result of such + violation shall be made immediately available to the Secretary, + who shall make the data available to the public as soon as it + is practicable. No penalty under this subsection shall be + assessed unless such person is given notice and opportunity for + a hearing with respect to such violation. + ``(j) Conversion of Mining Claims to Mineral Leases.-- + ``(1) In general.--The owner of any mining claim (in this + subsection referred to as a `claimant') located prior to the + date of enactment of this section may, within two years after + such date, apply to the Secretary of the Interior to convert + the claim to a lease under this section. The Secretary shall + issue a uranium lease under this section to the claimant upon a + demonstration by the claimant, to the satisfaction of the + Secretary, within one year after the date of the application to + the Secretary, that the claim was, as of such date of + enactment, supported by the discovery of a valuable deposit of + uranium on the claimed land. The holder of a lease issued upon + conversion from a mining claim under this subsection shall be + subject to all the requirements of this section governing + uranium leases, except that the holder shall pay a royalty of + 6.25 percent on the value of the uranium produced under the + lease, until beginning ten years after the date the claim is + converted to a lease. + ``(2) Other claims extinguished.--All mining claims located + for uranium on Federal lands whose claimant does not apply to + the Secretary for conversion to a lease, or whose claimant + cannot make such a demonstration of discovery, shall become + null and void by operation of law three years after such date + of enactment.''.",Uranium Mining Modernization Act - Amends the Mineral Leasing Act to: (1) withdraw all fedral lands permanently from location and entry for uranium; and (2) prescribe a uranium leasing program for such lands.,"To amend the Mineral Leasing Act to permanently withdraw all Federal lands from location and entry for uranium mining, to provide for leasing of such lands under such Act for uranium mining, and for other purposes."," The Uranium Mining Modernization Act aims to modernize uranium mining on federal lands by amending the Mineral Leasing Act. It permanently withdraws federal lands from location and entry for uranium mining and requires leasing for uranium mining after two years from the date of enactment. The Secretary of the Interior is granted authority to divide lands for leasing tracts and offer them for uranium leasing through competitive bidding. Fair market value is required for bids, and public comment is considered before determining fair market value. Leases can be issued for lands under other federal agencies' jurisdiction with their consent. The Secretary must consider the effects of mining on impacted communities before issuing leases. Notice of proposed lease sales must be published in newspapers or electronic format. Auctions require leasing to the highest responsible qualified bidder in units of up to 2,560 acres. Leases are conditioned on payment by the lessee of royalties and rentals. Lease terms are for a primary term of 10 years, with extensions for as long as uranium is produced in paying quantities. Exploration licenses may be issued for two years, with reasonable fees, but do not confer the right to a lease. Licensees must comply with federal, state, and local laws and regulations and share exploration data with the Secretary. Violations may result in fines and penalties. Mining claim owners can convert their claims to leases within two years after enactment if they demonstrate valuable uranium deposits on the claimed land." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Prescription Drug Fairness for +Seniors Act of 1998''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--The Congress finds the following: + (1) Manufacturers of prescription drugs engage in price + discrimination practices that compel many older Americans to + pay substantially more for prescription drugs than the drug + manufacturers' most favored customers, such as health insurers, + health maintenance organizations, and the Federal Government. + (2) On average, older Americans who buy their own + prescription drugs pay twice as much for prescription drugs as + the drug manufacturers' most favored customers. In some cases, + older Americans pay over 15 times more for prescription drugs + than the most favored customers. + (3) The discriminatory pricing by major drug manufacturers + sustains their annual profits of $20,000,000,000, but causes + financial hardship and impairs the health and well-being of + millions of older Americans. More than one in eight older + Americans are forced to choose between buying their food and + buying their medicines. + (4) Most federally funded health care programs, including + Medicaid, the Veterans Health Administration, the Public Health + Service, and the Indian Health Service, obtain prescription + drugs for their beneficiaries at low prices. Medicare + beneficiaries are denied this benefit and cannot obtain their + prescription drugs at the favorable prices available to other + federally funded health care programs. + (5) It has been estimated that implementation of the policy + set forth in this Act will reduce prescription prices for + Medicare beneficiaries by more than 40 percent. + (6) In addition to substantially lowering health care costs + for older Americans, implementation of the policy set forth in + this Act will significantly improve the health and well-being + of older Americans and lower the costs to the Federal taxpayer + of the Medicare program. + (b) Purpose.--The purpose of this Act is to protect Medicare +beneficiaries from discriminatory pricing by drug manufacturers and to +make prescription drugs available to Medicare beneficiaries at +substantially reduced prices, by allowing pharmacies to purchase drugs +for Medicare beneficiaries at the substantially reduced price available +under the Federal Supply Schedule. + +SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. + + The Secretary of Health and Human Services shall furnish to each +Medicare beneficiary a drug benefit card that enables the beneficiary +to purchase covered prescription drugs from participating pharmacies at +reduced prices pursuant to section 4. + +SEC. 4. PARTICIPATING PHARMACIES. + + (a) Agreements to Participate.--Any qualified pharmacy may enter +into an agreement with the Secretary that enables the pharmacy to sell +covered outpatient drugs to holders of Medicare drug benefit cards at a +reduced price, by authorizing the pharmacy to operate as a +participating pharmacy under this Act. + (b) Right of Participating Pharmacies To Obtain Drugs.--An +agreement under this section shall entitle the participating pharmacy +to purchase any covered outpatient drug that is listed on the Federal +Supply Schedule of the General Services Administration at the +participating pharmacy discount price for that drug determined under +subsection (d). + (c) Quantity of Drugs Purchased.--An agreement under this section +shall permit the participating pharmacy to purchase under this Act as +much of a covered outpatient drug as is sold by the pharmacy to holders +of Medicare drug benefit cards. + (d) Participating Pharmacy Discount Price.-- + (1) In general.--The Secretary shall determine a + participating pharmacy discount price for each covered + outpatient drug. + (2) Determination.--The participating pharmacy discount + price for a covered outpatient drug shall be determined by + adding-- + (A) the price at which the drug is available to + Federal agencies from the Federal Supply Schedule under + section 8126 of title 38, United States Code; plus + (B) an amount that reflects the administrative + costs incurred by the Secretary in administering this + Act. + +SEC. 5. ADMINISTRATION. + + (a) In General.--The Secretary shall administer this Act in a +manner that uses existing methods of obtaining and distributing drugs +to the maximum extent possible, consistent with efficiency and cost +effectiveness. + (b) Regulations.--The Secretary shall issue such regulations as may +be necessary to implement this Act. + +SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. + + (a) In General.--Not later than 2 years after the date of the +enactment of this Act, and annually thereafter, the Secretary shall +report to the Congress regarding the effectiveness of this Act in-- + (1) protecting Medicare beneficiaries from discriminatory + pricing by drug manufacturers; and + (2) making prescription drugs available to Medicare + beneficiaries at substantially reduced prices. + (b) Consultation.--In preparing such reports, the Secretary shall +consult with public health experts, affected industries, organizations +representing consumers and older Americans, and other interested +persons. + (c) Recommendations.--The Secretary shall include in such reports +any recommendations they consider appropriate for changes in this Act +to further reduce the cost of covered outpatient drugs to Medicare +beneficiaries. + +SEC. 7. DEFINITIONS. + + In this Act: + (1) Covered outpatient drug.--The term ``covered outpatient + drug'' has the meaning given that term in section 1927(k)(2) of + the Social Security Act (42 U.S.C. 1396r-8(k)(2)). + (2) Medicare beneficiary.--The term ``Medicare + beneficiary'' means an individual entitled to benefits under + part A of title XVIII of the Social Security Act or enrolled + under part B of such title, or both. + (3) Medicare drug benefit card.--The term ``Medicare drug + benefit card'' means such a card issued under section 3. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + +SEC. 8. EFFECTIVE DATE. + + The Secretary shall implement this Act as expeditiously as +practicable and in a manner consistent with the obligations of the +United States.",Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.,Prescription Drug Fairness for Seniors Act of 1998," The Prescription Drug Fairness for Seniors Act of 1998 aims to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and make prescription drugs available to them at substantially reduced prices. The Act requires the Secretary of Health and Human Services to furnish each Medicare beneficiary with a drug benefit card that enables them to purchase covered prescription drugs from participating pharmacies at reduced prices. Participating pharmacies are allowed to sell covered outpatient drugs to cardholders at a reduced price determined by the Secretary. The Secretary is responsible for administering the Act using existing methods for obtaining and distributing drugs, while also issuing necessary regulations to implement it. Reports to Congress regarding the effectiveness of the Act must be submitted by the Secretary every year for two years after enactment." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``HUD Programs Information +Verification Act''. + +SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES. + + (a) Information Comparisons for Public and Assisted Housing +Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) +is amended by adding at the end the following new paragraph: + ``(7) Information comparisons for housing assistance + programs.-- + ``(A) Furnishing of information by hud.--Subject to + subparagraph (G), the Secretary of Housing and Urban + Development shall furnish to the Secretary, on such + periodic basis as determined by the Secretary of + Housing and Urban Development in consultation with the + Secretary, information in the custody of the Secretary + of Housing and Urban Development for comparison with + information in the National Directory of New Hires, in + order to obtain information in such Directory with + respect to individuals who are participating in any + program under-- + ``(i) the United States Housing Act of 1937 + (42 U.S.C. 1437 et seq.); + ``(ii) section 202 of the Housing Act of + 1959 (12 U.S.C. 1701q); + ``(iii) section 221(d)(3), 221(d)(5), or + 236 of the National Housing Act (12 U.S.C. + 1715l(d) and 1715z-1); + ``(iv) section 811 of the Cranston-Gonzalez + National Affordable Housing Act (42 U.S.C. + 8013); or + ``(v) section 101 of the Housing and Urban + Development Act of 1965 (12 U.S.C. 1701s). + ``(B) Requirement to seek minimum information.--The + Secretary of Housing and Urban Development shall seek + information pursuant to this section only to the extent + necessary to verify the employment and income of + individuals described in subparagraph (A). + ``(C) Duties of the secretary.-- + ``(i) Information disclosure.--The + Secretary, in cooperation with the Secretary of + Housing and Urban Development, shall compare + information in the National Directory of New + Hires with information provided by the + Secretary of Housing and Urban Development with + respect to individuals described in + subparagraph (A), and shall disclose + information in such Directory regarding such + individuals to the Secretary of Housing and + Urban Development, in accordance with this + paragraph, for the purposes specified in this + paragraph. + ``(ii) Condition on disclosure.--The + Secretary shall make disclosures in accordance + with clause (i) only to the extent that the + Secretary determines that such disclosures do + not interfere with the effective operation of + the program under this part. + ``(D) Use of information by hud.--The Secretary of + Housing and Urban Development may use information + resulting from a data match pursuant to this paragraph + only-- + ``(i) for the purpose of verifying the + employment and income of individuals described + in subparagraph (A); and + ``(ii) after removal of personal + identifiers, to conduct analyses of the + employment and income reporting of individuals + described in subparagraph (A). + ``(E) Disclosure of information by hud.-- + ``(i) Purpose of disclosure.--The Secretary + of Housing and Urban Development may make a + disclosure under this subparagraph only for the + purpose of verifying the employment and income + of individuals described in subparagraph (A). + ``(ii) Disclosures permitted.--Subject to + clause (iii), the Secretary of Housing and + Urban Development may disclose information + resulting from a data match pursuant to this + paragraph only to a public housing agency, the + Inspector General of the Department of Housing + and Urban Development, and the Attorney General + in connection with the administration of a + program described in subparagraph (A). + Information obtained by the Secretary of + Housing and Urban Development pursuant to this + paragraph shall not be made available under + section 552 of title 5, United States Code. + ``(iii) Conditions on disclosure.-- + Disclosures under this paragraph shall be-- + ``(I) made in accordance with data + security and control policies + established by the Secretary of Housing + and Urban Development and approved by + the Secretary; + ``(II) subject to audit in a manner + satisfactory to the Secretary; and + ``(III) subject to the sanctions + under subsection (l)(2). + ``(iv) Additional disclosures.-- + ``(I) Determination by + secretaries.--The Secretary of Housing + and Urban Development and the Secretary + shall determine whether to permit + disclosure of information under this + paragraph to persons or entities + described in subclause (II), based on + an evaluation made by the Secretary of + Housing and Urban Development (in + consultation with and approved by the + Secretary), of the costs and benefits + of disclosures made under clause (ii) + and the adequacy of measures used to + safeguard the security and + confidentiality of information so + disclosed. + ``(II) Permitted persons or + entities.--If the Secretary of Housing + and Urban Development and the Secretary + determine pursuant to subclause (I) + that disclosures to additional persons + or entities shall be permitted, + information under this paragraph may be + disclosed by the Secretary of Housing + and Urban Development to a private + owner, a management agent, and a + contract administrator in connection + with the administration of a program + described in subparagraph (A), subject + to the conditions in clause (iii) and + such additional conditions as agreed to + by the Secretaries. + ``(v) Restrictions on redisclosure.--A + person or entity to which information is + disclosed under this subparagraph may use or + disclose such information only as needed for + verifying the employment and income of + individuals described in subparagraph (A), + subject to the conditions in clause (iii) and + such additional conditions as agreed to by the + Secretaries. + ``(F) Reimbursement of hhs costs.--The Secretary of + Housing and Urban Development shall reimburse the + Secretary, in accordance with subsection (k)(3), for + the costs incurred by the Secretary in furnishing the + information requested under this paragraph. + ``(G) Consent.--The Secretary of Housing and Urban + Development shall not seek, use, or disclose + information under this paragraph relating to an + individual without the prior written consent of such + individual (or of a person legally authorized to + consent on behalf of such individual).''. + (b) Consent to Information Comparison and Use as Condition of Hud +Program Eligibility.--As a condition of participating in any program +authorized under-- + (1) the United States Housing Act of 1937 (42 U.S.C. 1437 + et seq.); + (2) section 202 of the Housing Act of 1959 (12 U.S.C. + 1701q); + (3) section 221(d)(3), 221(d)(5), or 236 of the National + Housing Act (12 U.S.C. 1715l(d) and 1715z-1); + (4) section 811 of the Cranston-Gonzalez National + Affordable Housing Act (42 U.S.C. 8013); or + (5) section 101 of the Housing and Urban Development Act of + 1965 (12 U.S.C. 1701s), +the Secretary of Housing and Urban Development may require consent by +an individual (or by a person legally authorized to consent on behalf +of such individual) for such Secretary to obtain, use, and disclose +information with respect to such individual in accordance with section +453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).",HUD Programs Information Verification Act - Amends part D (Child Support and Establishment of Paternity) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires.Sets forth data disclosure and use limitations.,To reduce overpayments of subsidies in Department of Housing and Urban Development housing assistance programs by providing for more accurate verification of employment and income of participants in such programs.," The HUD Programs Information Verification Act aims to improve data matching between the National Directory of New Hires and HUD programs for public and assisted housing. It requires the Secretary of Housing and Urban Development (HUD) to provide information to the Secretary for comparison with the National Directory of New Hires. This data will be used to verify the employment and income of individuals participating in specified HUD programs. HUD may use this information for verification purposes and for conducting analyses after removing personal identifiers. Disclosures can only be made for verification purposes and to specific entities such as public housing agencies, the Inspector General of HUD, and the Attorney General. HUD must reimburse the Secretary for any costs incurred in providing the requested information. As a condition of participating in HUD programs, individuals must provide consent for their information to be used and disclosed as specified in the Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Microenterprise and Youth +Entrepreneurship Development Act of 2011''. + +SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING + PROGRAM. + + (a) Definitions.--Section 172(5) of the Riegle Community +Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) +is amended-- + (1) in subparagraph (B) by striking ``or'' at the end; + (2) in subparagraph (C) by striking the period at the end + and inserting ``; or''; and + (3) by adding at the end the following: + ``(D) an entrepreneur that operates a business or + intends to operate a business in an investment area (as + such term is defined in section 103(16) of this + Act).''. + (b) Uses of Assistance.--Section 174 of the Riegle Community +Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is +amended-- + (1) in paragraph (3) by striking ``and'' at the end; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) by inserting after paragraph (3) the following: + ``(4) to advertise in print, electronic, and other media + the training and technical assistance provided under paragraph + (1); and''. + (c) Targeted Assistance.--Section 176(b) of the Riegle Community +Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) +is amended by striking ``50 percent'' and inserting ``60 percent''. + (d) Matching Requirements.--Section 177(c) of the Riegle Community +Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) +is amended by adding at the end the following: + ``(3) Consideration.--In determining whether to reduce or + eliminate matching requirements under paragraph (1), the + Administrator shall consider the impact of the economic crisis + of 2007 through 2009 on the geographic area in which an + applicant operates.''. + (e) Report.--Not later than 180 days after the date of enactment of +this Act, the Administrator of the Small Business Administration shall +submit to the Committee on Small Business of the House of +Representatives and the Committee on Small Business and +Entrepreneurship of the Senate a report describing recommendations for +improving the application and grant making process of the +microenterprise technical assistance and capacity building grant +program (carried out under subtitle C of title I of the Riegle +Community Development and Regulatory Improvement Act of 1994), +including recommendations, developed in consultation with stakeholders, +for streamlining the application and grant making process of that +program. + (f) Microenterprise Coordinator.-- + (1) Establishment.--Not later than 1 year after the date of + enactment of this Act, the Administrator shall establish in the + Small Business Administration the position of Microenterprise + Coordinator. + (2) Duties.--The Microenterprise Coordinator shall-- + (A) work to ensure that the contributions of + microenterprises to the economy are maximized; + (B) work to enhance, support, and coordinate the + programs of the Federal Government providing assistance + to microenterprises, including Federal technical + assistance programs; + (C) work to ensure that underserved entrepreneurs + are included in the programs of the Federal Government + providing assistance to microenterprises; + (D) make available to the public annually a + comprehensive list and description of each Federal + program that provides assistance to microenterprises; + and + (E) encourage public-private partnerships that + support entrepreneurship. + (3) Microenterprise defined.--In this subsection, the term + ``microenterprise'' has the meaning given that term in section + 172(10) of the Riegle Community Development and Regulatory + Improvement Act of 1994 (15 U.S.C. 6901(10)). + +SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP. + + (a) Establishment.--Not later than 1 year after the date of +enactment of this Act, the Administrator of the Small Business +Administration shall establish an Office of Youth Entrepreneurship (in +this section referred to as the ``Office'') in the Small Business +Administration. + (b) Director.--The Administrator shall appoint a Director of Youth +Entrepreneurship (in this section referred to as the ``Director'') to +serve as the head of the Office. + (c) Duties.--The Director shall-- + (1) carry out the youth entrepreneurship technical + assistance grant program described in subsection (d); + (2) carry out the youth entrepreneurship curriculum grant + program described in subsection (e); + (3) promote the growth of youth entrepreneurship by + establishing public-private partnerships and carrying out + advertising campaigns; + (4) sponsor and support State and national youth + entrepreneurship competitions that raise awareness of the + importance of small business development; + (5) study and promote Federal activities that support + entrepreneurship education; and + (6) support the establishment of public and private youth + entrepreneurship education and mentoring opportunities. + (d) Youth Entrepreneurship Technical Assistance Grant Program.--The +Director shall establish a program under which the Director may make +grants to assist entities, including nonprofit microenterprise +development organizations, to provide individuals under 25 years of age +with technical assistance related to entrepreneurship. + (e) Youth Entrepreneurship Curriculum Grant Program.-- + (1) In general.--The Director shall establish a program + under which the Director may make grants to a covered entity to + assist the development, improvement, or implementation of a + youth entrepreneurship curriculum that includes information on + the topics of-- + (A) securing capital and borrowing; + (B) business plan conception and drafting; + (C) accounting; + (D) management; and + (E) marketing. + (2) Application process.--To be eligible for a grant + described in paragraph (1), a covered entity shall submit to + the Director an application at such time, in such manner, and + containing such information as the Director may require, except + that the application shall include at least-- + (A) a description of the curriculum to be + developed, improved, or implemented; + (B) a description of how grant funds will be used; + (C) a description of goals relating to the use of + grant funds and the curriculum to be developed, + improved, or implemented; and + (D) a description of how progress will be measured + with respect to the goals described in subparagraph + (C). + (3) Covered entity defined.--In this subsection, the term + ``covered entity'' means a local educational agency in any of + the several States, the District of Columbia, or a territory or + possession of the United States and a local educational agency + of a federally recognized Indian tribe. + (f) Investment Areas.-- + (1) In general.--The Director shall ensure that at least 25 + percent of the amounts made available to carry out the Office + each fiscal year are used to assist youth in investment areas. + (2) Investment area defined.--In this subsection, the term + ``investment area'' has the meaning given that term in section + 103(16) of the Riegle Community Development and Regulatory + Improvement Act of 1994 (12 U.S.C. 4702(16)). + (g) Student Loan Assistance.--Not later than 180 days after the +date of enactment of this Act, the Director, in consultation with the +Secretary of Education, shall submit to Congress a report that includes +detailed recommendations for legislation-- + (1) establishing a program to forgive student loans in a + manner that assists youth entrepreneurship by making available + capital for business formation; and + (2) establishing a program to defer student loan repayments + in a manner that assists youth entrepreneurship by making + available capital for business formation. + +SEC. 4. GAO STUDY AND REPORT. + + (a) Study.--The Comptroller General of the United States shall +conduct a study on-- + (1) the economic impact of allowing youth entrepreneurs to + defer student loan repayments to make available capital for + business formation; + (2) the economic impact of increasing the participation of + individuals under 25 years of age in the microloan program of + the Small Business Administration (carried out under section + 7(m) of the Small Business Act (15 U.S.C. 636(m)), + notwithstanding the limited collateral and formal business + experience of such individuals; + (3) alternative methods for measuring creditworthiness that + may assist youth entrepreneurship; and + (4) actions Congress should consider to promote youth + entrepreneurship. + (b) Report.--Not later than 180 days after the date of enactment of +this Act, the Comptroller General shall submit to the Committee on +Small Business of the House of Representatives and the Committee on +Small Business and Entrepreneurship of the Senate a report on the +results of the study conducted under subsection (a).","Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of ""disadvantaged entrepreneur"" a microentrepreneur operating or intending to operate a business in an investment area. + +Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. + +Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. + +Directs the Administrator to establish an SBA Microenterprise Coordinator position. + +Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.","To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes."," The Microenterprise and Youth Entrepreneurship Development Act of 2011 aims to improve microenterprise technical assistance and capacity building programs, establish an Office of Youth Entrepreneurship within the Small Business Administration, and conduct a study on alternative methods for measuring creditworthiness that may assist youth entrepreneurship. The Act amends the Riegle Community Development and Regulatory Improvement Act of 1994 to include entrepreneurs operating businesses in investment areas as eligible for assistance. It also increases targeted assistance from 50% to 60% and adds provisions for advertising the training and technical assistance provided under the program. The Act establishes a Microenterprise Coordinator within the Small Business Administration to maximize microenterprise contributions to the economy, enhance and coordinate federal programs assisting microenterprises, ensure underserved entrepreneurs are included in federal programs, and encourage public-private partnerships supporting entrepreneurship. The Office of Youth Entrepreneurship is established to carry out youth entrepreneurship technical assistance and curriculum grant programs, promote growth of youth entrepreneurship through public-private partnerships and advertising campaigns, sponsor state and national youth entrepreneurship competitions, study and promote entrepreneurship education, and support youth entrepreneurship education and mentoring opportunities." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Improving Food-borne Illness +Surveillance and Response Act of 2008''. + +SEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE. + + (a) In General.-- + (1) Authority.--The Secretary of Health and Human Services + (referred to in this section as the ``Secretary'') shall + strengthen and expand food-borne illness surveillance systems + to-- + (A) inform and evaluate efforts to prevent food- + borne illness; and + (B) enhance the identification and investigation + of, and response to, food-borne illness outbreaks. + (2) Food-borne illness outbreak.--For purposes of this + section, the term ``food-borne illness outbreak'' means the + occurrence of 2 or more cases of a similar illness resulting + from the ingestion of a common food. + (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting +through the Director of the Centers for Disease Control and Prevention, +shall enhance food-borne illness surveillance systems to improve the +collection, analysis, reporting, and usefulness of data on food-borne +illnesses by-- + (1) coordinating food-borne illness surveillance systems, + including complaint systems, in order to-- + (A) produce better information on illnesses + associated with foods, including sources and risk + factors for infections by emerging pathogens; and + (B) facilitate sharing of data acquisition and + findings on a more timely basis among governmental + agencies, including the Food and Drug Administration, + the Food Safety and Inspection Service, and State and + local agencies, and with the public; + (2) augmenting such systems to improve attribution of a + food-borne illness outbreak to a specific food; + (3) developing improved epidemiological tools for obtaining + quality exposure data, microbiological methods for classifying + cases and detecting clusters, and improved tracebacks to + rapidly and specifically identify contaminated food products; + (4) expanding capacity of such systems for implementation + of fingerprinting strategies for food-borne infectious agents, + including parasites and hepatitis A, in order to increase + pathogen discovery efforts to identify new or rarely documented + causes of food-borne illness; + (5) allowing timely public access to de-identified, + aggregate surveillance data; + (6) at least annually, publishing current reports on + findings from such systems; + (7) exploring establishment of registries for long-term + case follow-up to better characterize late complications of + food-borne illness; + (8) increasing participation in national networks of public + health and food regulatory agencies and laboratories to-- + (A) allow public health officials at the Federal, + State, and local levels to share and accept laboratory + analytic findings; and + (B) identify food-borne illness outbreaks and + attribute such outbreaks to specific foods through + submission of standardized molecular subtypes (also + known as ``fingerprints'') of food-borne illness + pathogens to a centralized database; and + (9) establishing a flexible mechanism for rapidly + supporting scientific research by academic centers of + excellence, which may include staff representing academic + clinical researchers, food microbiologists, animal and plant + disease specialists, ecologists, and other allied disciplines. + (c) Improving State Surveillance Capacity.--The Secretary, acting +through the Director of the Centers for Disease Control and Prevention +and the Commissioner of Food and Drugs, shall improve capacity for +surveillance in the States by-- + (1) supporting outbreak investigations with needed + specialty expertise, including epidemiological, + microbiological, and environmental expertise, to assist + identification of underlying common sources and contributing + factors; + (2) identifying, disseminating, and supporting + implementation of model practices at the State and local level + for-- + (A) facilitating rapid shipment of clinical + isolates from clinical laboratories to State public + health laboratories to avoid delays in testing; + (B) conducting rapid and more standardized + interviewing of cases associated with major enteric + pathogens, including prior to designation of clusters + as food-borne illness outbreaks; + (C) conducting and evaluating rapid and + standardized interviews of healthy control persons; + (D) sharing information on a timely basis-- + (i) within public health and food + regulatory agencies; + (ii) among such agencies; + (iii) with the food industry; + (iv) with healthcare providers; and + (v) with the public; + (3) developing, regularly updating, and disseminating + training curricula on food-borne illness surveillance + investigations, including standard sampling methods and + laboratory procedures; + (4) integrating new molecular diagnostic tools for + parasites into web-based consultation services for parasitic + infections to accelerate the identification of these food-borne + infectious agents; + (5) supporting research to develop and deploy new subtyping + methods for salmonella, E. coli, campylobacter, and other + pathogens, to increase the speed and accuracy of diagnoses; + (6) determining minimum core competencies for public health + laboratories, and developing self-evaluation and proficiency- + testing tools for such laboratories; + (7) facilitating regional public health laboratory + partnerships to leverage resources, including equipment and + physical space, and increase surge capacity; + (8) providing technical assistance, which may include the + detailing of officers and employees of the Secretary, to State + and local public health and food regulatory agencies; + (9) partnering with the Food and Drug Administration to + increase communication, coordination, and integration of food- + borne illness surveillance and outbreak investigation + activities; and + (10) developing and periodically updating response and + interview procedures so that such procedures are standardized + and tested. + (d) Program Activities.--The Secretary shall carry out activities +to support core food safety functions of State and local public health +laboratories, including-- + (1) establishing fellowships, stipends, and scholarships to + address critical workforce shortages; + (2) training and coordination of State and local personnel; + (3) establishing partnerships between private and public + laboratories to facilitate sharing of positive enteric + specimens and improve surge capacity; + (4) strengthening capacity to participate in existing or + new food-borne illness surveillance systems; and + (5) the purchase and maintenance of data systems hardware + and software and laboratory equipment. + (e) Partnerships.--Not later than 180 days after the date of +enactment of the Improving Food-borne Illness Surveillance and Response +Act of 2008, the Secretary shall establish a diverse working group of +experts and stakeholders from Federal, State, and local food safety and +health agencies, the food industry, consumer organizations, and +academia. Such working group shall provide the Secretary, through at +least annual meetings of the working group and an annual public report, +advice and recommendations on an ongoing and regular basis regarding +the improvement of food-borne illness surveillance and implementation +of this section, including advice and recommendations on-- + (1) the priority needs of regulatory agencies, the food + industry, and consumers for information and analysis on food- + borne illness and its causes that can be used to prevent food- + borne illness; + (2) opportunities to improve the effectiveness of + initiatives at the Federal, State, and local levels, including + coordination and integration of activities among Federal + agencies, and between the Federal, State, and local levels of + government; + (3) improvement in the timeliness and depth of access by + regulatory and health agencies, the food industry, academic + researchers, and consumers to food-borne illness surveillance + data collected by government agencies at all levels, including + data compiled by the Centers for Disease Control and + Prevention; + (4) key barriers to improvement in food-borne illness + surveillance and its utility for preventing food-borne illness + at Federal, State, and local levels; and + (5) specific actions to reduce barriers to improvement, + implement the working group's recommendations, and achieve the + purposes of this section, with measurable objectives and + timelines, and identification of resource and staffing needs. + +SEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES. + + Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) +is amended by adding at the end the following: + + ``PART S--PROGRAMS RELATING TO FOOD + +``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND + LOCAL LEVEL. + + ``(a) Goals.--The Secretary shall leverage and enhance the food +safety capacity and roles of State and local agencies and integrate +State and local agencies as fully as possible into national food safety +efforts, in order to achieve the following goals: + ``(1) Improve food-borne illness outbreak response and + containment. + ``(2) Improve the contribution of food-borne illness + surveillance and investigation to the prevention of food-borne + illness. + ``(3) Strengthen oversight of food safety at the retail + level. + ``(4) Strengthen the capacity of State and local agencies + to carry out inspections and enforce safety standards in food + processing establishments, as part of a national strategy and + plan to provide an adequate level of inspection and achieve + compliance with safety standards in such establishments. + ``(5) Make more effective use of the Nation's combined food + safety resources to reduce the burden of food-borne illness. + ``(b) Survey.--In preparation for development of the plan required +by subsection (c), the Secretary shall, not later than 1 year after the +date of enactment of the Improving Food-borne Illness Surveillance and +Response Act of 2008, complete a survey of State and local capacities, +and needs for enhancement, with respect to-- + ``(1) staffing levels and expertise available to perform + food safety functions; + ``(2) laboratory capacity to support surveillance, outbreak + response, inspection, and enforcement activities; + ``(3) information systems to support data management and + sharing of food safety information among State and local + agencies and with counterparts at the Federal level; + ``(4) legal authorities of State and local agencies to + support the roles of such agencies in a national food safety + system; and + ``(5) organizational arrangements for managing and + coordinating food safety activities. + ``(c) Plan.--Taking into account the goals established in +subsection (a), results from the survey required in subsection (b), and +consultations with State and local agencies and other food safety +stakeholders, the Secretary shall, not later than 2 years after the +date of enactment of the Improving Food-borne Illness Surveillance and +Response Act of 2008, develop, publish, and begin implementation of a +plan that includes the following elements: + ``(1) Criteria for assessing the adequacy of State and + local capacity to perform food safety functions as part of a + national food safety system. + ``(2) Priorities for enhancing the capacity of State and + local agencies. + ``(3) Action plans for meeting the highest priority + capacity needs, including budget requirements and financing + plans that take into account Federal, State, and local + resources. + ``(4) Improved coordination and information flow among + Federal, State, and local agencies to strengthen food-borne + illness surveillance, outbreak response, and investigation and + to ensure that agencies at all levels have the information on + origins and causes of food-borne illness that such agencies + need to plan preventive measures. + ``(5) Integration of the inspection and compliance programs + in food processing establishments of the Food and Drug + Administration and State and local agencies, including-- + ``(A) joint planning and priority setting to ensure + that the collective effort has the greatest possible + impact on achieving compliance with food safety + standards and reducing food-borne illness; + ``(B) elimination of barriers to the free flow of + information among the Food and Drug Administration and + State and local agencies with respect to inspection and + compliance programs and integration of State and + Federal inspection and laboratory data systems; + ``(C) steps to expand, and ensure the vigor and + consistency of, State inspection of processing + establishments under contract to the Food and Drug + Administration; and + ``(D) reliance by the Food and Drug Administration + on State inspection and food sample analyses in Federal + enforcement activities. + ``(d) Food Safety Capacity Building Grants.-- + ``(1) In general.--The Secretary shall make grants to State + and local agencies to enhance State and local food safety + capacity and programs and support achievement of the goals + established in subsection (a). In awarding such grants, the + Secretary shall take into account the criteria and priorities + established by the Secretary under subsection (c). + ``(2) Funding.--There are authorized to be appropriated to + carry out paragraph (1), $25,000,000 for each of the fiscal + years 2010, 2011, and 2012. + ``(e) Report to Congress.--Not later than 1 year after the date of +enactment of the Improving Food-borne Illness Surveillance and Response +Act of 2008, and on an annual basis thereafter, the Secretary shall +submit to Congress a report that describes-- + ``(1) progress made in implementing this section, including + any obstacles to such implementation; and + ``(2) any legislative recommendations or additional + resources needed for full implementation.''.","Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. + +Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. + +Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise; (2) supporting model practices in states; and (3) developing training curricula on foodborne illness surveillance investigations. + +Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories; and (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. + +Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies; (2) survey state and local capacities and enhancement needs; (3) develop a plan addressing food safety functions at state and local levels; and (4) make grants to state and local agencies to enhance food safety capacity and programs.",A bill to provide for enhanced food-borne illness surveillance and food safety capacity.," The Improving Food-borne Illness Surveillance and Response Act of 2008 aims to enhance food-borne illness surveillance systems to inform and evaluate efforts to prevent food-borne illnesses and enhance the identification and investigation of food-borne illness outbreaks. The Act requires the Secretary of Health and Human Services to coordinate food-borne illness surveillance systems to improve data collection, analysis, reporting, and usefulness. It also calls for improving State surveillance capacity and establishing partnerships between federal, state, local food safety and health agencies, the food industry, consumer organizations, and academia. The Act seeks to leverage and enhance the food safety capacity and roles of state and local agencies, integrating them as fully as possible into national food safety efforts to achieve specific goals related to food-borne illness outbreak response, prevention, retail oversight, and inspection enforcement." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Heart Disease Education, Analysis, +Research, and Treatment for Women Act'' or the ``HEART for Women Act''. + +SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND + DEVICES. + + (a) In General.--The Comptroller General of the United States shall +conduct a study investigating the extent to which sponsors of clinical +studies of investigational drugs, biologics, and devices and sponsors +of applications for approval or licensure of new drugs, biologics, and +devices comply with Food and Drug Administration requirements and +follow guidance for presentation of clinical study safety and +effectiveness data by sex, age, and racial subgroups. + (b) Report by GAO.-- + (1) Submission.--Not later than 12 months after the date of + the enactment of this Act, the Comptroller General shall + complete the study under subsection (a) and submit to the + Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, + and Pensions of the Senate a report on the results of such + study. + (2) Contents.--The report required by paragraph (1) shall + include each of the following: + (A) A description of the extent to which the Food + and Drug Administration assists sponsors in complying + with the requirements and following the guidance + referred to in subsection (a). + (B) A description of the effectiveness of the Food + and Drug Administration's enforcement of compliance + with such requirements. + (C) An analysis of the extent to which females, + racial and ethnic minorities, and adults of all ages + are adequately represented in Food and Drug + Administration-approved clinical studies (at all + phases) so that product safety and effectiveness data + can be evaluated by gender, age, and racial subgroup. + (D) An analysis of the extent to which a summary of + product safety and effectiveness data disaggregated by + sex, age, and racial subgroup is readily available to + the public in a timely manner by means of the product + label or the Food and Drug Administration's Web site. + (E) Appropriate recommendations for-- + (i) modifications to the requirements and + guidance referred to in subsection (a); or + (ii) oversight by the Food and Drug + Administration of such requirements. + (c) Report by HHS.--Not later than 6 months after the submission by +the Comptroller General of the report required under subsection (b), +the Secretary of Health and Human Services shall submit to the +Committee on Energy and Commerce of the House of Representatives and +the Committee on Health, Education, Labor, and Pensions of the Senate a +response to such report, including a corrective action plan as needed +to respond to the recommendations in such report. + (d) Biennial Reports by the Food and Drug Administration.--Not +later than 2 years after the date of enactment of this Act, and every 2 +years thereafter-- + (1) the Director of the Office of Women's Health of the + Food and Drug Administration shall submit to the Committee on + Energy and Commerce of the House of Representatives and the + Committee on Health, Education, Labor, and Pensions of the + Senate, a report that includes each of the elements described + in subparagraphs (A) through (E) of subsection (b)(2), with + respect to women's health; and + (2) the Director of the Office of Minority Health of the + Food and Drug Administration shall submit to such Committees a + report that includes each of such elements, with respect to + minority health. + (e) Definitions.--In this section: + (1) The term ``biologic'' has the meaning given to the term + ``biological product'' in section 351(i) of the Public Health + Service Act (42 U.S.C. 262(i)). + (2) The term ``device'' has the meaning given to such term + in section 201(h) of the Federal Food, Drug, and Cosmetic Act + (21 U.S.C. 321(h)). + (3) The term ``drug'' has the meaning given to such term in + section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 321(g)). + +SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH + CARDIOVASCULAR DISEASES. + + Part P of title III of the Public Health Service Act (42 U.S.C. +280g et seq.) is amended by adding at the end the following: + +``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN + WITH CARDIOVASCULAR DISEASES. + + ``Not later than September 30, 2014, and annually thereafter, the +Secretary of Health and Human Services shall prepare and submit to the +Congress a report on the quality of and access to care for women with +heart disease, stroke, and other cardiovascular diseases. The report +shall contain recommendations for eliminating disparities in, and +improving the treatment of, heart disease, stroke, and other +cardiovascular diseases in women.''. + +SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. + + Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) +is amended-- + (1) in subsection (a)-- + (A) by striking the heading and inserting ``In + General.--''; and + (B) in the matter preceding paragraph (1), by + striking ``may make grants'' and all that follows + through ``purpose'' and inserting the following: ``may + make grants to such States for the purpose''; + (2) in subsection (d)(1), by striking ``there are + authorized'' and all that follows through the period and + inserting ``there are authorized to be appropriated $23,000,000 + for fiscal year 2012, $25,300,000 for fiscal year 2013, + $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year + 2015, and $34,000,000 for fiscal year 2016.''; and + (3) by adding at the end the following new subsection: + ``(e) Study.-- + ``(1) The Secretary shall (directly or through grants or + contracts) conduct a study of the impact of the Patient + Protection and Affordable Care Act on the preventive health + services, referrals, and follow-up services described in + subsection (a). + ``(2) Not later than 18 months after the date of enactment + of this subsection, the Secretary shall submit to the Committee + on Energy and Commerce of the House of Representatives and to + the Committee on Health, Education, Labor, and Pensions of the + Senate a report containing the results of the study under + paragraph (1) and recommendations for improving the provision + of preventive health services, referrals, and follow-up + services described in paragraph (1) to women eligible for such + services under grants funded under this section.''.","Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. + + Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. + +Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. + +Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.","To amend the Public Health Service Act to improve women's health by prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, and for other purposes."," The Heart Disease Education, Analysis, Research, and Treatment for Women Act (HEART for Women Act) aims to improve the quality and access to care for women with cardiovascular diseases. It requires the Comptroller General to study the extent to which sponsors of clinical studies for investigational drugs, biologics, and devices comply with Food and Drug Administration (FDA) requirements for presenting clinical study safety and effectiveness data by sex, age, and racial subgroups. The Secretary of Health and Human Services must submit a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases, including recommendations for eliminating disparities and improving treatment. The WISEWOMAN Program is extended with increased funding and requires a study on the impact of the Patient Protection and Affordable Care Act on preventive health services for women eligible for such services under grants funded under this section." +"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."," This text discusses amendments to Title XII of the Elementary and Secondary Education Act of 1965, focusing on the allocation of national limitation on qualified school construction bonds and the application of the Davis-Bacon Act to projects financed with these bonds. The amendments redesignate sections and introduce new sections to address the allocation of bonds, limitations, and the application of wage requirements from the Davis-Bacon Act to school construction projects financed with qualified school construction bonds." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Insurance Disclosure Act of 1997''. + +SEC. 2. DEFINITIONS. + + As used in this Act: + (1) Insurer.--The term ``insurer'' means any person, + reciprocal exchange, interinsurer, Lloyds insurer, fraternal + benefit society, or other legal entity engaged in the business + of insurance, including agents, brokers, adjusters, and third + party administrators. The term also includes health benefit + plans, health carriers, and life, disability, and property and + casualty insurers. + (2) Health benefit plan.--The term ``health benefit plan'' + means any public or private entity or program that provides for + payments for health care, including-- + (A) a group health plan (as defined in section + 2791(a)(1) of the Public Health Service Act (42 U.S.C. + 300gg-91(a)(1)), section 733(a)(1) of the Employee + Retirement Income Security Act of 1974 (29 U.S.C. + 1191b(a)(1)), or section 5000(b)(1) of the Internal + Revenue Code of 1986)); + (B) a multiple employer welfare arrangement (as + defined in section 3(40) of the Employee Retirement + Income Security Act (29 U.S.C. 1002(40))) that provides + benefits consisting of medical care (as defined in + section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), + including items and services paid for as medical care; + (C) any other health insurance arrangement, + including any arrangement consisting of a hospital or + medical expense incurred policy or certificate, + hospital or medical service plan contract, or health + maintenance organization subscriber contract; + (D) workers' compensation or similar insurance to + the extent that it relates to workers' compensation + medical benefits (as defined in regulations of the + Secretary); + (E) automobile medical insurance to the extent that + it relates to medical benefits (as defined in + regulations of the Secretary); and + (F) any other insurance providing for enrollees + medical benefits (as defined in regulations of the + Secretary) in the event of sickness, accident, + disability, death, or unemployment. + (3) Health carrier.--The term ``health carrier'' means a + person that contracts or offers to contract on a risk-assuming + basis to provide, deliver, arrange for, pay for, or reimburse + any of the cost of health care services, including a sickness + and accident insurance company, a health maintenance + organization, a nonprofit hospital and health service + corporation, or any other entity providing a plan of health + insurance, health benefits, or health services. + (4) Policy.--The term ``policy'' means a contract of + insurance, certificate, indemnity, suretyship, or annuity + issued, proposed for issuance, or intended for issuance by an + insurer, including endorsements or riders to an insurance + policy or contract. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + +SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL + EXAMINATIONS. + + An insurer shall take such actions as are necessary to ensure that, +in any case in which-- + (1) a medical examination of an individual is required for + initial or continued enrollment under a policy issued by the + insurer, and + (2) such medical examination is conducted by a person who + is in the employ of the insurer or whose services are procured + otherwise by the insurer, +such individual (or the individual's legal guardian) is provided all +medical information obtained from such examination at the same time +that such information is made available to the insurer and is +encouraged to make such information available to such individual's own +physician. + +SEC. 4. ENFORCEMENT. + + (a) Applicability of Certain Public Health Service Act +Provisions.-- + (1) In general.--For purposes of sections 2722 and 2723 of + the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), + the provisions of section 3 shall be deemed provisions of part + A of title XXVII of such Act. For purposes of sections 2761 and + 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions + of section 3 shall be deemed provisions of part B of such title + XXVII. + (2) Rules of construction.--In applying such sections 2722, + 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. + 300gg-91(d)) pursuant to paragraph (1)-- + (A) any reference to a ``health insurance issuer'' + shall be deemed a reference to an insurer (as defined + in section 2(1))); + (B) any reference to ``health insurance coverage'' + (including any such coverage offered in connection with + a group health plan) shall be deemed a reference to a + policy (as defined in section 2(4)); + (C) any reference to a ``group health plan'' shall + be deemed a reference to a group insurance plan (as + defined in section 111(b)(1) of the Employee Retirement + Income Security Act of 1974, and subject to the same + rules as apply with respect to group health plans under + section 2721(a) of the Public Health Service Act (42 + U.S.C. 300gg-21(a))); and + (D) any reference to part A or part B of title + XXVII of such Act shall be deemed a reference to + sections 2 through 6 of this Act. + (b) Private Cause of Action.-- + (1) In general.--An individual who believes that he or she + has been adversely affected by an act or practice of an insurer + in violation of section 3 may maintain an action against the + insurer in a Federal or State court of original jurisdiction. + Upon proof of such conduct by a preponderance of the evidence, + the court may award appropriate relief, including temporary, + preliminary, and permanent injunctive relief and compensatory + and punitive damages, as well as the costs of suit and + reasonable fees for the aggrieved individual's attorneys and + expert witnesses. With respect to compensatory damages, the + aggrieved individual may elect, at any time prior to the + rendering of final judgment, to recover in lieu of actual + damages, an award of statutory damages in the amount of $10,000 + for each violation. It shall be the duty of the Federal courts + to advance on the docket and to expedite to the greatest + possible extent the disposition of any action for temporary or + preliminary injunctive relief considered under this paragraph. + (2) Additional provisions relating to jurisdiction, venue, + attorney's fees, etc.-- + (A) In general.--Subject to subparagraph (B), + subsections (d), (e), (f), (g), (h), and (j) of section + 502 of the Employee Retirement Income Security Act of + 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) + shall apply with respect to a cause of action under + paragraph (1) in the same manner and to the same extent + as such subsections apply with respect to a cause of + action under section 502(a)(1)(B) of such Act (29 + U.S.C. 1132(a)(1)(B)). + (B) Rules of construction.--In applying such + subsections pursuant to subparagraph (A)-- + (i) any reference to a ``participant'' or + ``beneficiary'' shall be deemed a reference to + the aggrieved individual referred to in + paragraph (1); + (ii) any reference to an ``employee benefit + plan'' shall be deemed a reference to an + insurer (as defined in section (2)(A)); + (iii) any reference to the Secretary of + Labor or the Secretary of the Treasury shall be + deemed a reference to the Secretary of Health + and Human Services; and + (iv) any reference to title I of such Act + shall be deemed a reference to sections 2 + through 6 of this Act. + +SEC. 5. EFFECT ON STATE LAW. + + (a) In General.--Section 3 supersedes any provision of State law +which is inconsistent with any provision of such section, in terms of +providing less protection to individuals than is provided by such +section, but only to the extent of such inconsistency. Nothing in +section 3 shall be construed to-- + (1) alter or relieve any insurer from the obligation to + comply with any State law with respect to insurers, policies, + and health benefit plans, except to the extent that such law is + inconsistent with any provision of section 3, or + (2) preclude a State from enacting any law or regulation + that affords a greater level or broader range of protections to +individuals under policies or health benefit plans. + (b) Definitions.--For purposes of this section, the terms ``State'' +and ``State law'' have the meanings provided such terms under section +514(c) of the Employee Retirement Income Security Act of 1974 (29 +U.S.C. 1144(c)). + +SEC. 6. REGULATIONS. + + The Secretary (in consultation with the Secretary of Labor) shall +prescribe regulations to carry out the provisions of sections 2 through +5. + +SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO + PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION + LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED + FOR COVERAGE UNDER SUCH PLANS. + + (a) In General.--Part 1 of subtitle B of title I of the Employee +Retirement Income Security Act of 1974 is amended-- + (1) by redesignating section 111 (29 U.S.C. 1031) as + section 112; and + (2) by inserting after section 110 (29 U.S.C. 1030) the + following new section: + + ``disclosure to participants and beneficiaries of results of medical + examinations conducted by group insurance plans + + ``Sec. 111. (a) In General.--A group insurance plan, and any +insurer offering a policy in connection with such plan, shall take such +actions as are necessary to ensure that, in any case in which-- + ``(1) a medical examination of a participant or beneficiary + is required for initial or continued eligibility for benefits, + and + ``(2) such medical examination is conducted by a person who + is in the employ of the plan or the insurer or whose services + are procured otherwise by the plan or the insurer, +such participant or beneficiary (or his or her legal guardian) is +provided all medical information obtained from such examination at the +same time that such information is made available to the plan or +insurer and is encouraged to make such information available to his or +her own physician. + ``(b) Definitions.--For purposes of this section-- + ``(1) Group insurance plan.--The term `group insurance + plan' means an employee welfare benefit plan established and + maintained for the purpose of providing for its participants or + their beneficiaries, through the purchase of insurance or + otherwise, medical, surgical, or hospital care or benefits, or + benefits in the event of sickness, accident, disability, death, + or unemployment. + ``(2) Policy.--The term ``policy'' means a contract of + insurance, certificate, indemnity, suretyship, or annuity, + including endorsements or riders to an insurance policy or + contract. + ``(c) Effect on State Law.--This section supersedes any provision +of State law which is inconsistent with any provision of this section, +in terms of providing less protection to participants and beneficiaries +than is provided by this section, but only to the extent of such +inconsistency. Nothing in this section shall be construed to-- + ``(1) alter or relieve any plan administrator from the + obligation to comply with the laws of any State with respect to + group insurance plans, except to the extent that such laws are + inconsistent with any provision of this section, or + ``(2) preclude a State from enacting any law or regulation + that affords a greater level or broader range of protections to + participants and beneficiaries under group insurance plans. + ``(d) Expedited Consideration.--It shall be the duty of the Federal +courts to advance on the docket and to expedite to the greatest +possible extent the disposition of any action under section 502 for +temporary or preliminary injunctive relief from violations of this +section. + ``(e) Regulations.--The Secretary (in consultation with the +Secretary of Health and Human Services) shall prescribe regulations to +carry out the provisions of this section.''. + (b) Penalties at $100 a Day for Failure to Disclose.--Section +502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by +striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), +or section 111(a)''. + (c) Conforming Amendment.--The table of contents in section 1 is +amended by striking the item relating to section 111 and inserting the +following new items: + +``Sec. 111. Disclosure to participants and beneficiaries of results of + medical examinations conducted by group + insurance plans. +``Sec. 112. Repeal and effective date.''. + +SEC. 8. EFFECTIVE DATE. + + Sections 2, 3, 4, 5, and 6 shall apply with respect to any action +taken on or after the date of the enactment of this Act. The amendments +made by section 7 shall apply with respect to plan years beginning on +or after such date.","Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. +(Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.",Insurance Disclosure Act of 1997," The Insurance Disclosure Act of 1997 aims to ensure that individuals have access to medical examination results conducted by insurers for initial or continued enrollment under a policy. In cases where medical examinations are conducted by insurers or their employees, individuals or their legal guardians must be provided with all medical information obtained from these examinations at the same time it is made available to the insurer. The Act also allows individuals who believe they have been adversely affected by an insurer's act or practice to maintain an action against the insurer in federal or state court. Additionally, the Act amends the Employee Retirement Income Security Act of 1974 to require group insurance plans to disclose medical examination results to participants and beneficiaries." +"SECTION 1. STUDIES AND REPORTS BY THE DEPARTMENT OF AGRICULTURE AND THE + NATIONAL ACADEMY OF SCIENCES ON FOOD PRODUCTS FROM CLONED + ANIMALS. + + (a) Study by the Department of Agriculture.-- + (1) In general.--The Secretary of Agriculture (referred to + in this section as the ``Secretary''), in coordination with the + Economic Research Service, and after consultation with the + Secretary of Health and Human Services (acting through the + Commissioner of Food and Drugs), shall conduct a study on the + economic and trade impact of agricultural exports of food + products from cloned animals. + (2) Content of study.--The study under paragraph (1) shall + include-- + (A) an analysis of the domestic agricultural and + international trade economic implications of permitting + commercialization of milk and meat from cloned animals + and their progeny into the food supply, with special + attention to-- + (i) the impact on Federal agricultural + expenditures; and + (ii) meat and milk exports shifts that + would take place as other countries react to + that commercialization, including the potential + for other countries to ban exports from the + United States; and + (B) estimates of the consumer and exporter + behavioral responses that must be factored into both + the economic impact analysis and the health impact + analysis required under this section. + (b) Study With the Government Accountability Office on Monitoring +Food Products From Cloned Animals.-- + (1) In general.--The Secretary, in coordination with + Comptroller General of the United States, shall conduct a study + on the programs in place at the Department of Agriculture to + monitor food products from cloned animals if such products + enter the food supply. + (2) Content of study.--The study under paragraph (1) shall + include an evaluation of the processes in place at the + Department of Agriculture to monitor food products from cloned + animals throughout the food supply. The study shall also + include a review of existing studies and literature, from the + United States and other countries and organizations, that + relate to the evaluation of the safety of food products from + cloned animals and methods for monitoring such products in the + food supply. + (c) Study With the Government Accountability Office on the Health +Effects and Costs Attributable to Milk From Cloned Animals in the Food +Supply.-- + (1) In general.--The Secretary, in consultation with the + Secretary of Health and Human Services (acting through the + Commissioner of Food and Drugs), and in coordination with + Comptroller General of the United States, shall conduct a study + on the health effects and costs attributable to milk from + cloned animals in the food supply. + (2) Content of study.--The study under paragraph (1) shall + include an evaluation and measurement of the potential public + health effects and associated health care costs, including any + consumer behavior changes and negative impacts on nutrition, + and prevention of osteoporosis and other chronic disease that + result from any decrease in milk consumption, attributable to + the commercialization of milk from cloned animals and their + progeny. + (d) Study With the National Academy of Sciences.-- + (1) In general.--The Secretary shall contract with the + National Academy of Sciences to conduct a study and report to + Congress regarding the safety of food products derived from + cloned animals. + (2) Content of study.--The study under paragraph (1) shall + include a review and an assessment of whether the studies + (including peer review studies), data, and analysis used in the + draft risk assessment issued by the Food and Drug + Administration entitled Animal Cloning: A Draft Risk Assessment + (issued on December 28, 2006) supported the conclusions drawn + by such draft risk assessment and-- + (A) whether there were a sufficient number of + studies to support such conclusions; and + (B) whether additional pertinent studies and data + exist which were not considered in the draft risk + assessment and how this additional information affects + the conclusions drawn in such draft risk assessment. + (e) Rule of Construction.--Nothing in this section shall be +construed to impede ongoing scientific research in artificial +reproductive health technologies. + (f) Timeframe for Studies.--The Secretary shall complete the +studies required under this section prior to issuance by the +Commissioner of Food and Drugs of the final risk assessment on the +safety of cloned animals and food products derived from cloned animals. + (g) Continuance of Moratorium.--The voluntary moratorium on +introducing food from cloned animals or their progeny into the food +supply, as in effect on the date of enactment of this Act, shall remain +in effect at least until the date that the Secretary of Health and +Human Services (acting through the Commissioner of Food and Drugs) +issues the final risk assessment described in subsection (f).",Directs the Secretary of Agriculture to conduct studies on: (1) the economic and trade impact of exports of food products from cloned animals; (2) Department of Agriculture programs to monitor products from cloned animals in the food supply; (3) the health effects and costs attributable to milk from cloned animals in the food supply; and (4) the safety of food products derived from cloned animals.,To require studies by the Secretary of Agriculture on the effects of food products from cloned animals entering the food supply.," This text discusses various studies and reports conducted by different organizations on food products from cloned animals. The studies aim to analyze the economic and trade impact of agricultural exports from cloned animals, monitor food products from cloned animals if they enter the food supply, evaluate health effects and costs attributable to milk from cloned animals, and assess the safety of food products derived from cloned animals. These studies are conducted by the Department of Agriculture, Government Accountability Office, and National Academy of Sciences. The voluntary moratorium on introducing food from cloned animals or their progeny into the food supply remains in effect until the final risk assessment is issued by the Commissioner of Food and Drugs." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Coastal Restoration Tax Credit Act +of 2005''. + +SEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING + COASTAL LANDS. + + (a) In General.--Subpart B of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 is amended by adding at the end +the following new section: + +``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING + COASTAL LANDS. + + ``(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 the qualified expenditures of the taxpayer for the taxable +year. + ``(b) Limitations.-- + ``(1) Maximum credit.--The credit allowed under subsection + (a) for a taxable year shall not exceed $2,000,000. + ``(2) Limitation based on amount of tax.--The credit + allowed under subsection (a) for the taxable year shall not + exceed the excess of-- + ``(A) the sum of the regular tax liability (as + defined in section 26(b)) plus the tax imposed by + section 55, over + ``(B) the sum of the credits allowable under + subpart A and sections 27 and 30A for the taxable year. + ``(c) Qualified Expenditures.--For purposes of this section-- + ``(1) In general.--The term `qualified expenditures' means + amounts paid or incurred by the taxpayer for an approved + project. + ``(2) Approved project.--The term `approved project' means + any project approved by the Natural Resources Conservation + Service to restore or protect coastal lands located in the + United States. + ``(d) Carryovers Allowed.-- + ``(1) In general.--If the credit amount allowable under + subsection (a) for a taxable year exceeds the amount of the + limitation under subsection (c) for such taxable year (referred + to as the `unused credit year' in this paragraph), such excess + shall be allowed as a credit carryforward for each of the + taxable years following the unused credit year or as a credit + carryback for each of the taxable years preceeding the unused + credit year. + ``(2) Rules.--For purposes of paragraph (1), rules similar + to the rules of section 39 shall apply, except that-- + ``(A) subsection (a)(1) shall be applied-- + ``(i) by substituting `3 taxable years' for + `1 taxable years' in subparagraph (A) thereof, + and + ``(ii) by substituting `5 taxable years' + for `20 taxable years' in subparagraph (B) + thereof, and + ``(B) subsection (a)(2) shall be applied-- + ``(i) by substituting `8 taxable years' for + `21 taxable years' in subparagraph (A) thereof, + and + ``(ii) by substituting `7 taxable years' + for `20 taxable years' in subparagraph (B). + ``(e) Special Rules.-- + ``(1) Basis reduction.--The basis of any property for which + a credit is allowable under subsection (a) shall be reduced by + the amount of such credit (determined without regard to + subsection (b)(2)). + ``(2) No double benefit.--The amount of any deduction or + credit allowable under this chapter (other than the credit + allowable under subsection (a)), shall be reduced by the amount + of credit allowed under subsection (a) (determined without + regard to subsection (b)(2)) for the taxable year. + ``(3) Reduction for assistance.--The amount taken into + account under subsection (a) with respect to any project shall + be reduced by the amount of any Federal, State, or local grant + or other assistance received by the taxpayer during such + taxable year or any prior taxable year which was used to make + qualified expenditures and which was not included in the gross + income of such taxpayer.''. + (b) Basis Adjustment.--Section 1016(a) of such Code is amended by +striking ``and'' at the end of paragraph (30), by striking the period +at the end of paragraph (31) and inserting ``, and'', and by adding at +the end the following new paragraph: + ``(32) to the extent provided in section 30B(e)(1).''. + (c) Clerical Amendment.--The table of sections for subpart B of +part IV of subchapter A of chapter 1 of such Code is amended by +inserting after the item relating to section 30A the following new +item: + +``Sec. 30B. Credit for expenses incurred in restoring and protecting + coastal lands.''. + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2004.",Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States.,To amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in restoring and protecting coastal lands.," The Coastal Restoration Tax Credit Act of 2005 aims to provide tax credits for expenses incurred in restoring and protecting coastal lands in the United States. The act allows taxpayers to claim a credit equal to their qualified expenditures for coastal land restoration projects approved by the Natural Resources Conservation Service. The maximum credit allowed is $2 million per taxable year, with limitations based on the taxpayer's tax liability. Unused credits can be carried forward or carried back for up to five years. The act also includes special rules for basis reduction, no double benefit, and reduction for assistance received for coastal land restoration projects." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Judicial Administration and +Improvement Act of 2016''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Former ninth circuit.--The term ``former ninth + circuit'' means the ninth judicial circuit of the United States + as in existence on the day before the effective date of this + Act. + (2) New ninth circuit.--The term ``new ninth circuit'' + means the ninth judicial circuit of the United States + established by the amendment made by section 3. + (3) Twelfth circuit.--The term ``twelfth circuit'' means + the twelfth judicial circuit of the United States established + by the amendment made by section 3. + +SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. + + Section 41 of title 28, United States Code, is amended-- + (1) in the matter preceding the table, by striking + ``thirteen'' and inserting ``fourteen''; and + (2) in the table-- + (A) by striking the item relating to the ninth + circuit and inserting the following: + + ``Ninth........................ + California, Hawaii, Oregon, + Washington, Guam, + Northern Mariana + Islands.''; + and + (B) by inserting after the item relating to the + eleventh circuit the following: + + ``Twelfth...................... + Alaska, Arizona, Idaho, + Montana, Nevada.''. + +SEC. 4. NUMBER OF CIRCUIT JUDGES. + + The table contained in section 44(a) of title 28, United States +Code, is amended-- + (1) by striking the item relating to the ninth circuit and + inserting the following: + + +``Ninth......................................................... 21''; + + + and + (2) by inserting after the item relating to the eleventh + circuit the following: + + +``Twelfth....................................................... 8''. + + +SEC. 5. PLACES OF CIRCUIT COURT. + + The table contained in section 48(a) of title 28, United States +Code, is amended by inserting after the item relating to the eleventh +circuit the following: + + ``Twelfth...................... + Las Vegas, Phoenix, Anchorage, + Missoula.''. + +SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. + + (a) In General.--Each circuit judge of the former ninth circuit who +is in regular active service and whose official duty station on the day +before the effective date of this Act-- + (1) is in California, Oregon, Washington, Guam, Hawaii, or + the Northern Mariana Islands shall be a circuit judge of the + new ninth circuit as of such effective date; and + (2) subject to subsection (b), is in Alaska, Arizona, + Idaho, Montana, or Nevada, shall be a circuit judge of the + twelfth circuit as of such effective date. + (b) Election by Certain Circuit Judges.--A circuit judge in regular +active service as described in subsection (a)(2) may elect to be +permanently assigned to the new ninth circuit as of such effective date +by notifying the Director of the Administrative Office of the United +States Courts of such election. + (c) Vacancies.--For each individual serving in the position of +circuit judge of the former ninth circuit whose official duty station +on the day before the effective date of this Act is in Alaska, Arizona, +Idaho, Montana, or Nevada, after the date on which such individual +ceases to serve as a circuit judge, the President shall appoint, by and +with the advice and consent of the Senate, 1 additional circuit judge +for the twelfth circuit, without regard to whether such individual +makes an election described in subsection (b). + +SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. + + Each judge who is a senior circuit judge of the former ninth +circuit, whose official duty station on the day before the effective +date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may +elect to be assigned to the new ninth circuit or the twelfth circuit as +of such effective date and shall notify the Director of the +Administrative Office of the United States Courts of such election. + +SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. + + (a) In General.--For each circuit judge in regular active service +who elects to be assigned to the new ninth circuit under section 6(b), +the President shall appoint, by and with the advice and consent of the +Senate, 1 additional circuit judge for the twelfth circuit, resident in +the duty station of the circuit judge making the election as of the day +before the effective date of this Act. + (b) Vacancies.--For each appointment made under subsection (a) for +the twelfth circuit, an equal number of corresponding vacancies in the +position of circuit judge for the twelfth circuit shall not be filled. + +SEC. 9. SENIORITY OF JUDGES. + + (a) In General.--The seniority of each judge-- + (1) who elects to be assigned to the twelfth circuit under + section 6(b); + (2) who elects to be assigned to the new ninth circuit + under section 6(b); or + (3) who elects to be assigned to the twelfth circuit under + section 7, +shall run from the date of commission of such judge as a judge of the +former ninth circuit. + (b) Temporary Twelfth Circuit Judges.--The seniority of each judge +appointed under section 8(a) shall run from the date of commission of +such judge as a judge of the twelfth circuit. + +SEC. 10. APPLICATION TO CASES. + + The following apply to any case in which, on the day before the +effective date of this Act, an appeal or other proceeding has been +filed with the former ninth circuit: + (1) Except as provided in paragraph (3), if the matter has + been submitted for decision, further proceedings with respect + to the matter shall be had in the same manner and with the same + effect as if this Act had not been enacted. + (2) If the matter has not been submitted for decision, the + appeal or proceeding, together with the original papers, + printed records, and record entries duly certified, shall, by + appropriate orders, be transferred to the court to which the + matter would have been submitted had this Act been in full + force and effect on the date on which such appeal was taken or + other proceeding commenced, and further proceedings with + respect to the case shall be had in the same manner and with + the same effect as if the appeal or other proceeding had been + filed in such court. + (3) If a petition for rehearing en banc is pending on or + after the effective date of this Act, the petition shall be + considered by the court of appeals to which the petition would + have been submitted had this Act been in full force and effect + on the date on which the appeal or other proceeding was filed + with the court of appeals. + +SEC. 11. ADMINISTRATION. + + (a) In General.--The court of appeals for the ninth circuit as +constituted on the day before the effective date of this Act may take +such administrative action as may be required to carry out this Act and +the amendments made by this Act. + (b) Administrative Termination.--The court described in subsection +(a) shall cease to exist for administrative purposes 2 years after the +effective date of this Act. + +SEC. 12. EFFECTIVE DATE. + + This Act and the amendments made by this Act shall take effect 1 +year after the date of enactment of this Act. + +SEC. 13. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as may be +necessary to carry out this Act and the amendments made by this Act, +including such sums as may be necessary to provide appropriate space +and facilities for any judicial positions created by this Act or an +amendment made by this Act.","Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.",Judicial Administration and Improvement Act of 2016," The Judicial Administration and Improvement Act of 2016 aims to amend the number and composition of federal judicial circuits in the United States. It proposes to increase the total number of circuits from 13 to 14 by establishing a new ninth circuit and a twelfth circuit. The new ninth circuit will include California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands, while the twelfth circuit will include Alaska, Arizona, Idaho, Montana, and Nevada. The Act also addresses the assignment of judges to these new circuits, seniority of judges, and administrative actions required to implement these changes." +"SECTION 1. SHORT TITLE. + This Act may be cited as the ``North Korean Human Rights +Reauthorization Act of 2008''. +SEC. 2. FINDINGS. + Congress finds the following: + (1) The North Korean Human Rights Act of 2004 (Public Law 108- + 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the + Act'') was the product of broad, bipartisan consensus in Congress + regarding the promotion of human rights, transparency in the + delivery of humanitarian assistance, and refugee protection. + (2) In addition to the longstanding commitment of the United + States to refugee and human rights advocacy, the United States is + home to the largest Korean population outside of northeast Asia, + and many in the two-million strong Korean-American community have + family ties to North Korea. + (3) Human rights and humanitarian conditions inside North Korea + are deplorable, North Korean refugees remain acutely vulnerable, + and the findings in section 3 of the Act remain accurate today. + (4) The Government of China is conducting an increasingly + aggressive campaign to locate and forcibly return border-crossers + to North Korea, where they routinely face torture and imprisonment, + and sometimes execution. According to recent reports, the Chinese + Government is shutting down Christian churches and imprisoning + people who help North Korean defectors and has increased the bounty + paid for turning in North Korean refugees. + (5) In an attempt to deter escape attempts, the Government of + North Korea has reportedly stepped up its public execution of + border-crossers and those who help others cross into China. + (6) In spite of the requirement of the Act that the Special + Envoy on Human Rights in North Korea (the ``Special Envoy'') report + to the Congress no later than April 16, 2005, a Special Envoy was + not appointed until August 19, 2005, more than four months after + the reporting deadline. + (7) The Special Envoy appointed by the President has filled + that position on a part-time basis only. + (8) Since the passage of the North Korean Human Rights Act, + Congress has on several occasions expressed interest in the status + of North Korean refugees, and on February 21, 2006, a bipartisan + group of senior Members of the House and Senate wrote Secretary of + State Condoleezza Rice ``to express [their] deep concern for the + lack of progress in funding and implementing the key provisions of + the North Korean Human Rights Act'', particularly the lack of North + Korean refugee admissions to the United States. + (9) Although the United States refugee resettlement program + remains the largest in the world by far, the United States has + resettled only 37 North Koreans in the period from 2004 through + 2007. + (10) From the end of 2004 through 2007, the Republic of Korea + resettled 5,961 North Koreans. + (11) Extensive delays in assessment and processing have led + numerous North Korean refugees to abandon their quest for United + States resettlement, and long waits (of more than a year in some + cases) have been the source of considerable discouragement and + frustration among refugees, many of whom are awaiting United States + resettlement in circumstances that are unsafe and insecure. + (12) From 2000 through 2006, the United States granted asylum + to 15 North Koreans, as compared to 60 North Korean asylum grantees + in the United Kingdom, and 135 in Germany during that same period. +SEC. 3. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the United States should continue to make it a priority to + seek broader permission and greater cooperation from foreign + governments to allow the United States to process North Korean + refugees overseas for resettlement in the United States, through + persistent diplomacy by senior officials of the United States, + including United States ambassadors to Asia-Pacific nations; + (2) at the same time that careful screening of intending + refugees is important, the United States also should make every + effort to ensure that its screening, processing, and resettlement + of North Korean refugees are as efficient and expeditious as + possible; + (3) the Special Envoy for North Korean Human Rights Issues + should be a full-time position within the Department of State in + order to properly promote and coordinate North Korean human rights + and humanitarian issues, and to participate in policy planning and + implementation with respect to refugee issues, as intended by the + North Korean Human Rights Act of 2004 (Public Law 108-333; 22 + U.S.C. 7801 et seq.); + (4) in an effort to more efficiently and actively participate + in humanitarian burden-sharing, the United States should approach + our ally, the Republic of Korea, to revisit and explore new + opportunities for coordinating efforts to screen and resettle North + Koreans who have expressed a wish to pursue resettlement in the + United States and have not yet availed themselves of any right to + citizenship they may enjoy under the Constitution of the Republic + of Korea; and + (5) because there are genuine refugees among North Koreans + fleeing into China who face severe punishments upon their forcible + return, the United States should urge the Government of China to-- + (A) immediately halt its forcible repatriation of North + Koreans; + (B) fulfill its obligations pursuant to the 1951 United + Nations Convention Relating to the Status of Refugees, the 1967 + Protocol Relating to the Status of Refugees, and the 1995 + Agreement on the Upgrading of the UNHCR Mission in the People's + Republic of China to UNHCR Branch Office in the People's + Republic of China; and + (C) allow the United Nations High Commissioner for Refugees + (UNHCR) unimpeded access to North Koreans inside China to + determine whether they are refugees and whether they require + assistance. +SEC. 4. DEFINITIONS. + Section 5(1)(A) of the North Korean Human Rights Act of 2004 +(Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking +``International Relations'' and inserting ``Foreign Affairs''. +SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. + Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 +U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the +following: ``and $2,000,000 for each of fiscal years 2009 through +2012''. +SEC. 6. RADIO BROADCASTING TO NORTH KOREA. + Not later than 120 days after the date of the enactment of this +Act, the Broadcasting Board of Governors (BBG) shall submit to the +appropriate congressional committees, as defined in section 5(1) of the +North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report +that describes the status and content of current United States +broadcasting to North Korea and the extent to which the BBG has +achieved the goal of 12-hour-per-day broadcasting to North Korea +pursuant to section 103 of such Act (22 U.S.C. 7813). +SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. + Section 104 of the North Korean Human Rights Act of 2004 (22 +U.S.C. 7814) is amended-- + (1) in subsection (b)(1), by striking ``2008'' and inserting + ``2012''; and + (2) in subsection (c), by striking ``in each of the 3 years + thereafter'' and inserting ``annually through 2012''. +SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. + Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. +7817) is amended-- + (1) in the section heading, by striking ``human rights in north + korea'' and inserting ``north korean human rights issues''; + (2) in subsection (a)-- + (A) in the first sentence-- + (i) by striking ``human rights in North Korea'' and + inserting ``North Korean human rights issues''; and + (ii) by inserting before the period at the end the + following: ``, by and with the advice and consent of the + Senate''; + (B) in the second sentence, by inserting before the period + at the end the following: ``who shall have the rank of + ambassador and shall hold the office at the pleasure of the + President''; + (3) in subsection (b), by inserting before the period at the + end the following: ``, including, in coordination with the Bureau + of Population, Refugees, and Migration, the protection of those + people who have fled as refugees''; + (4) in subsection (c)-- + (A) by redesignating paragraphs (1) through (6) as + paragraphs (2) through (7), respectively; + (B) by inserting before paragraph (2), as so redesignated, + the following new paragraph: + ``(1) participate in the formulation and the implementation of + activities carried out pursuant to this Act;''; and + (C) in paragraph (5), as so redesignated, by striking + ``section 102'' and inserting ``sections 102 and 104''; and + (5) in subsection (d), by striking ``for the subsequent 5 year- + period'' and inserting ``thereafter through 2012''. +SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. + Section 201(a) of the North Korean Human Rights Act of 2004 (22 +U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by +striking ``in each of the 2 years thereafter'' and inserting ``annually +thereafter through 2012''. + SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. + Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 +U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting +``2012''. + SEC. 11. ANNUAL REPORTS. + Section 305(a) of the North Korean Human Rights Act of 2004 (22 +U.S.C. 7845(a)) is amended-- + (1) in the subsection heading, by inserting ``and Refugee'' + before ``Information''; + (2) in the matter preceding paragraph (1)-- + (A) by striking ``for each of the following 5 years'' and + inserting ``through 2012''; and + (B) by striking ``which shall include--'' and inserting + ``which shall include the following:''; + (3) in paragraph (1)-- + (A) by striking ``the number of aliens'' and inserting + ``The number of aliens''; and + (B) by striking ``; and'' at the end and inserting a + period; + (4) in paragraph (2), by striking ``the number of aliens'' and + inserting ``The number of aliens''; and + (5) by adding at the end the following new paragraph: + ``(3) A detailed description of the measures undertaken by the + Secretary of State to carry out section 303, including country- + specific information with respect to United States efforts to + secure the cooperation and permission of the governments of + countries in East and Southeast Asia to facilitate United States + processing of North Koreans seeking protection as refugees. The + information required under this paragraph shall be provided in + unclassified form, with a classified annex, if necessary.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. + +Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. + +Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. + +States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. + +Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. + +Sets forth specified reporting provisions.","To amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes."," The North Korean Human Rights Reauthorization Act of 2008 aims to address human rights abuses in North Korea, support human rights and democracy programs, promote freedom of information, and improve the status of North Korean refugees. The Act emphasizes the importance of diplomacy with foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the U.S., as well as efficient and expeditious screening, processing, and resettlement of North Korean refugees. It also calls for the Special Envoy for North Korean Human Rights Issues to be a full-time position within the Department of State to promote and coordinate North Korean human rights and humanitarian issues." +"SECTION 1. SHORT TITLE; FINDINGS. + + (a) Short Title.--This Act may be cited as the ``Birth Defects +Prevention Act of 1993''. + (b) Findings.--The Congress makes the following findings: + (1) Birth defects are the leading cause of infant + mortality, directly responsible for one out of every five + infant deaths. + (2) Thousands of the 250,000 infants born with a birth + defect annually face a lifetime of chronic disability and + illness. + (3) Birth defects threaten the lives of infants of all + racial and ethnic backgrounds. However, some conditions pose + excess risks for certain populations. For example, compared to + all infants born in the United States, Hispanic-American + infants are more likely to be born with anencephaly spina + bifida and other neural tube defects and African-American + infants are more likely to be born with sickle-cell anemia. + (4) Birth defects can be caused by exposure to + environmental hazards, adverse health conditions during + pregnancy, or genetic mutations. Prevention efforts are slowed + by lack of information about the number and causes of birth + defects. Outbreaks of birth defects may go undetected because + surveillance and research efforts are underdeveloped and poorly + coordinated. + +SEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM. + + Part B of title III of the Public Health Service Act (42 U.S.C. 243 +et seq.) is amended by inserting after section 317A the following new +section: + + ``birth defects prevention and research programs + + ``Sec. 317B. (a) National Birth Defects Surveillance Program.--The +Secretary, acting through the Director of the Centers for Disease +Control, may award grants to, enter into cooperative agreements with, +or provide direct technical assistance in lieu of cash to States, State +health authorities, or health agencies of political subdivisions of a +State for collection, analysis, and reporting of birth defects +statistics from birth certificates, infant death certificates, hospital +records, or other sources and to collect and disaggregate such +statistics by gender and racial and ethnic group. + ``(b) Centers for Excellence for Birth Defects Prevention +Research.-- + ``(1) In general.--The Secretary shall establish at least + five regional birth defects monitoring and research programs + for the purpose of collecting and analyzing information on the + number, incidence, correlates, and causes of birth defects, to + include information regarding gender and different racial and + ethnic groups, including Hispanics, non-Hispanic whites, + African Americans, Native Americans, and Asian Americans. + ``(2) Authority for awards.--For purposes of paragraph (1), + the Secretary, acting through the Director of the Centers for + Disease Control, may award grants or enter into cooperative + agreements with State departments of health, universities, or + other private, nonprofit entities engaged in research to enable + such entities to serve as Centers of Excellence for Birth + Defects Prevention Research. + ``(3) Application.--To be eligible for grants or + cooperative agreements under paragraph (2), the entity shall + prepare and submit to the Secretary an application at such + time, in such manner and containing such information as the + Secretary may prescribe, including assurances that-- + ``(A) the program will collect, analyze, and report + birth defects data according to guidelines prescribed + by the Director of the Centers for Disease Control; + ``(B) the program will coordinate States birth + defects surveillance and prevention efforts within a + region; + ``(C) education, training, and clinical skills + improvement for health professionals aimed at the + prevention and control of birth defects will be + included in the program activities; + ``(D) development and evaluation of birth defects + prevention strategies will be included in the program + activities, as appropriate; and + ``(E) the program funds will not be used to + supplant or duplicate State efforts. + ``(4) Centers to focus on racial and ethnic disparities in + birth defects.--One of the Centers of Excellence shall focus on + birth defects among ethnic minorities, and shall be located in + a standard metropolitan statistical area that has over a 60 + percent ethnic minority population, is federally designated as + a health professional shortage area, and has an incidence of + one or more birth defects more than four times the national + average. + ``(c) Clearinghouse.--The Centers for Disease Control shall serve +as the coordinating agency for birth defects prevention activities +through establishment of a clearinghouse for the collection and storage +of data and generated from birth defects monitoring programs developed +under subsections (a) and (b). Functions of such clearinghouse shall +include facilitating the coordination of research and policy +development to prevent birth defects. The clearinghouse shall +disaggregate data by gender and by racial and ethnic groups, the major +Hispanic subgroups, non-Hispanic whites, African Americans, Native +Americans, and Asian Americans. + ``(d) Prevention Strategies.--The Secretary, acting through the +Director of the Centers for Disease Control, shall award grants to or +enter into cooperative agreements with State departments of health, +universities, or other private, or nonprofit entities to enable such +entities to develop, evaluate and implement prevention strategies +designed to reduce the incidence and effects or birth defects +including-- + ``(1) demonstration projects for the prevention of birth + defects, including-- + ``(A) at least one project aimed at enhancing + prevention services in a `high-risk area' that has a + proportion of birth to minority women above the + national average, is federally designated as a health + professional shortage area, and has a high incidence of + one or more birth defects; and + ``(B) at least one outcome research project to + study the effectiveness of infant interventions aimed + at amelioration of birth defects; and + ``(2) public information and education programs for the + prevention of birth defects, including but not limited to + programs aimed at prevention of alcohol and illicit drug use + during pregnancy and promotion of use of folic acid vitamin + supplements for women of childbearing age in a manner which is + sensitive to the cultural and linguistic context of a given + community. + ``(e) Advisory Committee.-- + ``(1) Establishment of committee.--The Secretary shall + establish an Advisory Committee for Birth Defects Prevention + (in this subsection referred to as the `Committee'). The + Committee shall provide advice and recommendations on + prevention and amelioration of birth defects to the Secretary + and the Director of the Centers for Disease Control. + ``(2) Functions.--With respect to birth defects prevention, + the Committee shall-- + ``(A) make recommendations regarding prevention + research and intervention priorities; + ``(B) study and recommend ways to prevent birth + defects, with emphasis on emerging technologies; + ``(C) identify annually the important areas of + government and nongovernment cooperation needed to + implement prevention strategies; + ``(D) identify research and prevention strategies + which would be successful in addressing birth defects + disparities among the major Hispanic subgroups, non- + Hispanic whites, African Americans, Native Americans, + and Asian Americans; and + ``(E) review and recommend policies and guidance + related to birth defects research and prevention. + ``(3) Composition.--The Committee shall be composed of 15 + members appointed by the Secretary, including-- + ``(A) four health professionals, who are not + employees of the United States, who have expertise in + issues related to prevention of or care for children + with birth defects; + ``(B) two representatives from health professional + associations; + ``(C) four representatives from voluntary health + agencies concerned with conditions leading to birth + defects or childhood disability; + ``(D) five members of the general public, of whom + at least three shall be parents of children with birth + defects or persons having birth defects; and + ``(E) representatives of the Public Health Service + agencies involved in birth defects research and + prevention programs and representatives of other + appropriate Federal agencies, including but not limited + to the Department of Education and the Environmental + Protection Agency, shall be appointed as ex officio, + liaison members for purposes of informing the Committee + regarding Federal agency policies and practices; + ``(4) Structure.-- + ``(A) Term of office.--Appointed members of the + Committee shall be appointed for a term of office of 3 + years, except that of the members first appointed, 5 + shall be appointed for a term of 1 year, 5 shall be + appointed for a term of 2 years, and 5 shall be + appointed for a term of 3 years, as determined by the + Secretary. + ``(B) Meetings.--The Committee shall meet not less + than three times per year and at the call of the chair. + ``(C) Compensation.--Members of the Committee who + are employees of the Federal Government shall serve + without compensation. Members of the Committee who are + not employees of the Federal Government shall be + compensated at a rate not to exceed the daily + equivalent of the rate in effect for grade GS-18. + ``(f) Report.--The Secretary shall prepare and submit to the +Committee on Energy and Commerce of the House of Representatives and +the Committee on Labor and Human Resources of the Senate a biennial +report regarding the incidence of birth defects, the contribution of +birth defects to infant mortality, the outcome of implementation of +prevention strategies, and identified needs for research and policy +development to include information regarding the various racial and +ethnic groups, including Hispanic, non-Hispanic whites, African +Americans, Native Americans, and Asian Americans. + ``(g) Authorization of Appropriations.-- + ``(1) For the purpose of carrying out subsections (a), (b), + and (c), there are authorized to be appropriated $15,000,000 + for fiscal year 1994, $20,000,000 for fiscal year 1995, and + such sums as may be necessary for each of the fiscal years 1996 + and 1997. + ``(2) For the purpose of carrying out subsection (d), there + are authorized to be appropriated $15,000,000 for fiscal year + 1994, $20,000,000 for fiscal year 1995, and such sums as may be + necessary for each of the fiscal years 1996 and 1997. + ``(3) For the purpose of carrying out subsections (e) and + (f), there are authorized to be appropriated $2,000,000 for + each of the fiscal years 1994 through 1997.''.","Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. +Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. +Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. +Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. +Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. +Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. +Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. +Authorizes appropriations.",Birth Defects Prevention Act of 1993," The Birth Defects Prevention Act of 1993 aims to establish national birth defects surveillance programs and centers for excellence for birth defects prevention research. The Act seeks to improve data collection on birth defects, focusing on racial and ethnic disparities, and to develop prevention strategies to reduce the incidence and effects of birth defects. An advisory committee will provide recommendations on prevention and amelioration of birth defects, and biennial reports will be submitted to Congress on the incidence of birth defects, their contribution to infant mortality, and identified needs for research and policy development. Appropriations are authorized for these programs for fiscal years 1994 through 1997." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``50th Anniversary of the Texas +Western College Men's Basketball Championship Commemorative Coin Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) On March 19, 1966, Texas Western College (the + ``Miners'') defeated the University of Kentucky in the National + Collegiate Athletic Association (``NCAA'') men's college + basketball final at Cole Field House in College Park, Maryland, + by a score of 72-65. + (2) The 1966 Miners are still the only team from the State + of Texas to win a NCAA basketball championship. + (3) This marked the first time an all-Black starting lineup + had won the NCAA championship; + (4) After the 1966 championship, many college teams + throughout the South following the Miners' example began + recruiting Black athletes, ending years of segregation. + (5) Immediately after the championship, between the years + of 1966 and 1985, the average number of Black players on + college teams nearly doubled. + (6) Every southern conference team (including the + Southeastern Conference) followed the Miners' example, and all + basketball teams were integrated the following season. + (7) The top-ranked University of Kentucky men's basketball + team was favored in the final over the third-ranked Texas + Western College squad. + (8) Texas Western College was led by coach Don Haskins and + the University of Kentucky by coach Adolph Rupp. + (9) Coach Haskins taught his team the ``swinging gate'' + defensive style he had learned as a player at Oklahoma + Agricultural and Mechanical College (now Oklahoma State + University) under legendary coach Henry Iba. + (10) Texas Western College's journey to the 1966 NCAA + championship was depicted in the 2006 film titled ``Glory + Road''. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue the +following coins: + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain 90 percent gold and 10 percent alloy. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half- + dollar coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar + coins contained in section 5112(b) of title 31, United + States Code. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of section 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) In General.--The design of the coins minted under this Act +shall be emblematic of the game of basketball and shall be-- + (1) selected by the Secretary after consultation with the + Commission of Fine Arts and the National Collegiate Basketball + Hall of Fame; and + (2) reviewed by the Citizens Coinage Advisory Committee. + (b) Designation and Inscriptions.--On each coin minted under this +Act there shall be-- + (1) a designation of the value of the coin; + (2) an inscription of the year ``2017''; and + (3) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facility.--Only 1 facility of the United States Mint may +be used to strike any particular quality of the coins minted under this +Act. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the 1-year period beginning on January 1, +2017. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of such + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of-- + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. + (b) Distribution.--Subject to section 5134(f)(1) of title 31, +United States Code, all surcharges received by the Secretary from the +sale of coins issued under this Act shall be promptly paid by the +Secretary to the National Collegiate Basketball Hall of Fame to help +finance renovations of existing National Collegiate Basketball Hall of +Fame facilities. + (c) Audits.--The National Collegiate Basketball Hall of Fame shall +be subject to the audit requirements of section 5134(f)(2) of title 31, +United States Code, with regard to the amounts received under +subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual 2 commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. + +SEC. 8. FINANCIAL ASSURANCES. + + The Secretary shall take such actions as may be necessary to ensure +that-- + (1) minting and issuing coins under this Act will not + result in any net cost to the United States Government; and + (2) no funds, including applicable surcharges, are + disbursed to any recipient designated in section 7 until the + total cost of designing and issuing all of the coins authorized + by this Act (including labor, materials, dies, use of + machinery, overhead expenses, marketing, and shipping) is + recovered by the United States Treasury, consistent with + sections 5112(m) and 5134(f) of title 31, United States Code.","50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities. ",50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act," The ""50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act"" aims to commemorate the historic victory of Texas Western College (now University of Texas at El Paso) over the University of Kentucky in the 1966 NCAA men's college basketball final. This victory marked the first time an all-Black starting lineup won an NCAA championship and led to increased integration of college basketball teams in the South. The Act calls for the minting and issuance of $5 gold coins, $1 silver coins, and half-dollar clad coins with designs emblematic of basketball. The coins will be sold at a price that includes a surcharge, with proceeds going to the National Collegiate Basketball Hall of Fame for facility renovations. The Act also requires financial assurances to ensure that minting and issuing the coins will not result in any net cost to the U.S. Government." +"SECTION 1. SHORT TITLE; REFERENCE. + + (a) Short Title.--This Act may be cited as the ``Family and Medical +Leave Enhancement Act''. + (b) Reference.--Whenever in sections 2, 3, and 5 an amendment or +repeal is expressed in terms of an amendment to, or repeal of, a +section or other provision, the reference shall be considered to be +made to a section or other provision of the Family and Medical Leave +Act of 1993. + +SEC. 2. ELIGIBLE EMPLOYEE. + + Section 101(2)(B)(ii) (29 U.S.C. 2611(2)(B)(ii)) is amended by +striking ``50'' each place it occurs and inserting ``25''. + +SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. + + (a) Leave Requirement.--Section 102(a) (29 U.S.C. 2612(a)) is +amended by adding at the end the following: + ``(3) Entitlement to additional leave for parental + involvement.-- + ``(A) In general.--Subject to section 103(f), in + addition to leave available under paragraph (1), an + eligible employee shall be entitled to a total of 4 + hours of leave during any 30-day period, and a total of + 24 hours of leave during any 12-month period to + participate in or attend an activity that-- + ``(i) is sponsored by a school or community + organization; and + ``(ii) relates to a program of the school + or organization that is attended by a son or + daughter of the employee, including a foster + child of the employee. + ``(B) Definitions.--As used in subparagraph (A): + ``(i) School.--The term `school' means an + elementary school or secondary school (as such + terms are defined in section 14101 of the + Elementary and Secondary Education Act of 1965 + (20 U.S.C. 8801)), a Head Start program + assisted under the Head Start Act (42 U.S.C. + 9831 et seq.), and a child care facility + licensed under State law.''. + ``(ii) Community organization.--The term + `community organization' means a private + nonprofit organization that is representative + of a community or a significant segment of a + community and provides activities for + individuals described in subparagraph (A) or + (B) of section 101(12), such as a scouting or + sports organization.''. + (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended +by inserting after the second sentence the following: ``Leave under +subsection (a)(3)(A) may be taken intermittently or on a reduced leave +schedule.''. + (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C. +2612(d)(2)(A)) is amended by inserting before the period the following: +``, or for leave provided under subsection (a)(3)(A) for any part of +the 24-hour period of such leave under such subsection''. + (d) Notice.--Section 102(e)(1) (29 U.S.C. 2612(e)(1)) is amended by +adding at the end the following: ``In any case in which an employee +requests leave under subsection (a)(3)(A), the employee shall provide +the employer with not less than 7 days' notice, before the date the +leave is to begin, of the employee's intention to take leave under such +subsection.''. + (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by +adding at the end the following: + ``(f) Certification for Parental Involvement Leave.--An employer +may require that a request for leave under section 102(a)(3)(A) be +supported by a certification issued at such time and in such manner as +the Secretary may by regulation prescribe.''. + +SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. + + (a) Leave Requirement.--Section 6382(a) of title 5, United States +Code, is amended by adding at the end the following: + ``(3)(A) Subject to section 6383(f), in addition to leave available +under paragraph (1), an employee shall be entitled to a total of 4 +hours of leave during any 30-day period, and a total of 24 hours of +leave during any 12-month period to participate in or attend an +activity that-- + ``(i) is sponsored by a school or community organization; + and + ``(ii) relates to a program of the school or organization + that is attended by a son or daughter of the employee, + including a foster child of the employee. + ``(B) As used in this paragraph: + ``(i) The term `school' means an elementary school or + secondary school (as such terms are defined in section 14101 of + the Elementary and Secondary Education Act of 1965 (20 U.S.C. + 8801)), a Head Start program assisted under the Head Start Act + (42 U.S.C. 9831 et seq.), and a child care facility licensed + under State law.''. + ``(ii) The term `community organization' means a private + nonprofit organization that is representative of a community or + a significant segment of a community and provides activities + for individuals described in subparagraph (A) or (B) of section + 6381(6), such as a scouting or sports organization.''. + (b) Schedule.--Section 6382(b)(1) of such title is amended by +inserting after the second sentence the following: ``Leave under +subsection (a)(3)(A) may be taken intermittently or on a reduced leave +schedule.''. + (c) Substitution of Paid Leave.--Section 6382(d) of such title is +amended by inserting before ``, except'' the following: ``, or for +leave provided under subsection (a)(3)(A) any of the employee's accrued +or accumulated annual leave under subchapter I for any part of the 24- +hour period of such leave under such subsection''. + (d) Notice.--Section 6382(e)(1) of such title is amended by adding +at the end the following: ``In any case in which an employee requests +leave under subsection (a)(3)(A), the employee shall provide the +employing agency with not less than 7 days' notice, before the date the +leave is to begin, of the employee's intention to take leave under such +subsection.''. + (e) Certification.--Section 6383 of such title is amended by adding +at the end the following: + ``(f) An employing agency may require that a request for leave +under section 6382(a)(3)(A) be supported by a certification issued at +such time and in such manner as the Office of Personnel Management may +by regulation prescribe.''. + +SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT. + + Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at +the end the following: + ``(E) To meet routine family medical needs, + including transportation of children for medical and + dental appointments for annual checkups and + vaccinations. + ``(F) To meet the routine medical care needs of + elderly individuals who are related to the eligible + employee, including visits to nursing homes and group + homes.''.","Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. +Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. +Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. +Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.",Family and Medical Leave Enhancement Act," The Family and Medical Leave Enhancement Act aims to amend the Family and Medical Leave Act of 1993 to provide eligible employees with additional leave for parental involvement. This includes entitlement to a total of 4 hours of leave during any 30-day period and a total of 24 hours during any 12-month period to participate in or attend activities sponsored by a school or community organization related to their child's program. This leave can be taken intermittently or on a reduced leave schedule, and employers may require certification for such leave requests. The Act also clarifies leave entitlement for meeting routine family medical needs, including transportation for medical and dental appointments for annual checkups and vaccinations, as well as meeting the routine medical care needs of elderly individuals related to the eligible employee." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Millennium Challenge Compact +Improvement Act (MCIA)''. + +SEC. 2. MILLENNIUM CHALLENGE COMPACT. + + (a) Duration of Compacts.--Section 609 of the Millennium Challenge +Act of 2003 (22 U.S.C. 7708) is amended-- + (1) by striking subsection (j); and + (2) by inserting after subsection (i) the following new + subsection: + ``(j) Duration of Compact.-- + ``(1) In general.--Except as provided in subparagraph (2), + the duration of a Compact shall not exceed 5 years. + ``(2) Exception.--The duration of a Compact (including a + regional Compact) may exceed 5 years if the Board-- + ``(A) determines that the Compact includes a + project that cannot be completed in 5 years or less; + and + ``(B) approves a duration for the Compact of not + more than 10 years. + ``(3) Advance notification.--Not later than 15 days before + the Board approves a duration for a Compact that exceeds 5 + years pursuant to subparagraph (2), the Board, acting through + the Chief Executive Officer, shall submit to the appropriate + congressional committees an advance notification of such + approval, including a detailed explanation for the + determination and approval.''. + (b) Concurrent and Subsequent Compacts.--Section 609 of such Act +(22 U.S.C. 7708) is amended-- + (1) by striking subsection (k); and + (2) by inserting after subsection (j) (as amended by + subsection (a)) the following new subsection: + ``(k) Concurrent and Subsequent Compacts.-- + ``(1) In general.--Subject to the requirements of paragraph + (2), and in accordance with the requirements of this title, an + eligible country and the United States-- + ``(A) may enter into and have in effect more than + one Compact at any given time; and + ``(B) may enter into subsequent Compacts after the + expiration of existing Compacts. + ``(2) Requirements.-- + ``(A) Concurrent compacts.--An eligible country and + the United States may enter into a concurrent Compact + (including a regional Compact) only if the Board + determines that the country is making considerable and + demonstrable progress in implementing the terms of its + existing Compact and supplementary agreements thereto. + ``(B) Subsequent compacts.--An eligible country and + the United States may enter into a subsequent Compact + only if the Board determines that the country has + substantially met the objectives of prior Compacts + between the country and the United States and + supplementary agreements thereto, or the Board + determines that the eligible country has demonstrated + sufficient capacity to perform successfully on a + subsequent Compact.''. + (c) Applicability.--The amendments made by subsections (a) and (b) +apply with respect to Compacts entered into between the United States +and an eligible country under the Millennium Challenge Act of 2003 +before, on or after the date of the enactment of this Act. + (d) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 +U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' +and inserting ``any''. + +SEC. 3. AUTHORIZATION OF REGIONAL ASSISTANCE. + + (a) Assistance.--Section 605(a) of the Millennium Challenge Act of +2003 (22 U.S.C. 7704(a)) is amended by adding at the end the following +new sentence: ``The assistance contemplated by this subsection may be +provided through a Compact with a country individually and/or through a +Compact with two or more countries in the same geographic region +collectively.''. + (b) Eligible Entities.--Section 605(c) of such Act (22 U.S.C. +7704(c)) is amended-- + (1) in paragraph (2), by striking ``or'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following: + ``(4) an entity, structure, or other arrangement + established by two or more eligible countries in connection + with a regional Compact.''. + (c) Conforming Amendments.-- + (1) Compact.--Section 609(a) of such Act (22 U.S.C. + 7708(a)) is amended by inserting after ``only if the country'' + the following: ``(or countries, in the case of a regional + Compact)''. + (2) Assistance for development of compact.--Section 609(g) + of such Act (22 U.S.C. 7708(g)) is amended-- + (A) by inserting after ``eligible country'' the + following: ``(or countries, in the case of a regional + compact)''; and + (B) by inserting at the end before the period the + following: ``(or countries, as appropriate)''. + (3) Suspension and termination of assistance.--Section 611 + of such Act (22 U.S.C. 7710) is amended-- + (A) by redesignating subsections (c) and (d) as + subsections (d) and (e), respectively; and + (B) by inserting after subsection (b) the following + new subsection: + ``(c) Regional Compacts.--In the case of a regional compact, the +Chief Executive Officer may-- + ``(1) after consultation with the Board, suspend or + terminate assistance in whole or in part to one or more + countries, as appropriate, based on a determination consistent + with subsection (a); and + ``(2) reinstate assistance for a country or countries, as + appropriate, based on a determination consistent with + subsection (b).''.","Millennium Challenge Compact Improvement Act (MCIA) - Amends the Millennium Challenge Act of 2003 to authorize under specified circumstances: (1) Millennium Challenge Compacts in excess of five years; and (2) concurrent Compacts. + +States that assistance may be provided through a Compact with a country individually and/or through a Compact with two or more countries in the same geographic region collectively. + +Sets forth provisions regarding suspension or termination of regional Compacts.","To amend the Millennium Challenge Act of 2003 to authorize regional and concurrent compacts under that Act, and for other purposes."," The Millennium Challenge Compact Improvement Act (MCIA) amends the Millennium Challenge Act of 2003 to adjust the duration of compacts, allowing them to exceed five years if certain conditions are met. It also allows for concurrent and subsequent compacts under specific conditions. The act authorizes regional assistance through compacts with multiple countries in the same geographic region." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Michelle's Law''. + +SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF + ABSENCE. + + (a) Amendments of ERISA.--Subpart A of part 7 of title I of the +Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et +seq.) is amended by adding at the end the following: + +``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE + OF ABSENCE. + + ``(a) Medically Necessary Leave of Absence.--In this section, the +term `medically necessary leave of absence' means a leave of absence +from a postsecondary educational institution (including an institution +of higher education as defined in section 102 of the Higher Education +Act of 1965) that-- + ``(1) is due to a severe illness or injury, as certified by + the attending physician of the dependent child involved; and + ``(2) causes the dependent child involved to lose full-time + student status. + ``(b) Requirement To Continue Coverage.-- + ``(1) In general.--In the case of a dependent child + described under paragraph (2), a group health plan (or health + insurance coverage offered in connection with such a plan) + shall not terminate coverage of such child due to a medically + necessary leave of absence before the date that is the earlier + of-- + ``(A) the date that is 1 year after the first day + of the medically necessary leave of absence; or + ``(B) the date on which such coverage would + otherwise terminate under the terms of the plan. + ``(2) Child described.--A dependent child described in this + paragraph is a child who-- + ``(A) is a dependent of a participant or + beneficiary of the plan or coverage; + ``(B) is 18 years of age or older; + ``(C) was enrolled in the plan or coverage as of + the first day of the medically necessary leave of + absence involved; and + ``(D) was enrolled as a full-time student at a + postsecondary educational institution (as described in + subsection (a)) until the first day of the medically + necessary leave of absence involved. + ``(3) Certification by physician.--Paragraph (1) shall not + apply to a group health plan (or health insurance coverage + offered in connection with such a plan) unless the dependent + child submits to the plan or issuer and the postsecondary + educational institution involved, documentation and + certification by the child's attending physician stating that + the leave of absence involved is a medically necessary leave of + absence. + ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any +breaks in the school semester shall not disqualify a dependent child +described under subsection (b) from coverage under this section. + ``(d) No Additional Coverage.--A dependent child described under +subsection (b) shall be entitled to an extension under this section of +only those benefits to which the child was entitled under the terms of +the plan or coverage as of the first day of the medically necessary +leave of absence involved. + ``(e) Coverage Under Successor Plan.--If an employer or health +insurance issuer changes group health plans after the first day of a +medically necessary leave of absence of dependent child described in +subsection (b) but before the date described under subsection (b)(1), +and such new group health plan offers coverage of dependent children, +such new group health plan shall be subject to this section in the same +manner as the group health plan coverage in effect on the first day of +the medically necessary leave of absence of such dependent child. + ``(f) Presumption.--For purposes of administrative or judicial +proceedings, there shall be a rebuttable presumption that the +documentation and certification under subsection (b)(3) entitles the +dependent child involved to coverage as described under this +section.''. + (b) Amendments to the Internal Revenue Code.--Subchapter B of +chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et +seq.) is amended-- + (1) in the table of sections, by inserting after the item + relating to section 9812 the following new item: + +``Sec. 9813. Coverage of dependent students on medically necessary + leave of absence.''; + and + (2) by inserting after section 9813 the following: + +``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY + LEAVE OF ABSENCE. + + ``(a) Medically Necessary Leave of Absence.--The term `medically +necessary leave of absence' means a leave of absence from a +postsecondary educational institution (including an institution of +higher education as defined in section 102 of the Higher Education Act +of 1965) that-- + ``(1) is due to a severe illness or injury, as certified by + the attending physician of the dependent child involved; and + ``(2) causes the dependent child involved to lose full-time + student status. + ``(b) Requirement To Continue Coverage.-- + ``(1) In general.--In the case of a dependent child + described under paragraph (2), a group health plan (or health + insurance coverage offered in connection with such a plan) + shall not terminate coverage of such child due to a medically + necessary leave of absence before the date that is the earlier + of-- + ``(A) the date that is 1 year after the first day + of the medically necessary leave of absence; or + ``(B) the date on which such coverage would + otherwise terminate under the terms of the plan. + ``(2) Child described.--A dependent child described in this + paragraph is a child who-- + ``(A) is a dependent of a participant or + beneficiary of the plan or coverage; + ``(B) is 18 years of age or older; + ``(C) was enrolled in the plan or coverage as of + the first day of the medically necessary leave of + absence involved; and + ``(D) was enrolled as a full-time student at a + postsecondary educational institution (as described in + subsection (a)) until the first day of the medically + necessary leave of absence involved. + ``(3) Certification by physician.--Paragraph (1) shall not + apply to a group health plan (or health insurance coverage + offered in connection with such a plan) unless the dependent + child submits to the plan or issuer and the postsecondary + educational institution involved, documentation and + certification by the child's attending physician stating that + the leave of absence involved is a medically necessary leave of + absence. + ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any +breaks in the school semester shall not disqualify a dependent child +described under subsection (b) from coverage under this section. + ``(d) No Additional Coverage.--A dependent child described under +subsection (b) shall be entitled to an extension under this section of +only those benefits to which the child was entitled under the terms of +the plan or coverage as of the first day of the medically necessary +leave of absence involved. + ``(e) Coverage Under Successor Plan.--If an employer or health +insurance issuer changes group health plans after the first day of a +medically necessary leave of absence of dependent child described in +subsection (b) but before the date described under subsection (b)(1), +and such new group health plan offers coverage of dependent children, +such new group health plan shall be subject to this section in the same +manner as the group health plan coverage in effect on the first day of +the medically necessary leave of absence of such dependent child. + ``(f) Presumption.--For purposes of administrative or judicial +proceedings, there shall be a rebuttable presumption that the +documentation and certification under subsection (b)(3) entitles the +dependent child involved to coverage as described under this +section.''.",Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.,"A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes."," Michelle's Law aims to amend ERISA (Employee Retirement Income Security Act of 1974) to ensure that dependent students on medically necessary leave of absence from postsecondary educational institutions maintain their health coverage for at least one year or until their coverage would otherwise terminate under the plan's terms. This law applies to dependent children aged 18 or older who were enrolled as full-time students before their leave of absence began. The dependent child must submit documentation and certification from their attending physician to confirm that their leave is medically necessary. This law does not disqualify dependent children from coverage due to breaks in semesters or require additional coverage beyond what they had before their leave of absence began. If an employer or health insurance issuer changes group health plans during the dependent child's leave but offers coverage for dependent children, the new plan must adhere to the same requirements as the previous plan." +"SECTION 1. COMMUNICATION SITE USE FEES. + + (a) Fees.--Notwithstanding any other provision of law, the +Secretary of the Interior and the Secretary of Agriculture (hereinafter +referred to as the ``Secretaries''), shall assess and collect charges +for utilization of radio and television communications sites located on +Federal lands administered by the Forest Service or the Bureau of Land +Management at such rates as the Forest Service and the Bureau of Land +Management shall establish or at such modified rates as are established +pursuant to the provisions of subsection (b) of this section. + (b) Adjustments.--(1) The Schedule of Charges established under +this section shall be reviewed by the Forest Service and the Bureau of +Land Management on an annual basis, and shall be adjusted by the Forest +Service and the Bureau of Land Management to reflect changes in the +Consumer Price Index. Increases or decreases in charges shall apply to +all categories of charges, but any increase or decrease shall not total +less than 3 percent or more than 5 percent of the charge assessed to +the user in the preceding year. The Bureau of Land Management and the +Forest Service shall transmit to the Congress notification of any such +adjustment not later than 60 days before the effective date of such +adjustment. + (2) Under the Schedule of Changes established under the section, if +any radio or television communications site user is to be charged an +amount that is greater than $1,000 more than the amount such site user +pays to the Bureau of Land Management or the Forest Service as of +January 1, 1993, then during the first year in which the Schedule of +Charges is in effect, such site user shall pay an amount equal to the +amount it paid to the Bureau of Land Management of the Forest Service +as of January 1, 1993, plus $1,000. Each year thereafter, such site +user shall pay the full amount under the Schedule of Charges, as +modified pursuant to the subsection. + (3) Under the Schedule of Charges established under this section, +if any radio or television communications site user is to be charged an +amount that is less than the amount such site user paid to the Bureau +of Land Management or the Forest Service as of January 1, 1993, then +such site user shall continue to pay the higher amount until such time +as the charge to the site user in the Schedule of Charges equals or +exceeds that amount, as modified pursuant to this subsection. + (c) Additional Users.--(1) If the radio or television +communications site user is permitted under the terms of its site use +authorization from the Bureau of Land Management or the Forest Service +to grant access to the site to additional users, then the radio or +television communications site user shall pay annually to the Bureau of +Land Management or the Forest Service an amount equal to 25 percent of +the gross income it receives from each such additional user during that +year. + (2) Authorizations to radio and television communications site +users shall require such site users to provide the Bureau of Land +Management or the Forest Service with a certified list which identifies +all additional users of such sites and all gross revenues received from +such additional users. The Bureau of Land Management and the Forest +Service shall not require any additional user of a radio or television +communications site to obtain a separate authorization to use such a +site. + (d) Administrative Provisions.--(1) The Secretaries shall prescribe +appropriate rules and regulations to carry out the provisions of this +section. + (2) Ten years after the date of enactment of this section, the +Secretaries shall establish a broad-based advisory group, including +representatives from the radio and television broadcast industry, to +review the Schedule of Charges and other acceptable criteria for +determining fair market value for radio and television communications +site uses. The advisory group shall report its findings to the Congress +no later than 1 year after it is established. + (e) Existing Charges.--(1) Until modified pursuant to subsection +(b) of this section, the Schedule of Charges for television +communications site users which the Secretaries shall prescribe +pursuant to subsection (a) of this section shall be as listed in +exhibit 3 (television rental fee schedule) in the report of the radio +and television broadcast use fee advisory committee dated December +1992. + (2) Until modified pursuant to subsection (b) of this section, the +Schedule of Charges for radio communications site users which the +Secretaries shall prescribe pursuant to subsection (a) of this section +shall be as listed in exhibit 4, radio rental fee schedule in the +report of the radio and television broadcast use fee advisory committee +dated December 1992. + +SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD. + + (a) Establishment.--The Secretaries of the Interior and Agriculture +are directed to jointly establish a broad-based advisory group +comprised of representatives from the nonbroadcast communications +industry (users of both private and public communication sites) and the +2 agencies to review recommendations on acceptable criteria for +determining fair market values and next best alternative use. + (b) Review.--The advisory group shall review the methodology used +in any previous studies and reach concurrence on such methodology. + (c) Assessments.--The advisory group shall also assess the validity +of the results of such studies, taking into account all reasonable +options for the establishment of fair market values and next best +alternative use. + (d) Report.--The advisory group shall report its findings to the +Committee on Energy and Natural Resources of the Senate and the +Committee on Natural Resources of the House of Representatives within 1 +year after the enactment of this Act.","Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. +Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.",To establish fees for communication sites on public lands., This text discusses communication site use fees for radio and television communications sites on federal lands managed by the Forest Service or the Bureau of Land Management. The Secretaries of the Interior and Agriculture are responsible for assessing and collecting these fees at rates established by the Forest Service and Bureau of Land Management. The Schedule of Charges is reviewed annually and adjusted to reflect changes in the Consumer Price Index. Users are required to pay an amount equal to 25% of their gross income from additional users each year. An advisory group is established to review the Schedule of Charges and other criteria for determining fair market value for radio and television communications site uses. +"SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT + PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT + PENALTY THROUGH DECEMBER 31, 2007. + + (a) Extension of Medicare Prescription Drug Initial Enrollment +Periods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social +Security Act (42 U.S.C. 1395w-101(b)(1)) is amended-- + (1) in subparagraph (B)(iii), by inserting ``subparagraph + (D) and'' after ``Subject to''; and + (2) by adding at the end the following new subparagraph: + ``(D) Extension of initial enrollment periods.--For + purposes of subparagraph (B)(iii), in applying section + 1851(e)(1), with respect to the annual, coordinated election + period-- + ``(i) for 2006, such period shall begin on November + 15, 2005, and end on November 14, 2006; and + ``(ii) for 2007, such period shall begin on + November 15, 2006, and end on November 14, 2007.''. + (b) Suspension of Late Enrollment Penalty Through December 31, +2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w- +113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after +``any month''. + +SEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS + ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT. + + Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w- +101(b)(1)) is amended by adding at the end the following new +subparagraph: + ``(D) Open enrollment and disenrollment period for + first 12 months of enrollment.--In establishing the + process under subparagraph (A), in the case of a part D + eligible individual who initially enrolls under section + 1860D-1(a) in a prescription drug plan on or after the + date of enactment of this paragraph, the Secretary + shall permit such individual to change such enrollment + into another prescription drug plan once at any time + during the first 12 months of such initial enrollment + (other than during an annual, coordinated election + period referred to in section 1860D- + 1(b)(1)(B)(iii)).''. + +SEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES; + NOTICE OF CHANGE IN FORMULARY. + + (a) Limitation on Removal or Change of Covered Part D Drugs From +the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the +Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read +as follows: + ``(E) Removing a drug from formulary or imposing a + restriction or limitation on coverage.-- + ``(i) Limitation on removal, limitation, or + restriction.-- + ``(I) In general.--Subject to + subclause (II) and clause (ii), + beginning with 2006, the PDP sponsor of + a prescription drug plan may not remove + a covered part D drug from the plan + formulary or impose a restriction or + limitation on the coverage of such a + drug (such as through the application + of a preferred status, usage + restriction, step therapy, prior + authorization, or quantity limitation) + other than at the beginning of each + plan year except as the Secretary may + permit to take into account new + therapeutic uses and newly covered part + D drugs. + ``(II) Special rule for newly + enrolled individuals.--Subject to + clause (ii), in the case of an + individual who enrolls in a + prescription drug plan on or after the + date of enactment of this subparagraph, + the PDP sponsor of such plan may not + remove a covered part D drug from the + plan formulary or impose a restriction + or limitation on the coverage of such a + drug (such as through the application + of a preferred status, usage + restriction, step therapy, prior + authorization, or quantity limitation) + during the period beginning on the date + of such enrollment and ending on + December 31 of the immediately + succeeding plan year except as the + Secretary may permit to take into + account new therapeutic uses and newly + covered part D drugs. + ``(ii) Exceptions to limitation on + removal.--Clause (i) shall not apply with + respect to a covered part D drug that-- + ``(I) is a brand name drug for + which there is a generic drug approved + under section 505(j) of the Food and + Drug Cosmetic Act (21 U.S.C. 355(j)) + that is placed on the market during the + period in which there are limitations + on removal or change in the formulary + under subclause (I) or (II) of clause + (i); + ``(II) is a brand name drug that + goes off-patent during such period; + ``(III) is a drug for which the + Commissioner of Food and Drugs issues a + clinical warning that imposes a + restriction or limitation on the drug + during such period; or + ``(IV) has been determined to be + ineffective during such period. + ``(iii) Notice of removal under application + of exception to limitation.--The PDP sponsor of + a prescription drug plan shall provide + appropriate notice (such as under subsection + (a)(3)) of any removal or change under clause + (ii) to the Secretary, affected enrollees, + physicians, pharmacies, and pharmacists.''. + (b) Notice of Change in Formulary and Other Restrictions or +Limitations on Coverage.-- + (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. + 1395w-104(a)) is amended by adding at the end the following new + paragraph: + ``(5) Annual notice of changes in formulary and other + restrictions or limitations on coverage.--Each PDP sponsor + offering a prescription drug plan shall furnish to each + enrollee at the time of each annual coordinated election period + (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year + a notice of any changes in the formulary or other restrictions + or limitations on coverage of a covered part D drug under the + plan that will take effect for the plan year.''. + (2) Effective date.--The amendment made by paragraph (1) + shall apply to annual coordinated election periods beginning + after the date of the enactment of this Act.","Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit; (2) suspend the late enrollment penalty through December 31, 2007; and (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. + +Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. + +Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year.","To amend part D of title XVIII of the Social Security Act to extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit and suspend the late enrollment penalty through December 31, 2007, to permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice."," This text discusses amendments to the Social Security Act regarding Medicare prescription drug plans. Key points include: + +1. Extension of Medicare Prescription Drug Initial Enrollment Periods for 2006 and 2007, with enrollment periods beginning on November 15th of each respective year and ending on November 14th of the following year. +2. Suspension of late enrollment penalties through December 31, 2007. +3. Open enrollment and disenrollment allowed during the first 12 months of enrollment for Medicare prescription drug plans. +4. Limitation on removing or changing covered Part D drugs from prescription drug plan formularies, with exceptions for brand name drugs that go off-patent or have clinical warnings or are deemed ineffective. +5. Notice requirements for changes in formulary and other restrictions or limitations on coverage for prescription drug plans." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``School Desegregation Litigation +Reform Act of 1996''. + +SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. + + (a) In General.--Section 213 of the Equal Educational Opportunities +Act of 1974 (20 U.S.C. 1712) is amended to read as follows: +``Sec. 213. Appropriate remedies in school cases + ``(a) Requirements for Relief.-- + ``(1) Prospective relief.--(A) A Federal court shall not + have jurisdiction to award prospective relief in any civil + action with respect to the operation of public schools that + extends further than necessary to remedy the violation of a + Federal right of a plaintiff. + ``(B) A Federal court shall not have jurisdiction to grant + or approve any prospective relief unless the court finds that + such relief is narrowly drawn, extends no further than + necessary to remedy the violation of the Federal right, and is + the least intrusive means necessary to remedy the violation of + the Federal right. + ``(C) A Federal court shall not have jurisdiction to order + any prospective relief that requires or permits a government + official to exceed authority under State or local law or + otherwise violates State or local law, unless-- + ``(i) Federal law requires such relief to be + ordered in violation of State or local law; + ``(ii) the relief is necessary to remedy a + violation of a Federal right; and + ``(iii) no other relief will remedy the violation + of a Federal right. + ``(D) Nothing in this section shall be construed to + authorize a Federal court, in exercising its remedial powers, + to order the assignment of students to particular schools on + the basis of race, color, or national origin, to order the + raising of taxes, or to repeal, or make less restrictive from + otherwise applicable limitations, the remedial powers of the + courts. + ``(2) Student assignment orders.--(A) In any civil action + with respect to the operation of public schools, a Federal + court shall not have jurisdiction to enter a student assignment + order unless-- + ``(i) a Federal court has previously entered an + order for less intrusive relief that has failed to + remedy the violation of the Federal right sought to be + remedied through the student assignment order; and + ``(ii) the defendant has had a reasonable time to + comply with the previous court order. + ``(B)(i) In any civil action with respect to the operation + of the public schools, a student assignment order shall be + entered only by a three-judge court in accordance with section + 2284 of title 28, United States Code. + ``(C) A party seeking a student assignment order in a + Federal court shall file with any request for such relief, a + request for a three-judge court and materials sufficient to + demonstrate that the requirements of subparagraph (a) have been + met. + ``(D) The three-judge court shall enter a student + assignment order only if the court finds by clear and + convincing evidence that-- + ``(i) the requirements of subparagraph (a) have + been met; and + ``(ii) no other relief will remedy the violation of + the Federal right. + ``(b) Termination of Relief.-- + ``(1) Termination of prospective relief.--(A) Subject to + the limitation set forth in paragraph (3), in any civil action + with respect to the operation of the public schools in which + prospective relief is ordered, such relief shall be terminated + upon the motion of any party or intervenor-- + ``(i) 2 years after the date the court granted or + approved the prospective relief; or + ``(ii) 1 year after the date the court has entered + an order denying termination of prospective relief + under this paragraph. + ``(B) Nothing in this section shall prevent the parties + from agreeing to terminate or modify relief before the relief +is terminable under subparagraph (A). + ``(2) Immediate termination of prospective relief.--In any + civil action with respect to the operation of the public + schools, a defendant or intervenor shall be entitled to the + immediate termination of any prospective relief if the relief + was approved or granted in the absence of a finding by the + court that the relief is narrowly drawn, extends no further + than necessary to remedy the violation of the Federal right, + and is the least intrusive means necessary to remedy the + violation of the Federal right. + ``(3) Limitation.--(A) Prospective relief shall not + terminate if the court previously entered the prospective + relief after finding it necessary to remedy a violation of a + Federal right and the plaintiff establishes by a preponderance + of the evidence that prospective relief remains necessary to + remedy a current and ongoing violation of that Federal right. + The court shall not permit discovery. + ``(B) Nothing in this section shall prevent any plaintiff + from bringing a new civil action with respect to the operation + of the public schools against a party to a pending civil action + with respect to the operation of the public schools for a new + violation of a Federal right, or obtaining prospective relief + consistent with the provisions of this section for such a new + violation. If a new action is brought in Federal court, it + shall not be heard by any judge who has previously entered an + order for prospective relief in a civil action that has been in + effect for longer than 2 years with respect to the operation of + the public schools. + ``(4) Termination or modification of relief.--Nothing in + this section shall prevent any party or intervenor from seeking + modification or termination before the relief is terminable + under paragraph (1) or (2), to the extent that modification or + termination would otherwise be legally permissible. + ``(c) Settlements.-- + ``(1) Consent decrees.--In any civil action with respect to + the operation of public schools, a Federal court shall not have + jurisdiction to enter or approve a consent decree unless it + complies with the limitations on relief set forth in subsection + (a). + ``(2) Private settlement agreements.--Nothing in this + section shall preclude parties from entering into a private + settlement agreement that does not comply with the limitations + on relief set forth in subsection (a). + ``(d) Procedure for Motions Affecting Prospective Relief.--The +court shall promptly rule on any motion to modify or terminate +prospective relief in a civil action with respect to the operation of +the public schools. + ``(e) Special Masters.--In any civil action with respect to the +operation of public schools-- + ``(1) In general.--(A) The court may appoint a special + master who shall be disinterested and objective to conduct + hearings on the record and prepare proposed findings of fact. + ``(B) The court shall appoint a special master during the + remedial phase of the action only upon a finding that the + remedial phase will be sufficiently complex to warrant the + appointment. + ``(2) Appointment.--(A) If the court determines that the + appointment of a special master is necessary, the court shall + request that the defendant and the plaintiff each submit a list + of not more than 5 persons to serve as a special master. + ``(B) Each party shall have the opportunity to remove up to + 3 persons from the opposing party's list. + ``(C) The court shall select the master from the persons + remaining on the list after the application of subparagraph + (B). + ``(D) If the court determines that the persons remaining on + the list are not qualified to serve as special master, the + court may appoint a person not on the list with the consent of + all parties. + ``(3) Interlocutory appeal.--Any party shall have the right + to an interlocutory appeal of the judge's selection of the + special master, on the ground of partiality. + ``(4) Compensation.--The compensation to be allowed to a + special master shall be based on an hourly rate not greater + than the hourly rate established under section 3006A of title + 18 for payment of court-appointed counsel, plus costs + reasonably incurred by the special master. Such compensation + and costs shall be paid with funds appropriated to the + judiciary. In no event shall the court require the parties to + pay the compensation or costs of the special master. + ``(5) Regular review of appointment.--The court shall + review the appointment of the special master every 6 months to + determine whether the services of the special master continue + to be required under paragraph (1). In no event shall the + appointment of a special master extend beyond the termination + of the relief. + ``(6) Limitations on powers and duties.--A special master + appointed in any civil action with respect to the operation of + public schools-- + ``(A) may be authorized by a court to conduct + hearings on the record and shall make any findings of + fact based on the record as a whole; + ``(B) shall not make any findings or communications + ex parte; and + ``(C) may be removed at any time, but shall be + relieved of the appointment upon the termination of + relief. + ``(7) The requirements of paragraphs (1) through (4) shall + apply only to special masters appointed after the date of + enactment of School Desegregation Litigation Reform Act of + 1996. + ``(f) Intervention.--In any civil action with respect to the +operation of public schools, any State or local official or unit of +government whose jurisdiction includes the appropriation of funds for, +or the operation of, public schools shall have standing to oppose the +imposition or continuation in effect of prospective relief and to seek +termination of such relief, and shall have the right to intervene in +any proceeding relating to such relief. + ``(g) Definitions.--As used in this section-- + ``(1) the term `consent decree' means any relief entered by + the court that is based in whole or in part upon the consent or + acquiescence of the parties, but does not include private + settlement agreements; + ``(2) the term `civil action with respect to the operation + of public schools' means any civil proceeding arising under + Federal law with respect to the operation of any public school + system by any State or local government that alleges that the + public school system has been or is being operated in violation + of the 5th or 14th amendment rights or any other provision of + Federal law that guarantees equal educational opportunity; + ``(3) the term `student assignment order' includes any + order, including a temporary restraining order or preliminary + injunctive relief, that has the purpose or effect of directing + or regulating the particular public school to which students + are assigned to attend; + ``(4) the term `private settlement agreement' means an + agreement entered into among the parties that is not subject to + judicial enforcement other than the reinstatement of the civil + proceeding that was concluded as a result of the agreement + entering into force; + ``(5) the term `prospective relief' means all relief other + than compensatory monetary damages, including the appointment + of a special master; + ``(6) the term `special master' means any person appointed + by a Federal court pursuant to rule 53 of the Federal Rules of + Civil Procedure or pursuant to any power of the court to + exercise the powers of a master, regardless of the title or + description given by the court; + ``(7) the term `relief' means all relief in any form that + may be ordered or approved by the court, and includes consent + decrees but does not include private settlement agreements; and + ``(8) the term `violation of a Federal right' includes a + violation of a Federal constitutional or Federal statutory + right, but does not include a violation of a court order that + is not independently a violation of a Federal constitutional or + Federal statutory right.''. + (b) Application of Amendment.--Section 213 of the Equal Educational +Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, +shall apply with respect to all prospective relief whether such relief +was originally ordered or approved before, on, or after the date of the +enactment of this Act. + +SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. + + Section 204 of the Equal Educational Opportunities Act of 1974 (20 +U.S.C. 1703) is amended to read as follows: +``Sec. 204. Denial of equal educational opportunity prohibited + ``No State shall deny equal educational opportunity to an +individual on account of race, color, or national origin, by-- + ``(1) the intentional segregation by an educational agency + of students on the basis of race, color, or national origin + among or within schools; + ``(2) the assignment or transfer by the State, the courts + of any State, any educational agency or official thereof, or + any Federal agency or official thereof of a student to a + school, other than the one closest to the place of residence + within the school district in which the student resides, if the + assignment was made on the basis of race, color, or national + origin, of students among schools in the school district, + including assignments made for the purpose of attaining a + balance on the basis of race, color, or national origin, + unless-- + ``(A) such assignment is necessary to remedy the + violation of a Federal right (as defined in section + 213(g)(8)); and + ``(B) there are no other means for remedying the + violation of the Federal right; or + ``(3) the modification of the lines drawn by the State, + subdividing its territory into separate school districts, if + the modification was made for the purpose of attaining a + balance, on the basis of race, color, or national origin, of + students among public schools, unless-- + ``(A) such assignment is necessary to remedy the + violation of a Federal right (as defined in section + 213(g)(8)); and + ``(B) there are no other means for remedying the + violation of the Federal right.''. + +SEC. 4. CONFORMING AMENDMENTS. + + (a) Policy.--Section 202 of the Equal Educational Opportunities Act +of 1974 (20 U.S.C. 1701) is amended-- + (1) in subsection (a), by striking ``(a) The'' and + inserting ``The''; and + (2) by striking subsection (b). + (b) Findings.--Section 203(b) of the Equal Educational +Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) +by striking ``elimination of the vestiges of dual school systems, +except that the provisions of this title are not intended to modify or +diminish the authority of the courts of the United States to enforce +fully the fifth and fourteenth amendments to the Constitution of the +United States.'', and inserting ``denial of equal educational +opportunity, limit the jurisdiction of the Federal courts over the +operations of public schools, and prohibit the use of race, color, or +national origin as a basis for making school assignments.''. + (c) Civil Actions.--Section 207 of the Equal Educational +Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- + (1) inserting ``or a school district in which such an + individual resides on behalf of such an individual, or any + State or local official or unit of government whose + jurisdiction includes the appropriation of funds for, or the + operation of, a school district in which such an individual + resides on behalf of such an individual,'' after ``this part'' + in the first sentence; and + (2) striking ``institute a civil action'', and inserting + ``institute or intervene in a civil action''. + (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational +Opportunities Act of 1974 are repealed.","School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. +Revises prohibitions against State denial of equal educational opportunity. +Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions.",School Desegregation Litigation Reform Act of 1996," The School Desegregation Litigation Reform Act of 1996 aims to amend Section 213 of the Equal Educational Opportunities Act of 1974 to establish guidelines for appropriate remedies in school cases. It prohibits federal courts from awarding prospective relief in any civil action with respect to public school operations that extends further than necessary to remedy a violation of a federal right. The act also outlines requirements for student assignment orders and termination of relief. Additionally, it amends Section 204 of the Equal Educational Opportunities Act of 1974 to prohibit states from denying equal educational opportunity to individuals based on race, color, or national origin." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Continuity of Electric Capacity +Resources Act''. + +SEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY + RESOURCES. + + Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is +amended by adding at the end the following: + +``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY + RESOURCES. + + ``(a) Definitions.--In this subsection: + ``(1) Bulk-power system; transmission organization.--The + terms `bulk-power system' and `transmission organization' have + the meaning given the terms in section 215. + ``(2) Electric capacity resource.--The term `electric + capacity resource' means an electric generating resource, as + measured by the maximum load-carrying ability of the resource, + exclusive of station use and planned, unplanned, or other + outage or derating. + ``(3) Regional reliability coordinator.--The term `regional + reliability coordinator' has the meaning given the term + `reliability coordinator' (as defined by the Electric + Reliability Organization). + ``(b) Electric Capacity Resources Report.-- + ``(1) Notice.--Not later than 14 days after the date of + enactment of this section, the Commission shall submit to each + transmission organization with a tariff on file with the + Commission that includes provisions addressing the procurement + of electric capacity resources notice that the transmission + organization is required to file with the Commission a report + in accordance with paragraph (2). + ``(2) Report.--Not later than 180 days after the date on + which a transmission organization receives a notice under + paragraph (1), the transmission organization shall submit to + the Commission a report that-- + ``(A)(i) identifies electric capacity resources + that are available to the transmission organization as + of the date of the report; and + ``(ii) describes the fuel sources and operational + characteristics of each electric capacity resource + identified under clause (i); + ``(B) evaluates, using generally accepted metrics, + the financial health, viability, and projected + remaining years of service of the available electric + capacity resources identified under subparagraph + (A)(i); + ``(C) identifies-- + ``(i) over the short- and long-term periods + in the planning cycle of the transmission + organization, announced and projected + retirements of the available electric capacity + resources; + ``(ii) the projected future needs of the + transmission organization for electric capacity + resources; and + ``(iii) the availability of transmission + facilities and transmission support services + necessary to provide for the transmission + organization reasonable assurances of essential + reliability services, including adequate + voltage support; + ``(D) assesses the current and projected status of + the reliability of the elements of the bulk-power + system under the control of the transmission + organization, over the short- and long-term periods in + the planning cycle of the transmission organization + (including the current and projected status of electric + capacity resources), as determined by the regional + reliability coordinator that has been designated by the + Electric Reliability Organization to have oversight + over the bulk-power system elements under the control + of the transmission organization; and + ``(E) prior to the submission of the report, has + been made available to members of the transmission + organization and to the public for comment. + ``(c) Tariff Amendments.-- + ``(1) In general.--Not later than 180 days after the date + on which the Commission receives a report submitted under + subsection (b), the transmission organization that submitted + the report shall file with the Commission-- + ``(A) 1 or more tariff amendments that would + achieve each of the objectives described in paragraph + (2) with respect to the transmission organization; and + ``(B) supporting information that demonstrates the + manner in which the amendments would achieve each of + those objectives, taking into account the report + submitted under subsection (b)(2). + ``(2) Objectives.--The objectives referred to in paragraph + (1) are the following: + ``(A) A diverse generation portfolio and the + availability of transmission facilities and + transmission support services necessary to provide + reasonable assurances of a continuous supply of + electricity for customers of the transmission + organization at the proper voltage and frequency. + ``(B) An enhanced opportunity for self-supply of + electric capacity resources by electric cooperatives, + Federal power marketing agencies, and State utilities + with a service obligation (as those terms are defined + in section 217(a)), with the term `self-supply' to be + defined in the supporting information filed under + paragraph (1). + ``(C) A reasonable assurance of short- and long- + term reliability, with the terms `short-term + reliability' and `long-term reliability' to be defined + by the applicable regional reliability coordinator + referred to in subsection (b)(2)(D). + ``(D) A reasonable likelihood of prudent investment + in, and adequate fuel supply for, existing and future + electric capacity resources over the short- and long- + term periods in the planning cycle identified in the + applicable report submitted under subsection (b)(2).''. + +SEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR + EMERGENCY. + + Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is +amended-- + (1) in the first sentence, by striking ``(c) During'' and + inserting the following: + ``(c) Authorization During War or Emergency.-- + ``(1) In general.--During''; and + (2) by adding at the end the following: + ``(2) No liability.--Any person subject to an order issued + under this subsection shall not be liable for actions carried + out in compliance with the order.''."," Continuity of Electric Capacity Resources Act This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources. Report contents must: identify electric capacity resources available to the transmission organization; describe the fuel sources and operational characteristics of each electric capacity resource; evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources; and assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control. Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers. The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency.",Continuity of Electric Capacity Resources Act," The Continuity of Electric Capacity Resources Act aims to ensure diversity and continuity of electric capacity resources by amending Title II of the Federal Power Act. It requires transmission organizations with tariffs addressing electric capacity resource procurement to submit reports to the Commission. These reports must identify available resources, describe their fuel sources and operational characteristics, evaluate their financial health and projected service years, identify retirements and future needs, assess current and projected reliability status, and be made available for public comment before submission. Transmission organizations must then file tariff amendments to achieve objectives such as diverse generation portfolios, enhanced self-supply opportunities for certain entities, and short- and long-term reliability assurances." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Strengthening Homeland Security, +Intelligence, and Essential Law Enforcement Departments Act of 2011'' +or the ``SHIELD Act of 2011''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The United States Armed Forces represent the finest + fighting force in the world. + (2) An interruption in compensation could affect morale and + cause hardship which would threaten United States security and + the safety of our troops. + (3) It is a vital national interest that the United States + Armed Forces, including reserve components, can operate with + the assurance that they will continue to receive pay and + allowances for their service if a funding gap occurs. + (4) Federal law enforcement officers are highly trained and + dedicated men and women, committed to protecting liberty, + public safety, and the security of our Nation from both foreign + and domestic threats. + (5) They have no equal in the private sector, and perform a + role that is both unique and vital to the continuing operation + of the Federal Government and commerce during times of crisis. + (6) Each and every day, Federal law enforcement officers + are engaged around the clock in activities that include, but + are not limited to, dignitary protection, criminal + investigation, homeland security, border security, intelligence + gathering, and fighting waste, fraud and abuse. + (7) These critical Government functions cannot be + interrupted due to an absence of Congressional appropriations + or during periods of a Government shutdown, nor can we expect + that the threats posed by violent criminals, terrorists and + America's enemies will lessen during such periods of fiscal + uncertainty. + +SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE + AND FEDERAL LAW ENFORCEMENT. + + In the event that the total public debt reaches the public debt +limit, as established under section 3101 of title 31, United States +Code, the following payments on obligations incurred by the Government +of the United States shall be made: + (1) The pay and allowances of members of the Army, Navy, + Air Force, Marine Corps, and Coast Guard, including reserve + components thereof, who perform active service. + (2) The pay and allowances of critical law enforcement + officers who are employed by Federal agencies. + +SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW + ENFORCEMENT DURING A FUNDING GAP. + + (a) Appropriation of Funds for Military Pay and Allowances.--During +a period of lapsed appropriations for the Armed Forces, the Secretary +of the Treasury shall make available to the Secretary of Defense (and +the Secretary of Homeland Security in the case of the Coast Guard), out +of any amounts in the general fund of the Treasury not otherwise +appropriated, such amounts as the Secretary of Defense (and the +Secretary of Homeland Security in the case of the Coast Guard) +determines to be necessary to continue to provide pay and allowances +(without interruption) to members of the Army, Navy, Air Force, Marine +Corps, and Coast Guard, including reserve components thereof, who +perform active service during the period of lapsed appropriations. + (b) Appropriation of Funds for Federal Law Enforcement Officer Pay +and Allowances.--During a period of lapsed appropriations for a federal +agency that employs critical law enforcement officers, the Secretary of +the Treasury shall make available to the head of such agency, out of +any amounts in the general fund of the Treasury not otherwise +appropriated, such amounts as the heads of such agencies determine to +be necessary to continue to provide pay and allowances (without +interruption) to such critical law enforcement officers during the +period of lapsed appropriations. + +SEC. 5. DEFINITIONS. + + In this Act: + (1) Critical law enforcement officer.--The term ``critical + law enforcement officer'' means an employee-- + (A) who has statutory authority to make arrests or + apprehensions; + (B) who is authorized by the agency of the employee + to carry firearms; and + (C) whose duties include performing emergency work + involving the safety of human life or the protection of + property. + (2) Period of lapsed appropriations.--The term ``period of + lapsed appropriations'' means any period during which + appropriations are not available due to the absence of the + timely enactment of any Act or joint resolution (including any + Act or joint resolution making continuing appropriations) + appropriating funds for the payment of the pay and allowances. + (3) Total public debt.--The term ``total public debt'' has + the meaning given such term in section 3130 of title 31, United + States Code.","Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011 or SHIELD Act of 2011 - Requires, in the event that the U.S. public debt limit is reached, priority payment of the pay and allowances of: (1) members of the Armed Forces, including reserves, who perform active service; and (2) critical law enforcement officers employed by federal agencies. + +Requires the Secretary of the Treasury, during a period of lapsed appropriations for the Armed Forces or federal agencies employing critical law enforcement officers, to make available necessary amounts to continue such pay and allowances.",To prioritize the payment of pay and allowances to members of the Armed Forces and Federal law enforcement officers in the event the debt ceiling is reached or there is a funding gap.," The ""Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011"" or ""SHIELD Act of 2011"" aims to ensure that members of the U.S. Armed Forces and federal law enforcement officers continue to receive pay and allowances during funding gaps or periods of fiscal uncertainty. In case the total public debt reaches its limit, priority payments will be made to active service members and critical law enforcement officers employed by federal agencies. Emergency appropriations will be made available for military pay and allowances during lapsed appropriations for the Armed Forces, as well as for federal law enforcement officer pay and allowances during lapsed appropriations for agencies employing critical law enforcement officers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Child Care Access and Refundability +Expansion Act'' or as the ``Child CARE Act''. + +SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES. + + (a) Credit Made Refundable.-- + (1) In general.--The Internal Revenue Code of 1986 is + amended by redesignating section 21 as section 36C and by + moving such section after section 36B. + (2) Credit not allowed for services provided outside the + united states.--Section 36C(b)(2)(A) of such Code, as + redesignated by this section, is amended by adding at the end + the following: ``Such term shall not include any amount paid + for services provided outside the United States.''. + (3) Conforming amendments.-- + (A) Section 23(f)(1) of such Code is amended by + striking ``section 21(e)'' and inserting ``section + 36C(e)''. + (B) Section 35(g)(6) of such Code is amended by + striking ``section 21(e)'' and inserting ``section + 36C(e)''. + (C) Section 36C(a)(1) of such Code, as redesignated + by this section, is amended by striking ``this + chapter'' and inserting ``this subtitle''. + (D) Section 129(a)(2)(C) of such Code is amended by + striking ``section 21(e)'' and inserting ``section + 36C(e)''. + (E) Section 129(b)(2) of such Code is amended by + striking ``section 21(d)(2)'' and inserting ``section + 36C(d)(2)''. + (F) Section 129(e)(1) of such Code is amended by + striking ``section 21(b)(2)'' and inserting ``section + 36C(b)(2)''. + (G) Section 213(e) of such Code is amended by + striking ``section 21'' and inserting ``section 36C''. + (H) Section 6211(b)(4)(A) of such Code is amended + by inserting ``36C,'' after ``36B,''. + (I) Section 6213(g)(2)(H) of such Code is amended + by striking ``section 21'' and inserting ``section + 36C''. + (J) Section 6213(g)(2)(L) of such Code is amended + by striking ``section 21, 24, 32, or 6428'' and + inserting ``section 24, 32, 36C, or 6428''. + (K) Paragraph (2) of section 1324(b) of title 31, + United States Code, is amended by inserting ``36C,'' + after ``36B,''. + (L) The table of sections for subpart A of part IV + of subchapter A of chapter 1 of the Internal Revenue + Code of 1986 is amended by striking the item relating + to section 21. + (M) The table of sections for subpart C of part IV + of subchapter A of chapter 1 of such Code is amended by + inserting after the item relating to section 36B the + following new item: + +``Sec. 36C. Expenses for household and dependent care services + necessary for gainful employment.''. + (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as +redesignated by this section, is amended-- + (1) by striking ``$3,000'' in paragraph (1) and inserting + ``$8,000'', and + (2) by striking ``$6,000'' in paragraph (2) and inserting + ``twice the dollar amount in effect under paragraph (1)''. + (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section +36C(a)(2) of such Code, as redesignated by this section, is amended by +striking ``35 percent'' and all that follows and inserting ``50 +percent.''. + (d) Income Limitation.--Section 36C(a) of such Code, as +redesignated by this section, is amended by adding at the end the +following new paragraph: + ``(3) Income limitation.--No credit shall be allowed under + paragraph (1) with respect to any taxpayer for any taxable year + if the taxpayer's adjusted gross income for such taxable year + exceeds $200,000.''. + (e) Inflation Adjustment of Dollar and Income Limitations.--Section +36C(e) of such Code, as redesignated by this section, is amended by +adding at the end the following new paragraph: + ``(11) Inflation adjustment.-- + ``(A) In general.--In the case of any taxable year + beginning in a calendar year after 2015, the $8,000 + amount in subsection (c)(1) and the $200,000 amount in + subsection (a)(3) shall each be increased by an amount + equal to-- + ``(i) such dollar amount, multiplied by + ``(ii) the cost-of-living adjustment + determined under section 1(f)(3) for the + calendar year in which the taxable year begins, + determined by substituting `calendar year 2014' + for `calendar year 1992' in subparagraph (B) + thereof. + ``(B) Rounding.--Any increase determined under + subparagraph (A) shall be rounded to the nearest + multiple of $100.''. + (f) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2014. + +SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 is amended by adding at the end +the following new section: + +``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT. + + ``(a) In General.--For the purposes of section 38, the child care +center education credit determined under this section for the taxable +year is an amount equal to 50 percent of so much of the child care +educational expenses paid or incurred by the taxpayer with respect to +the operation of a qualified child care center during the taxable year. + ``(b) Limitation.--The child care educational expenses taken into +account under subsection (a) with respect to any eligible employee of +the taxpayer for any taxable year shall not exceed $1,000. + ``(c) Definitions.--For purposes of this section-- + ``(1) Child care educational expenses.-- + ``(A) In general.--The term `child care educational + expenses' means, with respect to any eligible employee, + expenses paid or incurred by the taxpayer to an + eligible educational institution (as defined in section + 25A(f)(2)) for classes related to early childhood + education or development or child care certification. + ``(B) Eligible employee.--The term `eligible + employee' means any employee of the taxpayer whose + primary job function is providing care to children in a + qualified child care center. + ``(2) Qualified child care center.--The term `qualified + child care center' means any dependent care center (as defined + in section 36C(b)(2)(D)) located in the United States which + meets the requirements of section 36C(b)(2)(C)(i). + ``(d) Denial of Double Benefit.--No deduction shall be allowed +under this chapter for the portion of the expenses otherwise allowable +as a deduction that are taken into account in determining the credit +under this section for the taxable year.''. + (b) Credit To Be Part of General Business Credit.--Subsection (b) +of section 38 of such Code is amended by striking ``plus'' at the end +of paragraph (35), by striking the period at the end of paragraph (36) +and inserting ``, plus'', and by adding at the end the following new +paragraph: + ``(37) the child care center education credit determined + under section 45S(a).''. + (c) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 of such Code is amended by adding +at the end the following new item: + +``Sec. 45S. Child care center education credit.''. + (d) Effective Date.--The amendments made by this section shall +apply to expenses paid or incurred after the date of the enactment of +this Act, in taxable years ending after such date.","Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such credit for services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year; and (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50% of the child care educational expenses, up to a maximum of $1,000 in any taxable year, paid with respect to the operation of a qualified child care center. ",Child CARE Act," The Child Care Access and Refundability Expansion Act (Child CARE Act) aims to amend the Internal Revenue Code of 1986 to make the dependent care expenses credit refundable, increase the dollar limitation for qualified expenses, allow for a credit for 50% of qualified expenses, and set an income limitation for taxpayers. Additionally, it introduces a child care center education credit for taxpayers with eligible employees working at qualified child care centers. The act also adjusts for inflation and specifies effective dates for these changes." +"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."," This text outlines a series of resolutions aimed at addressing the threat posed by the Lord's Resistance Army (LRA) in Uganda and surrounding regions. Key points include: + +1. A regional strategy for disarming the LRA must be developed by the President within 180 days after enactment. This strategy must include plans to protect civilians from LRA attacks, coordinate efforts across agencies, engage with regional mechanisms, and evaluate progress. +2. Humanitarian assistance is authorized for areas outside Uganda affected by the LRA, with $10 million allocated for fiscal year 2010. +3. Recovery and reconstruction assistance is encouraged for northern Uganda, focusing on economic revitalization, improving governance, strengthening police capacity, rebuilding the justice system, and addressing psychosocial trauma. +4. Assistance for reconciliation and transitional justice is supported, with $10 million allocated for each fiscal year from 2010 to 2012. +5. A report on the progress made towards implementing these strategies must be submitted by the Secretary of State within one year after the strategy's submission." +"SECTION 1. FINDINGS. + + Congress finds the following: + (1) Armed conflicts in the Middle East have created refugee + populations numbering in the millions and comprised of peoples + from many ethnic, religious, and national backgrounds. + (2) Jews have lived mostly as a minority in the Middle + East, North Africa, and the Persian Gulf region for more than + 2,500 years. + (3) The United States has long voiced its concern about the + mistreatment of minorities and the violation of human rights in + the Middle East and elsewhere. + (4) The United States continues to play a pivotal role in + seeking an end to the Arab-Israeli conflict in the Middle East + and to promoting a peace that will benefit all the peoples of + the region. + (5) United States administrations historically have called + for a just solution to the Palestinian refugee problem. + (6) The Palestinian refugee issue has received considerable + attention from countries of the world while the issue of Jewish + refugees from the Arab and Muslim worlds has received very + little attention. + (7) A comprehensive peace in the region will require the + resolution of all outstanding issues through bilateral and + multilateral negotiations involving all concerned parties. + (8) Approximately 850,000 Jews were displaced from Arab + countries since the declaration of the State of Israel in 1948. + (9) The United States has demonstrated interest and concern + about the mistreatment, violation of rights, forced expulsion, + and expropriation of assets of minority populations in general, + and, in particular, former Jewish refugees displaced from Arab + countries as evidenced, inter alia, by-- + (A) the Memorandum of Understanding signed by + President Jimmy Carter and Israeli Foreign Minister + Moshe Dayan on October 4, 1977, which states that ``[a] + solution of the problem of Arab refugees and Jewish + refugees will be discussed in accordance with rules + which should be agreed''; + (B) after negotiating the Camp David Accords, the + Framework for Peace in the Middle East, the statement + by President Jimmy Carter in a press conference on + October 27, 1977, that ``Palestinians have rights . . . + obviously there are Jewish refugees . . . they have the + same rights as others do''; and + (C) in an interview after Camp David II in July + 2000, at which the issue of Jewish refugees displaced + from Arab lands was discussed, the statement by + President Clinton that ``There will have to be some + sort of international fund set up for the refugees. + There is, I think, some interest, interestingly enough, + on both sides, in also having a fund which compensates + the Israelis who were made refugees by the war, which + occurred after the birth of the State of Israel. Israel + is full of people, Jewish people, who lived in + predominantly Arab countries who came to Israel because + they were made refugees in their own land.''. + (10) On April 1, 2008, the House of Representatives passed + House Resolution 185, expressing the sense of the House of + Representatives that-- + (A) for any comprehensive Middle East peace + agreement to be credible and enduring, the agreement + must address and resolve all outstanding issues + relating to the legitimate rights of all refugees, + including Jews, Christians, and other populations, + displaced from countries in the Middle East; and + (B) the President should instruct the United States + Representative to the United Nations and all United + States representatives in bilateral and multilateral + fora to-- + (i) use the voice, vote, and influence of + the United States to ensure that any + resolutions relating to the issue of Middle + East refugees, and which include a reference to + the required resolution of the Palestinian + refugee issue, must also include a similarly + explicit reference to the resolution of the + issue of Jewish refugees from Arab countries; + and + (ii) make clear that the United States + Government supports the position that, as an + integral part of any comprehensive Arab-Israeli + peace, the issue of refugees from the Middle + East, North Africa, and the Persian Gulf must + be resolved in a manner that includes + recognition of the legitimate rights of and + losses incurred by all refugees displaced from + Arab countries, including Jews, Christians, and + other groups. + (11) The international definition of a refugee clearly + applies to Jews who fled the persecution of Arab regimes, where + a refugee is a person who ``owing to a well-founded fear of + being persecuted for reasons of race, religion, nationality, + membership of a particular social group, or political opinion, + is outside the country of his nationality, and is unable to or, + owing to such fear, is unwilling to avail himself of the + protection of that country'' (the 1951 Convention relating to + the Status of Refugees). + (12) On January 29, 1957, the United Nations High + Commissioner for Refugees (UNHCR), determined that Jews fleeing + from Arab countries were refugees who fell within the mandate + of the UNHCR. + (13) Subsequently, in a second UNHCR declaration, Dr. E. + Jahn of the Office of the United Nations High Commissioner + stated, on July 6, 1967: ``I refer to our recent discussion + concerning Jews from Middle Eastern and North African countries + in consequence of recent events. I am now able to inform you + that such persons may be considered prima facie within the + mandate of this Office.''. + (14) United Nations Security Council Resolution 242 of + November 22, 1967, calls for a ``just settlement of the refugee + problem'' without distinction between Palestinian and Jewish + refugees, and this is evidenced by the following: + (A) On November 16, 1967, the United Kingdom + submitted a draft of Resolution 242 (S/8247) to the + United Nations Security Council. This United Kingdom + draft called for a just settlement of ``the refugee + problem''. The Soviet Union submitted its own draft of + Resolution 242 (S/8253) to the United Nations Security + Council four days later which restricted the just + settlement to only ``Palestinian refugees''. + (B) On November 22, 1967, the United Nations + Security Council unanimously approved the draft of + Resolution 242 advanced by the United Kingdom. It thus + rejected the limitation proposed by the Soviet Union + and accepted the broader notion of a ``just settlement + of the refugee problem'' arising out of the Middle East + conflict to include Palestinian and Jewish refugees. + (C) Justice Arthur Goldberg, the United States + Chief Delegate to the United Nations at that time, who + was instrumental in drafting the unanimously adopted + Resolution 242, pointed out that ``The Resolution + addresses the objective of `achieving a just settlement + of the refugee problem'. This language presumably + refers both to Arab and Jewish refugees, for about an + equal number of each abandoned their homes as a result + of the several wars.''. + (15) In his opening remarks before the January 28, 1992, + organizational meeting for multilateral negotiations on the + Middle East in Moscow, United States Secretary of State James + Baker made no distinction between Palestinian refugees and + Jewish refugees in articulating the mission of the Refugee + Working Group, stating that ``[t]he refugee group will consider + practical ways of improving the lot of people throughout the + region who have been displaced from their homes''. + (16) The Roadmap to a Permanent Two-State Solution to the + Israeli-Palestinian Conflict, which refers in Phase III to an + ``agreed, just, fair, and realistic solution to the refugee + issue'', uses language that is equally applicable to all + persons displaced as a result of the conflict in the Middle + East. + (17) Israel's agreements with Egypt, Jordan, and the + Palestinians have affirmed that a comprehensive solution to the + Arab-Israeli conflict will require a just solution to the + plight of all refugees. + (18) Israel's long-standing position in support of the + rights and claims of Jewish refugees from Arab countries and + Iran is well-established: + (A) On September 28, 1969, Israel adopted + Government Decision number 34, in which it set up a + special, temporary department in the Ministry of + Justice to gather facts and evidence regarding property + expropriated and persecution perpetrated on Jews in + Egypt, Iraq, Syria, and Yemen. + (B) On March 3, 2002, Israel adopted Government + Decision number 1544, in which it reaffirmed Government + Decision number 34 and expanded it to include Jews who + left all Arab countries and Iran. + (C) On December 28, 2003, Israel adopted Government + Decision number 1250, in which it reaffirmed Government + Decisions number 34 and 1544 and directed the + Department for the Rights of Jews from Arab Countries + in the Ministry of Justice to continue collecting + information on property expropriated and persecution + perpetrated on Jews in Arab countries, create a + centralized database of this information, and publish + this information to encourage parties to come forward. + (19) Recently, in February 2010, the Israeli Knesset + adopted a law preserving the rights for compensation for Jewish + refugees who originated from Arab countries and Iran. According + to this law, the Israeli government and its prime minister are + instructed to raise the issue of compensation for private and + communal property during negotiations. + (20) The initiative to secure rights and redress for Jews + who were forced to flee Arab countries does not conflict with + the right of Palestinian refugees to claim redress. + (21) All countries should be aware of the plight of Jews + and other minority groups displaced from countries in the + Middle East, North Africa, and the Persian Gulf. + (22) An international campaign has been proceeding in some + 20 countries to record the history and legacy of Jewish + refugees from Arab countries. + (23) A just, comprehensive Arab-Israeli peace cannot be + reached without addressing the uprooting of centuries-old + Jewish communities in the Middle East, North Africa, and the + Persian Gulf. + (24) It would be inappropriate and unjust for the United + States to recognize rights for Palestinian refugees without + recognizing equal rights for Jewish refugees from Arab + countries. + +SEC. 2. REPORT. + + Not later than 1 year after the date of the enactment of this Act, +and every two years thereafter, the President shall submit to Congress +a report on the following: + (1) Actions the executive branch has taken to fulfill the + sense of the House of Representatives, as contained in + paragraph (2) of the first section of House Resolution 185 (as + passed the House of Representatives on April 1, 2008) and + described in section 1(10)(B) of this Act. + (2) Actions the executive branch has taken to use the + voice, vote, and influence of the United States to ensure that + any statements that include a reference to the required + resolution of the Palestinian refugee issue by the Quartet on + the Middle East, which includes the United Nations, the United + States, the European Union, and Russia, must also include a + similarly explicit reference to the resolution of the issue of + Jewish refugees from Arab countries. + (3) Assistance the United States has provided to Israel to + help it accomplish its goal that the interests of Jews + displaced from Arab countries are considered in any final + settlement of the Middle East refugee question that is part of + any comprehensive Arab-Israeli peace. + (4) Recommended actions that would ensure that the + interests of all refugees displaced from Arab countries, + including Jews, Christians, and other groups, are considered in + any final settlement of the Middle East refugee question that + is part of any comprehensive Arab-Israeli peace.","Directs the President to report to Congress every two years regarding executive branch actions taken to ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.",To direct the President to submit to Congress a report on actions the executive branch has taken relating to the resolution of the issue of Jewish refugees from Arab countries.," This document summarizes Congress's findings on the issue of Jewish refugees from Arab countries and their rights. It highlights that the United States has historically called for a just solution to the Palestinian refugee problem and has shown interest in addressing the issue of Jewish refugees from Arab and Muslim worlds. The document emphasizes that a comprehensive peace in the region will require resolving all outstanding issues through bilateral and multilateral negotiations involving all concerned parties. It also discusses various resolutions and statements made by the United States and other countries regarding the rights of Jewish refugees from Arab countries. Finally, it outlines the requirements for a report to be submitted by the President to Congress on actions taken to address these issues." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Care Corps Act of 2014''. + +SEC. 2. DEFINITIONS. + + For purposes of this Act, the following definitions shall apply: + (1) Corps.--The term ``Corps'' means the National Care + Corps established under section 3 of this Act. + (2) Director.--The term ``Director'' means the Director of + the Corps appointed under section 3(b)(1) of this Act. + (3) Local care corps program.--The term ``local Care Corps + program'' means a program funded with a grant awarded under + section 10(b) of this Act that hosts Corps members and arranges + for them to provide approved services to individuals in need. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + +SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. + + (a) In General.--There is established in the Department of Health +and Human Services a program to be known as the ``National Care Corps'' +through which Corps members provide approved services to individuals in +need via participation in local Care Corps programs. + (b) Staff.-- + (1) Appointment of director.--The Secretary, acting through + the Administrator for Community Living, shall appoint a + Director of the Corps. + (2) Duties of director.--The Director shall-- + (A) design, develop, and administer Corps programs; + (B) manage the daily operations of the Corps; and + (C) report to the Administrator for Community + Living. + (3) Authority to employ staff.--The Director may employ + such staff as is necessary to carry out this Act. + +SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS. + + (a) In General.-- + (1) Selection.--The Director shall select eligible + individuals for membership in the Corps. + (2) Nondiscrimination.--In selecting Corps members, the + Director shall comply with all applicable provisions of State + and Federal laws and regulations pertaining to + nondiscrimination and equal employment opportunity. + (b) Eligible Individuals.--To be eligible for membership in the +Corps, an individual shall-- + (1) be at least 18 years of age on or before December 31 of + the calendar year in which the individual begins participation + in the Corps; + (2) agree to participate in the Corps for a period of not + more than 24 months; + (3) submit an application to the Director at such time, in + such manner, and containing such information as the Director + may require; + (4) pass a criminal background check as described in + subsection (c); and + (5) agree to comply with such terms and conditions as the + Director may require. + (c) Criminal Background Check.-- + (1) In general.--Before selecting any individual for + membership in the Corps, the Director shall request a criminal + background check of such individual. + (2) Membership prohibitions.--An individual shall be + ineligible to be a Corps member if-- + (A) such individual refuses to consent to the + criminal background check; or + (B) the criminal background check does not + demonstrate to the Director's satisfaction that such + individual is fit for Corps service. + +SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS. + + (a) In General.--The Director shall provide for members of the +Corps to receive allowances, health insurance, and post-service +educational awards authorized by this section. + (b) Allowances.--The Director shall provide each Corps member with +such living, travel, and leave allowances, and such housing +transportation, supplies, equipment, and subsistence as the Director +may determine to be necessary for the member's maintenance and to +ensure the member's health and capacity to serve effectively. + (c) Health Insurance.-- + (1) In general.--The Director shall provide for each Corps + member to receive health insurance coverage. + (2) Minimum essential coverage.--The health insurance + coverage described paragraph (1) shall meet the requirements of + section 5000A(f) of the Internal Revenue Code of 1986. + (d) Post-Service Educational Award.-- + (1) In general.--The Director shall establish an + educational award for Corps members. + (2) Amounts.-- + (A) Amount for full-time service.--In the case of a + Corps member who completes a 12-month term of full-time + service as determined by the Director, such member + shall receive an educational award having a value equal + to the maximum amount of a Federal Pell Grant under + section 401 of the Higher Education Act of 1965 (20 + U.S.C. 1070a) that a student eligible for such grant + may receive in the aggregate (without regard to whether + the funds are provided through discretionary or + mandatory appropriations) for the award year. A Corps + member may receive up to 2 such awards. + (B) Amount for other periods of service.--In the + case of a Corps member who completes less than a 12- + month term of full-time service as determined by the + Director, such member may receive a portion of the + educational award described in subparagraph (A) that + corresponds to the quantity of service actually + completed by the member. + (3) Uses of award.--An educational award shall be used to + pay-- + (A) costs of attendance at an institution of higher + education; or + (B) government or commercial loans received by an + individual for costs of attendance at an institution of + higher education. + (4) Definitions.--For purposes of this subsection, the + following definitions shall apply: + (A) Cost of attendance.--The term ``cost of + attendance'' has the meaning given such term by section + 472 of the Higher Education Act of 1965 (20 U.S.C. + 1087ll). + (B) Institution of higher education.--The term + ``institution of higher education'' has the meaning + given such term by section 101(a) of the Higher + Education Act of 1965 (20 U.S.C. 1001(a)). + (e) Regulations.--The Director shall issue any regulations that the +Director determines to be necessary to carry out this section. + +SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH + DISABILITIES. + + (a) Assignment of Corps Members.-- + (1) In general.--The Director shall assign each Corps + member to participate in a local Care Corps program. + (2) Priority of assignment.--In assigning Corps members to + local Care Corps programs, the Director shall assign not less + than 20 percent of members to programs that serve geographic + areas in which the Director determines there is a shortage of + approved services available to individuals in need, with + consideration given to low-income and minority populations. + (b) Services Provided by Corps Members.-- + (1) In general.--Corps members may only provide approved + services to individuals in need through participation in local + Care Corps programs. + (2) Approved services.--Approved services are services + provided directly to individuals in need in home-based settings + that-- + (A) result in person-to-person, supportive + relationships with each individual served; + (B) support the achievement and maintenance of the + highest level of independent living for each individual + in need; + (C) are meaningful to the Corps member; and + (D) are supported by appropriate orientation, + training, and supervision. + (3) Prohibited services.--In performing duties as a Corps + member, no member shall provide-- + (A) professional medical services; + (B) administrative support services to a local + Corps program; + (C) care in an institutional setting; + (D) care prohibited under State law; or + (E) any other services determined by the director + to be inconsistent with the purposes of the Corps. + (4) Guidance regarding scope of services.--The Director may + issue guidance describing the scope of services that may be + provided by Corps members. In issuing such guidance, the + Director shall provide for a public notice and comment period + of not less than 30 days before issuing the guidance in final + form. + (c) Individual in Need.--The term ``individual in need'' means an +individual who-- + (1) is at least 65 years of age or has a disability as + defined in section 3 of the Americans With Disabilities Act of + 1990 (42 U.S.C. 12102); + (2) has difficulty with self-care; and + (3) meets such other criteria as the Director determines to + be appropriate. + +SEC. 7. TRAINING AND STANDARDS OF CONDUCT. + + (a) Pre-Assignment Training Program.--The Director shall develop a +training program that provides Corps members with instruction in the +skills necessary to carry out an assignment in a local Care Corps +program. Such training program shall include-- + (1) at least 20 hours of instruction for each Corps member; + and + (2) any other requirements the Director determines to be + appropriate. + (b) Standards of Conduct.--The Director shall establish and enforce +standards to promote proper conduct and discipline within the Corps. + +SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW. + + (a) In General.--Except as otherwise provided in this section, +members of the Corps shall not, by reason of their status as members, +be treated as Federal employees or be subject to the provisions of law +relating to Federal employment. + (b) Work-Related Injuries.-- + (1) In general.--For purposes of subchapter I of chapter 81 + of title 5, United States Code, relating to the compensation of + Federal employees for work injuries, members of the Corps shall + be treated as employees of the United States within the meaning + of the term ``employee'', as defined in section 8101 of such + title. + (2) Special rule.--In the application of the provisions of + subchapter I of chapter 81 of title 5, United States Code, to a + member of the Corps, the member shall not be treated to be in + the performance of duty while absent from the member's assigned + post of duty unless the absence is authorized in accordance + with procedures prescribed by the Director. + (c) Tort Claims Procedure.--A member of the Corps shall be treated +as an employee of the United States for purposes of chapter 171 of +title 28, United States Code, relating to tort claims liability and +procedure. + +SEC. 9. REPORTING REQUIREMENTS. + + The Secretary of Health and Human Services, acting through the +Administrator for Community Living, shall transmit to Congress at least +once in each fiscal year a report on the Corps. At minimum, such report +shall include-- + (1) a description of the population served by the Corps + during the preceding fiscal year; + (2) an evaluation of Corps operations; and + (3) recommendations, if any, for improving Corps + operations. + +SEC. 10. LOCAL CARE CORPS PROGRAMS. + + (a) Functions of Local Care Corps Programs.--Local Care Corps +programs shall-- + (1) conduct in-person orientation and training for Corps + members; + (2) develop and monitor member assignments, which shall + include selecting the individuals in need to be served by Corps + members, matching members to assignments, and supervising + members; + (3) maintain records and prepare reports as required by the + Director; and + (4) carry out any other activities determined to be + appropriate by the Director. + (b) Grants for Local Care Corps Programs.--The Director may award +grants to qualified entities for the operation of local Care Corps +programs. + (1) Qualified entity.--The term ``qualified entity'' means + a public or private nonprofit entity that is-- + (A) part of an aging network, as defined by section + 102(5) of the Older Americans Act of 1965 (42 U.S.C. + 3002(5)); + (B) a time-banking or volunteer organizing agency; + (C) a State, county, or local government; or + (D) any other entity determined to be appropriate + by the Director. + (2) Application process.--To be eligible for a grant under + this subsection, a qualified entity shall-- + (A) submit an application to the Director at such + time, in such manner, and containing such information + as the Director may require; and + (B) abide by such terms and conditions as the + Director determines to be appropriate. + +SEC. 11. AUTHORIZATION OF APPROPRIATIONS. + + (a) In General.--There is authorized to be appropriated +$350,000,000 for each of the fiscal years beginning after the date of +the enactment of this Act. + (b) Continued Availability of Funds.--Amounts authorized to be +appropriated under subsection (a) for a fiscal year are authorized to +remain available for that fiscal year and the subsequent fiscal year.",National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care.,National Care Corps Act of 2014," The National Care Corps Act of 2014 establishes a National Care Corps within the Department of Health and Human Services to provide approved services to individuals in need through local Care Corps programs. The Corps will be directed by an appointed Director who will design, develop, and administer Corps programs, manage daily operations, and report to the Administrator for Community Living. Members will be selected based on age, agreement to participate for up to 24 months, application submission, criminal background check, and agreement to comply with terms and conditions set by the Director. Members will receive allowances, health insurance, and post-service educational awards. The Director will assign members to local Care Corps programs with priority given to areas with shortages of approved services available to individuals in need. Corps members may only provide approved services to individuals in need through participation in local Care Corps programs. Members will undergo pre-assignment training and will be subject to standards of conduct established by the Director. Members will not be treated as federal employees but will be treated as employees for work injuries and tort claims liability purposes. Local Care Corps programs will conduct orientation and training for members, develop and monitor member assignments, maintain records, prepare reports, and carry out other activities determined by the Director. Grants for local Care Corps programs may be awarded to qualified entities by the Director." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``End Excessive Oil Speculation Now +Act of 2011''. + +SEC. 2. ELIMINATION OF EXCESSIVE OIL SPECULATION. + + (a) Findings.--Congress finds that-- + (1) the national average retail price for a gallon of + gasoline was $3.75 on June 8, 2011; + (2) increased gasoline prices are causing severe economic + pain to the American people; + (3) Congress has a responsibility-- + (A) to ensure that gasoline prices at the pump + reflect the fundamentals of supply and demand; and + (B) to bring needed relief to consumers and + businesses of the United States at the gas pump; + (4) there is mounting evidence that the spike in gasoline + prices has-- + (A) little to do with the fundamentals of supply + and demand; and + (B) more to do with Wall Street speculators + increasing oil and gas prices in the energy futures and + swaps markets; + (5) as of May 27, 2011-- + (A) the supply of gasoline in the United States was + higher than it was 2 years ago; and + (B) the demand for gasoline was lower than it was 2 + years ago when the national average for a gallon of + regular unleaded gasoline was $2.44 a gallon; + (6) on May 12, 2011, Exxon Mobil Chairman and Chief + Executive Officer, Rex Tillerson, told the Committee on Finance + of the Senate that oil should cost between $60 and $70 per + barrel, if the price of oil was based on supply and demand + fundamentals; + (7) on March 21, 2011, Goldman Sachs warned clients that + speculators were boosting crude oil prices by as much as $27 a + barrel; + (8) on March 25, 2011, Delta Airlines General Counsel, Ben + Hirst, said that the marginal cost of oil production is between + $60 to $70 a barrel; + (9) in the summer of 2008, when gas prices rose to over $4 + a gallon, Saudi Arabian government officials told the Federal + Government that speculators were responsible for increasing oil + prices by about $40 a barrel; + (10) the Commodity Futures Trading Commission has the + authority to ensure that the price discovery for oil and + gasoline is based on the fundamentals of supply and demand, + rather than excessive speculation; + (11) title VII of the Dodd-Frank Wall Street Reform and + Consumer Protection Act (15 U.S.C. 8301 et seq.) (and + amendments made by that Act) requires the Commission to + establish position limits ``to diminish, eliminate, or prevent + excessive speculation'' for trading in crude oil, gasoline, + heating oil and other physical commodity derivatives; + (12) as of the date of introduction of this Act, the + Commission has failed to impose position limits to diminish, + eliminate, or prevent excessive oil and gasoline speculation as + required by law; and + (13) the proposed position limits for derivatives that the + Commission included in the notice of proposed rulemaking + entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 + (January 26, 2011)) are not scheduled to go into effect until + the first quarter of 2012, which would-- + (A) occur on a date that is later than the + statutory deadline for the regulations; and + (B) fail to diminish, eliminate, or prevent + excessive speculation as required by the Dodd-Frank + Wall Street Reform and Consumer Protection Act (Public + Law 111-203; 124 Stat. 1376). + (b) Elimination of Excessive Oil Speculation.-- + (1) Definitions.--In this Act: + (A) Bona-fide hedge trading; bona-fide hedge + transaction.--The terms ``bona-fide hedge trading'' and + ``bona-fide hedge transaction'' means a transaction or + position that-- + (i)(I) represents a substitute for a + transaction made or to be made, or a position + taken or to be taken, at a later time in a + physical marketing channel; + (II) is economically appropriate for the + reduction of risks in the conduct and + management of a commercial enterprise; and + (III) arises from the potential change in + the value of-- + (aa) assets that a person owns, + produces, manufactures, processes, or + merchandises or anticipates owning, + producing, manufacturing, processing, + or merchandising; + (bb) liabilities that a person has + incurred or anticipates incurring; or + (cc) services that a person + provides, purchases, or anticipates + providing or purchasing; or + (ii) reduces risks attendant to a position + resulting from a swap that-- + (I) was executed opposite a + counterparty for which the transaction + would qualify as a bona-fide hedging + transaction; or + (II) meets the requirements of + clause (i). + (B) Commission.--The term ``Commission'' means the + Commodity Futures Trading Commission. + (2) Duty of chairman of the commission.--Notwithstanding + section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any + other provision of law (including regulations), not later than + 14 days after the date of enactment of this Act, the Chairman + of the Commission shall unilaterally-- + (A) establish 1 or more speculative position limits + in any registered entity on or through which crude oil, + gasoline, diesel fuel, jet fuel, or heating oil futures + or swaps are traded that are equal to the position + accountability levels or position limits, as + appropriate, established by the New York Mercantile + Exchange; + (B) establish 1 or more speculative position limits + that are equal to the position accountability levels or + position limits, as appropriate, established by the New + York Mercantile Exchange on the aggregate number or + amount of positions in contracts based upon the same + underlying commodity that may be held by any person, + including any group or class of traders, for each month + across-- + (i) contracts listed by designated contract + markets; + (ii) with respect to an agreement, + contract, or transaction that settles against + any price (including the daily or final + settlement price) of 1 or more contracts listed + for trading on a registered entity, contracts + traded on a foreign board of trade that + provides members or other participants located + in the United States with direct access to the + electronic trading and order matching system of + the foreign board of trade; and + (iii) swap contracts that perform or affect + a significant price discovery function with + respect to regulated entities; + (C) establish margin requirements of 12 percent for + speculative swaps and futures trading in crude oil, + gasoline, diesel fuel, jet fuel, and heating oil; + (D) require that each bank holding company, + investment bank, hedge fund, or swaps dealer engaged in + the trading of energy futures or swaps for the benefit + of the bank holding company, investment bank, hedge + fund, or swaps dealer or on the behalf of, or as + counterparty to, an index fund, exchange traded fund, + or other noncommercial participant-- + (i) register with the Commission as a + noncommercial participant; and + (ii) be subject to each position limit and + margin requirement under this subsection for + each position in a manner by which the position + is considered to be a speculative, proprietary + position of the bank holding company, + investment bank, hedge fund, or swaps dealer; + (E) take any other action that the Chairman of the + Commission determines to be necessary to eliminate + excessive speculation in the aggregate to ensure that + the price of crude oil, gasoline, diesel fuel, jet + fuel, and heating oil accurately reflects the + fundamentals of supply and demand; and + (F) ensure that each bank holding company, hedge + fund, investment bank, and swaps dealer that is engaged + in the trading of energy futures or swaps for the + benefit of the bank holding company, hedge fund, + investment bank, and swaps dealer, or on the behalf of, + or as counterparty to, 1 or more noncommercial + participants, abides by each position limit and margin + requirement under this subsection. + (3) Applicability.--Each position limit and margin + requirement under this subsection shall not apply to bona-fide + hedge trading. + (4) Adjustments.--Notwithstanding section 2 of the + Commodity Exchange Act (7 U.S.C. 2) or any other provision of + law (including regulations), the Chairman of the Commission may + adjust any position limit under this subsection to the extent + that the position of all noncommercial participants or + speculators (in the aggregate and measured on an annual basis) + shall not equal an amount greater than 35 percent of the + annual, aggregate position of all traders in such futures and + swaps market or markets for crude oil, gasoline, diesel fuel, + jet fuel, and heating oil trading. + (5) Sunset.-- + (A) In general.--This Act, and the authority + provided under this Act, shall terminate on the date on + which the Commission imposes position limits to + diminish, eliminate, or prevent excessive speculation + as required by, and increased margin requirements as + authorized in, title VII of the Dodd-Frank Wall Street + Reform and Consumer Protection Act (15 U.S.C. 8301 et + seq.) (and amendments made by that Act). + (B) Sense of congress.--It is the sense of Congress + that, if finalized, the proposed position limits for + derivatives that the Commission included in the notice + of proposed rulemaking entitled ``Position Limits for + Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) + are not sufficient to fulfill the statutory + requirements of title VII of the Dodd-Frank Wall Street + Reform and Consumer Protection Act (15 U.S.C. 8301 et + seq.) (and amendments made by that Act) to diminish, + eliminate, or prevent excessive speculation.","End Excessive Oil Speculation Now Act of 2011 - Directs the Chairman of the Commodity Futures Trading Commission (CFTC) to establish speculative position limits: (1) in any registered trading entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits established by the New York Mercantile Exchange (Exchange); and (2) that are equal to the position accountability levels or position limits established by such Exchange upon the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person (including any group or class of traders) for each month across specified contracts, transactions, and swap contracts. + + Directs the Chairman to: (1) establish margin requirements of 12% for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (2) require each bank holding company, investment bank, hedge fund, or swaps dealer trading energy futures or swaps for its own benefit, or on behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant, to register with the CFTC as a noncommercial participant and be subject to position limits and margin requirements under this Act. + +Exempts bona-fide hedge trading from such position limits and margin requirements. + +Expresses the sense of Congress that, if finalized, the proposed position limits for derivatives that the CFTC included in a specified notice of proposed rulemaking do not fulfill the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act to diminish, eliminate, or prevent excessive speculation.","To require the Chairman of the Commodity Futures Trading Commission to impose unilaterally position limits and margin requirements to eliminate excessive oil speculation, and to take other actions to ensure that the price of crude oil, gasoline, diesel fuel, jet fuel, and heating oil accurately reflects the fundamentals of supply and demand, to remain in effect until the date on which the Commission establishes position limits to diminish, eliminate, or prevent excessive speculation as required by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and for other purposes."," The ""End Excessive Oil Speculation Now Act of 2011"" aims to address the issue of excessive oil speculation causing increased gasoline prices that negatively impact American consumers and businesses. The Act highlights that there is evidence suggesting that speculators are increasing oil prices rather than supply and demand fundamentals. It calls for the Commodity Futures Trading Commission (CFTC) to establish position limits to prevent excessive speculation as required by law. The Act also outlines specific actions for the CFTC Chairman to take to eliminate excessive speculation and ensure that oil prices accurately reflect supply and demand fundamentals." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fair Justice Act of 2001''. + +SEC. 2. ESTABLISHMENT. + + There is established the Fair Justice Agency (in this Act referred +to as the ``Agency''), which shall be an independent agency in the +executive branch of the Government. + +SEC. 3. DIRECTOR. + + (a) In General.--There is at the head of the Agency a Director, who +shall be responsible for the exercise of all powers and the discharge +of all duties of the Agency. + (b) Appointment.--The Director shall be appointed for a term of ten +years by the President, by and with the advice and consent of the +Senate, from among persons who, by reason of general background and +experience, are specially qualified to manage the full range of +responsibilities of the Director. + (1) Background check.--The pre confirmation background + check for the Director shall be conducted by the law + enforcement divisions of the Department of Treasury. + (c) Pay.-- + (1) In general.--The Director shall be paid at the rate + payable for level II of the Executive Schedule. + (2) Conforming amendment.--Section 5313 of title 5, United + States Code, is amended by adding at the end the following + item: ``Director, Fair Justice Agency.''. + (d) Travel Expenses.--The Director and individuals appointed under +section 5(a) shall receive travel expenses in accordance with sections +5702 and 5703 of title 5, United States Code. + (e) Dismissal.-- + (1) In general.--The Director may be dismissed only by the + President for inefficiency, neglect of duty, or malfeasance in + office. + (2) Report.--Within five days after dismissing a Director + under this subsection, the President shall submit to the + Congress a report containing a detailed statement of the + reasons for the dismissal. + +SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY. + + (a) In General.--The Director may investigate and prosecute any +alleged misconduct, criminal activity, corruption, or fraud by an +officer or employee of the Department of Justice. + (b) Specific Functions and Powers.--The authority of the Director +under subsection (a) shall include the following: + (1) Conducting proceedings before grand juries and other + investigations. + (2) Participating in court proceedings and engaging in any + litigation, including civil and criminal matters, that the + Director considers necessary. + (3) Appealing any decision of a court in any case or + proceeding in which the Director participates in an official + capacity. + (4) Reviewing all documentary evidence available from any + source. + (5) Determining whether to contest the assertion of any + testimonial privilege. + (6) Receiving appropriate national security clearances and, + if necessary, contesting in court (including participating in + camera proceedings) any claim of privilege or attempt to + withhold evidence on grounds of national security. + (7) Making applications to any Federal court for a grant of + immunity to any witness, consistent with applicable statutory + requirements, or for warrants, subpoenas, or other court +orders, and for purposes of this Act exercising the authority of a +United States attorney or the Attorney General under sections 6003, +6004, and 6005 of title 18, United States Code. + (8) Inspecting, obtaining, or using the original or a copy + of any tax return, in accordance with the applicable statutes + and regulations, and, for purposes of this Act exercising the + authority vested in a United States attorney or the Attorney + General under section 6103 of the Internal Revenue Code of 1986 + and the regulations issued thereunder. + (9) Initiating and conducting prosecutions in any court of + competent jurisdiction, framing and signing indictments, filing + informations, and handling all aspects of any case, in the name + of the United States. + (10) Consulting with the United States attorney for the + district in which any violation of law being investigated or + prosecuted by the Director is alleged to have occurred. + +SEC. 5. OFFICERS AND EMPLOYEES + + (a) Officers and Employees.--The Director may appoint and fix the +compensation of such officers and employees, including attorneys, as +the Director considers appropriate. + (b) Applicability of Certain Civil Service Laws.--Such officers and +employees shall be appointed subject to the provisions of title 5, +United States Code, governing appointments in the competitive service, +and shall be paid in accordance with the provisions of chapter 51 and +subchapter III of chapter 53 of that title relating to classification +and General Schedule pay rates. + (c) Experts and Consultants.--The Director may procure temporary +and intermittent services under section 3109(b) of title 5, United +States Code, at rates for individuals not to exceed the maximum rate +payable under the General Schedule. + +SEC. 6. ADMINISTRATIVE POWERS. + + (a) Rules.--The Director may prescribe such procedural and +administrative rules and regulations as the Director deems necessary or +appropriate to administer and manage the functions now or hereafter +vested in the Director. + (b) Reorganization.--The Director may establish, alter, +consolidate, or discontinue such organizational units or components +within the Agency as the Director considers appropriate. + (c) Mails.--The Agency may use the United States mails in the same +manner and under the same conditions as other departments and agencies +of the United States. + (d) Administrative Support Services.--Upon the request of the +Director, the Administrator of General Services shall provide to the +Agency, on a reimbursable basis, the administrative support services +necessary for the Agency to carry out its responsibilities under this +Act. + (e) Contract Authority.--The Director may enter into and perform +such contracts, leases, cooperative agreements, or other similar +transactions with government and private agencies or persons for +supplies and services, to the extent or in the amounts provided in +advance in appropriation Acts. + (f) Seal of Agency.--The Director shall cause a seal of office to +be made for the Agency of such design as the Director shall approve. +Judicial notice shall be taken of such seal. + +SEC. 7. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Director to carry +out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal +year 2002, and $20,000,000 for fiscal year 2003.","Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.","To establish the Fair Justice Agency as an independent agency for investigating and prosecuting alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice."," The Fair Justice Act of 2001 establishes the Fair Justice Agency as an independent agency within the executive branch of the government. The agency is headed by a Director appointed by the President for a ten-year term. The Director has investigative and prosecutorial authority to investigate and prosecute any alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice. The Director may appoint officers and employees, including attorneys, and has administrative powers to prescribe rules and regulations, reorganize the agency, use the U.S. mails, and enter into contracts for supplies and services. Appropriations are authorized for fiscal years 2001 to 2003." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Justice for Sergei Magnitsky Act of +2010''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The United States supports the people of the Russian + Federation in their efforts to realize their full economic + potential and to advance democracy, human rights, and the rule + of law. + (2) The Russian Federation-- + (A) is a member of the United Nations, the + Organization for Security and Cooperation in Europe, + and the International Monetary Fund; + (B) has ratified the Convention against Torture and + Other Cruel, Inhuman or Degrading Treatment or + Punishment, the International Covenant on Civil and + Political Rights, the International Covenant on + Economic, Social and Cultural Rights, and the United + Nations Convention against Corruption; and + (C) is bound by the legal obligations set forth in + the European Convention on Human Rights. + (3) States voluntarily commit themselves to respect + obligations and responsibilities through the adoption of + international agreements and treaties, which must be observed + in good faith in order to maintain the stability of the + international order. Human rights are an integral part of + international law, and lie at the foundation of the + international order. The protection of human rights, therefore, + particularly in the case of a country that has incurred + obligations to protect human rights under an international + agreement to which it is a party, is not left exclusively to + the internal affairs of that country. + (4) Good governance and anti-corruption measures are + instrumental in the protection of human rights and in achieving + sustainable economic growth, which benefits both the people of + the Russian Federation and the international community through + the creation of open and transparent markets. + (5) Systemic corruption erodes trust and confidence in + democratic institutions, the rule of law, and human rights + protections. This is the case when public officials are allowed + to abuse their authority with impunity for political or + financial gains in collusion with private entities. + (6) The President of the Russian Federation, Dmitry + Medvedev, has addressed corruption in many public speeches, + including stating in his 2009 address to Russia's Federal + Assembly, ``[Z]ero tolerance of corruption should become part + of our national culture. . . . In Russia we often say that + there are few cases in which corrupt officials are prosecuted. + . . . [S]imply incarcerating a few will not resolve the + problem. But incarcerated they must be.''. President Medvedev + went on to say, ``We shall overcome underdevelopment and + corruption because we are a strong and free people, and deserve + a normal life in a modern, prosperous democratic society.''. + Furthermore, President Medvedev has acknowledged Russia's + disregard for the rule of law and used the term ``legal + nihilism'' to describe a criminal justice system that continues + to imprison innocent people. + (7) The systematic abuse of Sergei Magnitsky, including his + repressive arrest and torture in custody by the same officers + of the Ministry of the Interior of the Russian Federation that + Mr. Magnitsky had implicated in the embezzlement of funds from + the Russian Treasury and the misappropriation of 3 companies + from his client, Hermitage, reflects how deeply the protection + of human rights is affected by corruption. + (8) The denial by all state bodies of the Russian + Federation of any justice or legal remedies to Mr. Magnitsky + during the nearly 12 full months he was kept without trial in + detention, and the impunity of state officials he testified + against for their involvement in corruption and the carrying + out of his repressive persecution since his death, shows the + politically motivated nature of the persecution of Mr. + Magnitsky. + (9) Mr. Magnitsky died on November 16, 2009, at the age of + 37, in Matrosskaya Tishina Prison in Moscow, Russia, and is + survived by a mother, a wife, and 2 sons. + (10) There is extensive evidence that public officials from + the Ministry of the Interior of the Russian Federation, the + Russian federal tax authorities, the Prosecutor General's + Office of the Russian Federation, and the Russian Federal + Security Service, as well as regional courts and the prison + system of the Russian Federation, have abused their powers and + positions to commit serious human rights violations, embezzled + funds from the Russian Treasury, and retaliated against + whistleblowers. + (11) While he was in detention, Sergei Magnitsky called + himself a hostage of officials who misappropriated companies + from his client, the Hermitage Fund, and embezzled funds from + the Russian Treasury. He said that his criminal prosecution, + arrest, and detention were organized as a retribution by police + officers who had the full knowledge of his innocence. + (12) The Public Oversight Commission of the City of Moscow + for the Control of the Observance of Human Rights in Places of + Forced Detention, an organization empowered by Russian law to + independently monitor prison conditions, concluded, ``A man who + is kept in custody and is being detained is not capable of + using all the necessary means to protect either his life or his + health. This is a responsibility of a state which holds him + captive. Therefore, the case of Sergei Magnitsky can be + described as a breach of the right to life. The members of the + civic supervisory commission have reached the conclusion that + Magnitsky had been experiencing both psychological and physical + pressure in custody, and the conditions in some of the wards of + Butyrka can be justifiably called torturous. The people + responsible for this must be punished.''. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Admitted; alien; spouse.--The terms ``admitted'', + ``alien'', and ``spouse'' have the meanings given those terms + in section 101(a) of the Immigration and Nationality Act (8 + U.S.C. 1101(a)). + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Financial Services of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Banking, Housing, and Urban Affairs of the + Senate. + (3) Financial institution; domestic financial agency; + domestic financial institution.--The terms ``financial + institution'', ``domestic financial agency'', and ``domestic + financial institution'' have the meanings given those terms in + section 5312 of title 31, United States Code. + (4) Parent.--The term ``parent'' has the meaning given that + term in section 101(b) of the Immigration and Nationality Act + (8 U.S.C. 1101(b)). + (5) United states person.--The term ``United States + person'' means-- + (A) a United States citizen or an alien lawfully + admitted for permanent residence to the United States; + or + (B) an entity organized under the laws of the + United States or of any jurisdiction within the United + States, including a foreign branch of such an entity. + +SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION, + ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE + CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON + CERTAIN CORPORATE PROFITS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of the Treasury, shall publish a list of each individual the +Secretary has reason to believe-- + (1) is responsible for the detention, abuse, or death of + Sergei Magnitsky; + (2) conspired to defraud the Russian Federation of taxes on + corporate profits through fraudulent transactions and lawsuits + against the foreign investment company known as Hermitage and + to misappropriate entities owned or controlled by Hermitage; or + (3) participated in efforts to conceal the detention, + abuse, or death of Sergei Magnitsky described in paragraph (1) + or the existence of the conspiracy described in paragraph (2). + (b) Updates.--The Secretary of State shall update the list required +by subsection (a) as new information becomes available. + (c) Notice.--The Secretary of State shall, to the maximum extent +practicable, provide notice and an opportunity for a hearing to an +individual before the individual is placed on the list required by +subsection (a). + +SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. + + (a) Ineligibility for Visas.--An alien is ineligible to receive a +visa to enter the United States and ineligible to be admitted to the +United States if the alien-- + (1) is an individual on the list required by section 4(a); + or + (2) is the spouse, son, daughter, or parent of an + individual on that list. + (b) Current Visas Revoked.--The Secretary of State shall revoke, in +accordance with section 221(i) of the Immigration and Nationality Act +(8 U.S.C. 1201(i)), the visa or other documentation of any alien who +would be ineligible to receive such a visa or documentation under +subsection (a). + (c) Waiver for National Interests.--The Secretary of State may +waive the application of subsection (a) or (b) in the case of an alien +if the Secretary determines that such a waiver is in the national +interests of the United States. Upon granting such a waiver, the +Secretary shall provide to the appropriate congressional committees +notice of, and a justification for, the waiver. + +SEC. 6. FINANCIAL MEASURES. + + (a) Special Measures.--The Secretary of the Treasury shall instruct +domestic financial institutions and domestic financial agencies to take +1 or more special measures described in section 5318A(b) of title 31, +United States Code, if the Secretary of the Treasury makes a +determination under section 5318A of such title with respect to money +laundering relating to the conspiracy described in section 4(a)(2). + (b) Freezing of Assets.--The Secretary of the Treasury shall freeze +and prohibit all transactions in all property and interests in property +of an individual that are in the United States, that come within the +United States, or that are or come within the possession or control of +a United States person if the individual-- + (1) is on the list required by section 4(a); or + (2) acts as an agent of or on behalf of an individual on + the list in a matter relating to an act described in paragraph + (1), (2), or (3) of section 4(a). + (c) Waiver for National Interests.--The Secretary of the Treasury +may waive the application of subsection (a) or (b) if the Secretary +determines that such a waiver is in the national interests of the +United States. Upon granting such a waiver, the Secretary shall provide +to the appropriate congressional committees notice of, and a +justification for, the waiver. + (d) Regulatory Authority.--The Secretary of the Treasury shall +issue such regulations, licenses, and orders as are necessary to carry +out this section. + (e) Enforcement.--A person that violates, attempts to violate, +conspires to violate, or causes a violation of this section or any +regulation, license, or order issued to carry out this section shall be +subject to the penalties set forth in subsections (b) and (c) of +section 206 of the International Emergency Economic Powers Act (50 +U.S.C. 1705) to the same extent as a person that commits an unlawful +act described in subsection (a) of such section. + +SEC. 7. REPORT TO CONGRESS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State and the Secretary of the +Treasury shall submit to the appropriate congressional committees a +report on the actions taken to carry out this Act. + (b) Updates.--The Secretary of State and the Secretary of the +Treasury shall submit an updated version of the report required by +subsection (a) as new information becomes available. + +SEC. 8. EFFECTIVE DATE. + + This Act shall take effect on the date that is 90 days after the +date of the enactment of this Act. + +SEC. 9. TERMINATION. + + The provisions of this Act shall cease to be effective on the date +on which the Secretary of State and the Secretary of the Treasury +certify to the appropriate congressional committees that-- + (1) the Government of the Russian Federation has conducted + a thorough and impartial investigation into-- + (A) the detention, abuse, and resulting death in + custody of Sergei Magnitsky; and + (B) the conspiracy (described in section 4(a)(2)) + to defraud the Russian Federation of taxes on corporate + profits and to misappropriate entities owned or + controlled by Hermitage; + (2) the investigation described in paragraph (1) was + properly conducted, transparent, and free of political + influence; + (3) the individuals responsible for the detention, abuse, + or resulting death of Sergei Magnitsky or for the conspiracy + referred to in paragraph (1)(B) have been brought to justice + according to the laws of the Russian Federation and pursuant to + the international legal obligations of the Russian Federation; + and + (4) the Government of the Russian Federation-- + (A) has taken significant steps to bring the + criminal justice system and penal system of the Russian + Federation into compliance with applicable + international legal standards; + (B) has substantially strengthened statutory + protections for individuals who disclose evidence of + illegal government activities; and + (C) has recognized the contribution of Sergei + Magnitsky to the fight against corruption and for the + rule of law.","Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities; or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy. + +Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest. + + Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the U.S. national interest. + +States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; and (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law.","A bill to require the Secretary of State to identify individuals responsible for the detention, abuse, or death of Sergei Magnitsky or for the conspiracy to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage, and to impose a visa ban and certain financial measures with respect to such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes."," The Justice for Sergei Magnitsky Act of 2010 is aimed at identifying individuals responsible for the detention, abuse, and death of Sergei Magnitsky, as well as those who conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage. The Act requires the Secretary of State to publish a list of such individuals and prohibits visas for them and their family members. It also instructs the Secretary of the Treasury to take financial measures against those on the list, including freezing their assets in the United States. The Act takes effect after 90 days from enactment and will cease to be effective once the Secretary of State and Secretary of the Treasury certify that the Russian government has conducted a thorough investigation into the case and taken significant steps to improve its criminal justice system." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Small Business Hardship Relief +Act''. + +SEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR + SMALL BUSINESSES. + + (a) In General.--Section 4980H of the Internal Revenue Code of 1986 +is amended by adding at the end the following new subsection: + ``(e) Hardship Exemption for Small Businesses.-- + ``(1) In general.--Subsections (a) and (b) shall not apply + to any small business for any month if such small business is + experiencing a hardship with respect to the calendar year in + which such month begins. + ``(2) Hardship.--A small business shall be treated for + purposes of this subsection as experiencing a hardship for any + calendar year if such business demonstrates to the satisfaction + of the Secretary that such business-- + ``(A) missed two or more consecutive loan payments + during such year, + ``(B) is a debtor in a title 11 case (as defined in + section 108(d)(2)) the pendency of which includes any + portion of such year, + ``(C) received a notice from a utility during such + year that such utility is preparing to stop providing + services to such business by reason of nonpayment of + amounts owed for utility service, + ``(D) received a notice of eviction of foreclosure + during such year, + ``(E) experienced a fire, flood, other natural or + human-caused disaster that resulted in substantial + damage to property of the business during such year, or + ``(F) experiences such other hardship during such + year as the Secretary may determine for purposes of + this subsection. + ``(3) Limitation to 5 years of exemptions.--Paragraph (1) + shall not apply to any small business for any calendar year if + such paragraph has applied to such small business for any 5 + previous calendar years. + ``(4) Small business.--For purposes of this subsection-- + ``(A) In general.--The term `small business' means, + with respect to any calendar year, an employer who + employed an average of not more than 100 full-time + employees on business days during the preceding + calendar year. + ``(B) Application of certain rules for determining + employer size; treatment of full-time equivalents as + full-time employees.--Rules similar to the rules of + subparagraphs (C) and (E) of subsection (c)(2) shall + apply for purposes of this subsection.''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply to months beginning after the date of the enactment of this Act. + (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.-- +Notwithstanding any other provision of law, whether the hardship +exemption provided under section 4980H of the Internal Revenue Code of +1986 (as added by this section) applies with respect to a taxpayer +shall not be taken into account by the Internal Revenue Service as the +sole factor in determining whether to audit such taxpayer. + (d) Treasury Study on Additional Indications of Business +Hardship.-- + (1) Study.--The Secretary of the Treasury shall conduct a + study regarding the additional hardships which would be + appropriate to add to the list of hardships in paragraph (2) of + section 4980H(e) of the Internal Revenue Code of 1986 (as added + by this section), consistent with the purposes of such section. + (2) Determination of additional hardships.--Not later than + 6 months after the date of the enactment of this Act, the + Secretary of the Treasury shall, with respect to any hardship + which the Secretary determines should be added to such list of + hardships, add such hardship to such list by making the + determination described in subparagraph (F) of such section. + (3) Report.--Not later than 6 months after the date of the + enactment of this Act, the Secretary of the Treasury shall + provide a written report to Congress with respect to the study + conducted under paragraph (1). Such report shall include a + description of each hardship considered for inclusion in such + list of hardships, whether the Secretary made the determination + to include such hardship in such list, and the reasons that + such hardship was or was not so included, as the case may be. + (4) References to secretary of the treasury.--Any reference + in this subsection to the Secretary of the Treasury shall + include a reference to any designee of such Secretary.","Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business (i.e., an employer of not more than 100 full-time employees) experiencing a hardship. Defines ""hardship"" to include situations in which a small business has missed two or more consecutive loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding, has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or has experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) from taking into account the applicability of a hardship exemption to a small business as the sole factor in determining whether to audit such business. ",Small Business Hardship Relief Act," The Small Business Hardship Relief Act aims to provide relief to small businesses experiencing financial hardship by exempting them from certain employer health insurance mandates under the Internal Revenue Code of 1986. The Act defines hardship situations that qualify for exemption, including missed loan payments, bankruptcy, utility disconnections, evictions or foreclosures, natural disasters, or other hardships determined by the Secretary of the Treasury. The exemption is limited to five years per business. The Act also prohibits the Internal Revenue Service from using the hardship exemption as the sole factor for auditing a taxpayer. Finally, the Secretary of the Treasury is required to conduct a study on additional hardships that may be appropriate for inclusion in the list of qualifying hardships." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Preventing Waste, Fraud, and Abuse +Act of 2010''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) To protect the taxpayer and the Treasury, it is the + responsibility of the Congress to provide Federal agencies with + the financial resources necessary to enforce the laws of the + United States and to prevent waste, fraud, and abuse of + taxpayer's dollars. + (2) For every $1 invested in the Department of Health and + Human Services and the Department of Justice for program + integrity efforts to prevent waste, fraud, and abuse of + Medicare, Medicaid, and the Children's Health Insurance + Program, approximately $1.55 will be saved, according to a + report issued by the Office of Management and Budget. + (3) Increased program integrity efforts by the Department + of Health and Human Services and the Department of Justice can + provide an estimated savings of $4,470,000,000 on an investment + of $3,100,000,000 in Medicare, Medicaid, and the Children's + Health Insurance Program over the next 5 fiscal years and an + estimated savings of $9,870,000,000 on an investment of + $6,753,000,000 over the next 10 fiscal years, according to a + report issued by the Office of Management and Budget. + (4) For every $1 invested in the Social Security + Administration for program integrity efforts to increase the + volume of continuing disability reviews conducted pursuant to + section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to + determine whether a recipient of disability insurance benefits + under section 223(a) of such Act (42 U.S.C. 423(a)) will + continue to be eligible for such benefits, approximately $10 + will be saved, according to a report issued by the Office of + Management and Budget. + (5) For every $1 invested in the Social Security + Administration for program integrity efforts to increase the + volume of continuing disability reviews conducted pursuant to + section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to + determine whether a recipient of supplemental security income + benefits under section 1611 of such Act (42 U.S.C. 1382) will + continue to be eligible for such benefits, approximately $8 + will be saved, according to a report issued by the Office of + Management and Budget. + (6) Providing additional funding to the Social Security + Administration to increase the volume of continuing disability + reviews conducted pursuant to sections 221(i) and 1631(j) of + Social Security Act (42 U.S.C. 421(i), 1383(j), respectively) + can provide an estimated savings of $16,102,000,000 on an + investment of $3,953,000,000 over the next 5 fiscal years and + an estimated savings of $57,838,000,000 on an investment of + $10,252,000,000 over the next 10 fiscal years, according to a + report issued by the Office of Management and Budget. + (7) The tax gap, the difference between the annual amount + of Federal income taxes owed and the amount voluntarily paid on + time, places an undue burden upon the overwhelming majority of + taxpayers who fully and voluntarily pay their taxes on time. + (8) In a report released in 2009 by the Internal Revenue + Service, it was estimated that in 2005 (the most recent + estimate available) the gross tax gap was $345,000,000,000 and + the net tax gap (after the collection of late and enforced + payments) was $290,000,000,000. + (9) In 2009, for every $1 that was invested for the + purposes of enforcing the tax code, the Internal Revenue + Service returned an average of $4 to the Treasury, with some + enforcement activities returning as much as $11 for every $1 + invested, according to a report issued by the Office of + Management and Budget. + (10) By increasing overall tax enforcement efforts, the + Internal Revenue Service can provide an estimated savings of + $13,874,000,000 on an investment of $8,869,000,000 over the + next 5 fiscal years and an estimated savings of $62,217,000,000 + on an investment of $23,275,000,000 over the next 10 fiscal + years, according to a report issued by the Office of Management + and Budget. + (11) For each $1 invested to increase the volume of in- + person reemployment and eligibility assessments conducted by + States for the Department of Labor's unemployment insurance + program, approximately $3.19 will be saved over the next 10 + years, according to a report issued by the Office of Management + and Budget. + (12) States will save the Department of Labor's + unemployment insurance program an estimated $937,000,000 on an + investment of $325,000,000 by increasing the volume of in- + person reemployment and eligibility assessments over the next 5 + fiscal years and an estimated savings of $2,296,000,000 on an + investment of $720,000,000 over the next 10 fiscal years, + according to a report issued by the Office of Management and + Budget. + (13) The investments described in the preceding paragraphs, + if carried out, will save the taxpayers nearly $2,000,000,000 + during fiscal year 2011, while laying the foundations for + saving more than $35,000,000,000 over the next 5 fiscal years + and more than $132,000,000,000 over the next 10 fiscal years. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Agency head.--The term ``agency head'' means-- + (A) the Attorney General; + (B) the Commissioner of Social Security; + (C) the Secretary of Health and Human Services; + (D) the Secretary of Labor; and + (E) the Secretary of the Treasury. + (2) Director.--The term ``Director'' means the Director of + the Office of Management and Budget. + +SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS. + + (a) Program Integrity Efforts.-- + (1) In general.--Each agency head, in consultation with the + Director, shall-- + (A) identify existing Federal laws and regulations + that may impede the ability to decrease waste, fraud, + and abuse of funds appropriated to the agency head's + agency; and + (B) develop appropriate performance metrics to + measure such agency's success in decreasing waste, + fraud, and abuse. + (2) Development of metrics.--In developing performance + metrics referred to in paragraph (1)(B), each agency head + shall-- + (A) ensure that such metrics accurately demonstrate + the effectiveness of the programs and activities + referred to in subsection (d) in decreasing waste, + fraud, and abuse; + (B) provide estimates for points of diminishing + returns on the funds provided under this Act to + increase program integrity efforts; + (C) identify optimal baselines for each of the + metrics developed under this subsection and appropriate + methods to measure variations from such baselines; and + (D) set performance targets for each of fiscal + years 2012 through 2020. + (b) Innovation and Development.--Each agency head shall make +appropriate accommodations for innovation and development to address +the program integrity efforts for programs and activities referred to +in subsection (d). + (c) Reports.-- + (1) In general.--Each agency head shall submit to + Congress-- + (A) not later than 6 months after the date of + enactment of this Act, an interim report that includes + a description of-- + (i) what the performance metrics developed + under subsection (a) will be measuring; and + (ii) how such metrics will measure and + provide an accurate analysis of the performance + of the applicable programs and activities + referred to in subsection (d); and + (B) not later than 1 year after the date of + enactment of this Act, a final report that sets forth + the performance metrics developed under subsection (a). + (2) Federal register; web site.--Each agency head shall + publish in the Federal Register and make available on the + agency Web site the performance metrics set forth in its final + report submitted under paragraph (1)(B) not later than 30 days + after such report is submitted. + (3) Modification of performance metrics.--Not later than 30 + days after the date on which any performance metrics developed + under subsection (a) are modified by an agency head, such + agency head shall submit to Congress a written notice + describing such modifications. + (4) OMB annual report.--Using the performance metrics + developed under subsection (a), each year, beginning with the + first fiscal year following the date on which the final reports + are required to be submitted under paragraph (1)(B), on or + after the first Monday in January but not later than the first + Monday in February, the Director shall submit to Congress an + annual report measuring the success of the agency head's agency + in decreasing waste, fraud, and abuse of funds appropriated to + such agency. Each annual report shall include a summary of and + justifications for any modified performance metrics submitted + to Congress pursuant to paragraph (3). + (5) Referral of reports.--Each report submitted pursuant to + this subsection shall be referred to the Committee on + Appropriations and the Committee on the Budget of the House of + Representatives and the Committee on Appropriations and the + Committee on the Budget of the Senate, and any other + appropriate committee of jurisdiction. + (d) Authorization of Appropriations.-- + (1) Department of health and human services; department of + justice.--For the purposes of continuing and increasing program + integrity efforts of the Department of Health and Human + Services and the Department of Justice to prevent waste, fraud, + and abuse of Medicare, Medicaid, and the Children's Health + Insurance Program, there are authorized to be appropriated the + following sums: + (A) $561,000,000 for fiscal year 2011, to remain + available through September 30, 2012. + (B) $589,000,000 for fiscal year 2012, to remain + available through September 30, 2013. + (C) $619,000,000 for fiscal year 2013, to remain + available through September 30, 2014. + (D) $649,000,000 for fiscal year 2014, to remain + available through September 30, 2015. + (E) $682,000,000 for fiscal year 2015, to remain + available through September 30, 2016. + (F) $3,653,000,000 for the period encompassing + fiscal years 2016 through 2020. + (2) Social security administration.--For the purposes of + continuing and increasing program integrity efforts of the + Social Security Administration by increasing the volume of + continuing disability reviews conducted pursuant to sections + 221(i) and 1631(j) of the Social Security Act (42 U.S.C. + 421(i), 1383(j), respectively), there are authorized to be + appropriated to the Commissioner of Social Security the + following sums: + (A) $513,000,000 for fiscal year 2011, to remain + available through September 30, 2012. + (B) $642,000,000 for fiscal year 2012, to remain + available through September 30, 2013. + (C) $751,000,000 for fiscal year 2013, to remain + available through September 30, 2014. + (D) $924,000,000 for fiscal year 2014, to remain + available through September 30, 2015. + (E) $1,123,000,000 for fiscal year 2015, to remain + available through September 30, 2016. + (F) $6,299,000,000 for the period encompassing + fiscal years 2016 through 2020. + (3) Department of the treasury.--For purposes of continuing + and increasing program integrity efforts of the Department of + the Treasury by expanding tax enforcement activities, there are + authorized to be appropriated to the Secretary of the Treasury + the following sums: + (A) $1,115,000,000 for fiscal year 2011, to remain + available through September 30, 2012. + (B) $1,357,000,000 for fiscal year 2012, to remain + available through September 30, 2013. + (C) $1,724,000,000 for fiscal year 2013, to remain + available through September 30, 2014. + (D) $2,105,000,000 for fiscal year 2014, to remain + available through September 30, 2015. + (E) $2,568,000,000 for fiscal year 2015, to remain + available through September 30, 2016. + (F) $14,406,000,000 for the period encompassing + fiscal years 2016 through 2020. + (4) Department of labor.--For purposes of continuing and + increasing program integrity efforts of the Department of Labor + by increasing the volume of in-person reemployment and + eligibility assessments of unemployment insurance beneficiaries + conducted by States, there are authorized to be appropriated to + the Secretary of Labor the following sums: + (A) $55,000,000 for fiscal year 2011, to remain + available through September 30, 2012. + (B) $60,000,000 for fiscal year 2012, to remain + available through September 30, 2013. + (C) $65,000,000 for fiscal year 2013, to remain + available through September 30, 2014. + (D) $70,000,000 for fiscal year 2014, to remain + available through September 30, 2015. + (E) $75,000,000 for fiscal year 2015, to remain + available through September 30, 2016. + (F) $395,000,000 for the period encompassing fiscal + years 2016 through 2020.","Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. + +Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020. + +Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. + +Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.",To make funds available to increase program integrity efforts and reduce wasteful government spending of taxpayer's dollars.," The Preventing Waste, Fraud, and Abuse Act of 2010 aims to protect taxpayers and the Treasury by providing federal agencies with financial resources to enforce laws and prevent waste, fraud, and abuse of taxpayer dollars. The Act highlights the importance of program integrity efforts by the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program. It also emphasizes the need for increased program integrity efforts by the Social Security Administration (SSA) to increase the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of the Social Security Act. Furthermore, the Act calls for increasing overall tax enforcement efforts by the Internal Revenue Service (IRS) to provide estimated savings over the next five and ten fiscal years." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fort Sumner Project Title Conveyance +Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) District.--The term ``District'' means the Fort Sumner + Irrigation District, located in De Baca County, New Mexico. + (2) Forbearance agreement.--The term ``Forbearance + Agreement'' means the contract between the United States and + the District for the forbearance of exercising priority water + rights numbered 08-WC-40-292 and dated August 21, 2009 + (including any amendments to that contract). + (3) Project.--The term ``Project'' means the Fort Sumner + reclamation project. + (4) Repayment contract.--The term ``Repayment Contract'' + means the contract between the United States and the District + numbered Ilr-1524 and dated November 5, 1948 (including any + supplements and amendments to that contract). + (5) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (6) Memorandum of agreement.--The term ``Memorandum of + Agreement'' means the agreement entitled ``Memorandum of + Agreement between the United States and the Fort Sumner + Irrigation District Concerning Principles and Elements of + Proposed Transfer of Title to Fort Sumner Irrigation District + Facilities'' and numbered 11-WC-40-406 (including any + amendments to that agreement). + (7) Transfer agreement.--The term ``Transfer Agreement'' + means the agreement between the United States and the Fort + Sumner Irrigation District that identifies the specific terms + and conditions of the title transfer. This document will be + completed after the requirements described in section 3(d) are + satisfied. + +SEC. 3. CONVEYANCE. + + (a) In General.--The Secretary is authorized to convey to the +District all right and title of the United States in and to all works, +land, and facilities of the Project, in accordance with the terms and +conditions established in the Transfer Agreement. + (b) Valid Existing Rights.--The conveyance under this section shall +be subject to all valid existing leases, permits, rights-of-way, +easements, and other rights appurtenant to the property conveyed. + (c) Costs of Conveyance.--The costs of the conveyance under this +section, including the costs of environmental compliance, may be shared +between the United States and the District, in accordance with the +Memorandum of Agreement. + (d) Compliance With Environmental Laws.-- + (1) In general.--Before carrying out the conveyance under + subsection (a), the Secretary shall assure compliance with all + applicable requirements under-- + (A) the National Environmental Policy Act of 1969 + (42 U.S.C. 4321 et seq.); + (B) the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.); and + (C) any other law applicable to the property + conveyed. + (2) Effect.--Nothing in this Act modifies or alters any + obligation under-- + (A) the National Environmental Policy Act of 1969 + (42 U.S.C. 4321 et seq.); or + (B) the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.). + (e) Failure To Convey.--If the Secretary fails to complete the +conveyance under this section by the date that is 2 years after the +date of completion of the requirements described in subsection (d) of +this Act, the Secretary shall submit to Congress a report that-- + (1) explains the reasons why the conveyance has not been + completed; and + (2) states the date by which the conveyance will be + completed. + +SEC. 4. LIABILITY. + + (a) In General.--Effective on the date of the conveyance under +section 3, the United States-- + (1) shall have no further interest in, and shall have no + responsibility for operating or maintaining, the Project; and + (2) shall not be liable for damages of any kind arising out + of any act, omission, or occurrence relating to the conveyed + property, except for damages caused by acts committed by the + United States or employees, agents, or contractors of the + United States before the date of the conveyance. + (b) Effect of Section.--Nothing in this section increases the +liability of the United States beyond the liability provided under +chapter 171 of title 28, United States Code (commonly known as the +``Federal Tort Claims Act''). + +SEC. 5. TERMINATION OF REPAYMENT CONTRACT. + + Effective beginning on the date of the conveyance under section 3-- + (1) the Repayment Contract shall terminate; and + (2) the United States and the District shall have no + obligations under the Repayment Contract. + +SEC. 6. FORBEARANCE AGREEMENT. + + (a) Payment Obligation.--In accordance with paragraph 4(a) of the +Forbearance Agreement, effective beginning on the date of termination +of the Repayment Contract under section 5, the United States shall have +no payment obligation under paragraph 4(a) of the Forbearance +Agreement. + (b) Other Terms and Conditions.--All other terms and conditions of +the Forbearance Agreement shall remain in full force and effect on +termination of the Repayment Contract under section 5. + (c) Term.--The term of the Forbearance Agreement shall be not less +than 10 years after the date of enactment of this Act, as set forth in +the Memorandum of Agreement. + +SEC. 7. FUTURE BENEFITS. + + After conveyance of title under this Act-- + (1) the conveyed property shall not be considered to be a + part of a Federal reclamation project; and + (2) the entity to which the property is conveyed shall not + be eligible to receive any benefits, including Federal project + power, with respect to the conveyed property, except for + benefits that would be available to a similarly situated entity + with respect to property that is not part of a Federal + reclamation project.","Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. + +Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. + +Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. + +Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.","To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico."," This Act, known as the ""Fort Sumner Project Title Conveyance Act,"" aims to convey title to the Fort Sumner Irrigation District in New Mexico from the United States government. The conveyance will be subject to existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property. The United States will have no further interest or responsibility for operating or maintaining the project after conveyance. The Repayment Contract will terminate upon conveyance, and the United States and the District will have no obligations under it. The Forbearance Agreement will remain in effect for at least 10 years after enactment of this Act. After conveyance, the property will not be considered part of a federal reclamation project, and the entity to which it is conveyed will not be eligible for federal project benefits related to the property." +"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Welfare +Improvement Act of 1997''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. No additional cash assistance for children born to families + receiving assistance. +Sec. 3. Prohibition of recruitment activities. +Sec. 4. Mandatory termination of assistance. +Sec. 5. Work participation rate requirement. +Sec. 6. Limitation on payments to States. +Sec. 7. Effective date. + +SEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES + RECEIVING ASSISTANCE. + + Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is +amended by adding at the end the following: + ``(12) No additional cash assistance for children born to + families receiving assistance.-- + ``(A) General rule.--A State to which a grant is + made under section 403 shall not use any part of the + grant to provide cash benefits for a minor child who is + born to-- + ``(i) a recipient of assistance under the + program operated under this part; or + ``(ii) a person who received such + assistance at any time during the 10-month + period ending with the birth of the child. + ``(B) Exception for children born into families + with no other children.--Subparagraph (A) shall not + apply to a minor child who is born into a family that + does not include any other children. + ``(C) Exception for vouchers.--Subparagraph (A) + shall not apply to vouchers which are provided in lieu + of cash benefits and which may be used only to pay for + particular goods and services specified by the State as + suitable for the care of the child involved. + ``(D) Exception for rape or incest.--Subparagraph + (A) shall not apply with respect to a child who is born + as a result of rape or incest. + ``(E) State election to opt out.--Subparagraph (A) + shall not apply to a State if State law specifically + exempts the State program funded under this part from + the application of subparagraph (A). + ``(F) Substitution of family caps in effect under + waivers.--Subparagraph (A) shall not apply to a State-- + ``(i) if, as of the date of the enactment + of this part, there is in effect a waiver + approved by the Secretary under section 1115 + which permits the State to deny aid under the + State plan approved under part A of this title + (as in effect without regard to the amendments + made by title I of the Personal Responsibility + and Work Opportunity Reconciliation Act of 1996 + (Public Law 104-193, 110 Stat. 2110) to a + family by reason of the birth of a child to a + family member otherwise eligible for such aid; + and + ``(ii) for so long as the State continues + to implement such policy under the State + program funded under this part, under rules + prescribed by the State.''. + +SEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES. + + Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended +by adding at the end the following new subsection: + + ``prohibition of recruitment activities + + ``(p) Nothing in this title shall be construed to authorize +recruitment activities under this title, including with respect to any +outreach programs or demonstration projects.''. + +SEC. 4. MANDATORY TERMINATION OF ASSISTANCE. + + Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)), +is amended to read as follows: + ``(1) In general.--Except as provided in paragraph (2), if + an individual in a family receiving assistance under the State + program funded under this part refuses to engage in work + required in accordance with this section, the State shall-- + ``(A) in the case of the first or second refusal-- + ``(i) reduce the amount of assistance + otherwise payable to the family pro rata (or + more, at the option of the State) with respect + to any period during a month in which the + individual so refuses; or + ``(ii) terminate such assistance, + subject to such good cause and other exceptions as the + State may establish; and + ``(B) in the case of the third refusal, terminate + the assistance.''. + +SEC. 5. WORK PARTICIPATION RATE REQUIREMENT. + + The table in section 407(a)(1) of the Social Security Act (42 +U.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002 +or thereafter, by striking ``50'' and inserting ``75''. + +SEC. 6. LIMITATION ON PAYMENTS TO STATES. + + Part A of title IV of the Social Security Act (42 U.S.C. 601 et +seq.) is amended by adding at the end the following: + +``SEC. 420. LIMITATION ON PAYMENTS TO STATES. + + ``Notwithstanding any other provision of this part, no funds may be +paid to a State under this part unless the State-- + ``(1) establishes and maintains a reasonable program for + randomly testing an individual in a family receiving assistance + under the State program funded under this part for the use of + controlled substances; and + ``(2) terminates assistance under the State program funded + under this part for any individual who tests positive for the + use of controlled substances.''. + +SEC. 7. EFFECTIVE DATE. + + This Act and the amendments made by this Act take effect as if +included in the enactment of the Personal Responsibility and Work +Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. +2105).","Welfare Improvement Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. +Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. +Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. +Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. +Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. +Amends SSA title XVI (Supplemental Security Income) to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.",Welfare Improvement Act of 1997," The Welfare Improvement Act of 1997 aims to amend the Social Security Act to make changes to cash assistance for families receiving aid, prohibit recruitment activities, mandate termination of assistance for refusal to work, increase work participation rate requirements, and limit payments to states based on drug testing programs. The Act includes exceptions for certain situations such as families with no other children, vouchers, rape or incest cases, state exemptions, and family caps under waivers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Deficit Reduction Check-Off Act''. + +SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO REDUCE THE DEFICIT. + + (a) Designation.--Subchapter A of chapter 61 of the Internal +Revenue Code of 1986 (relating to returns and records) is amended by +adding at the end the following new part: + + ``PART IX--DESIGNATION ON INCOME TAX RETURNS FOR REDUCTION OF DEFICIT + +``Sec. 6097. Designation for reduction of the deficit. + +``SEC. 6097. DESIGNATION FOR REDUCTION OF THE DEFICIT. + + ``(a) In General.--Every individual, regardless of income tax +liability for the taxable year, may designate that an amount (not less +than $1 and not more than $10) shall be paid over for the purpose of +reducing the deficit of the United States. In the case of a joint +return of husband and wife, each spouse may so designate an amount. + ``(b) Income Tax Liability.--For purposes of subsection (a), the +income tax liability of an individual for any taxable year is the +amount of the tax imposed by chapter 1 on such individual for such +taxable year (as shown on his return), reduced by the sum of the +credits (as shown in his return) allowable under part IV of subchapter +A of chapter 1 (other than subpart C thereof). + ``(c) Manner and Time of Designation.--Rules similar to the rules +of section 6096(c) shall apply for purposes of this section, except +that the designation shall be accompanied by the following statement: +`The Federal budget will be reduced by an amount equal to ten times the +amount you elect in the box.'. + ``(d) Amount Increase.--In the case of each taxable year beginning +after 2011, the maximum dollar amount that may be designated under +subsection (a) shall be increased by $1. In the case of a joint return +of husband and wife, such amount shall increase by $2 each taxable +year.''. + (b) Clerical Amendment.--The table of parts for subchapter A of +chapter 61 of such Code is amended by adding at the end the following +new item: + +``Part IX--Designation of Income Tax Payments To Reduce the Deficit.''. + + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2010. + +SEC. 3. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE + THE DEFICIT. + + (a) Sequestration To Reduce Deficit.--Part C of the Balanced Budget +and Emergency Deficit Control Act of 1985 is amended by inserting after +section 253 the following new section: + +``SEC. 253A. SEQUESTRATION TO REDUCE THE DEFICIT. + + ``(a) Sequestration.-- + ``(1) Timing.--Within 15 calendar days after the date + Congress adjourns to end a session, and on the same day as + sequestration (if any) under sections 251, 252, and 253, but + after any sequestration required by those sections, there shall + be a sequestration to eliminate the deficit equivalent to the + amount calculated under paragraph (2). + ``(2) Calculation.-- + ``(A) OMB calculation.--Before October 1st of each + calendar year, OMB shall calculate the total amount + designated under section 6097 of the Internal Revenue + Code of 1986. + ``(B) Federal spending reduction.--In accordance + with the deadline under paragraph (1), OMB shall apply + an across the board reduction in Federal spending in an + amount equal to the product of-- + ``(i) the amount calculated under + subparagraph (A); and + ``(ii) 10. + ``(3) Carryover.--Any amounts not calculated by OMB by the + October 1st deadline, as set forth in subparagraph (2)(A), + shall be applied to the following fiscal year Federal spending + reduction pursuant to this section. + ``(b) Applicability.-- + ``(1) In general.--Except as provided by paragraph (2), + each account of the United States shall be reduced by a dollar + amount calculated by multiplying the level of budgetary + resources in that account at that time by the uniform + percentage necessary to carry out subsection (a). All + obligational authority so reduced shall be done in a manner + that makes such reductions permanent. + ``(2) Exempt accounts.--The following programs shall be + exempt from reduction under any order issued under this + section: + ``(A) Benefits payable under the old-age, + survivors, and disability insurance program established + under title II of the Social Security Act. + ``(B) Benefits payable under section 3(a), 3(f)(3), + 4(a), or 4(f) of the Railroad Retirement Act of 1974. + ``(C) Benefits payable under title 18 of the Social + Security Act. + ``(D) The rate of pay of any judge or justice + appointed pursuant to article III of the Constitution + of the United States. + ``(E) Veteran's benefits listed under sections + 905(b) and 905(f) of the Balanced Budget and Emergency + Deficit Control Act of 1985 (2 U.S.C. 905(b), 905(f)). + ``(c) Effective Date.--This section shall apply to calender years +beginning after December 31, 2010.''. + (b) Reports.--Section 254 of the Balanced Budget and Emergency +Deficit Control Act of 1985 is amended-- + (1) in subsection (a), by adding at the end of the table + the following new item: + + +``October 1......................... OMB report estimating amount of income tax designated pursuant to section + 6097 of the Internal Revenue Code of 1986.''. + + (2) in subsection (c)(1), by inserting ``, and + sequestration to reduce the deficit,'' after ``sequestration''; + (3) in subsection (c), by redesignating paragraph (5) as + paragraph (6) and by inserting after paragraph (4) the + following new paragraph: + ``(5) Reports on sequestration to reduce the deficit.--The + preview reports shall set forth for the budget year estimates + for each of the following: + ``(A) The aggregate amount designated under section + 6097 of the Internal Revenue Code of 1986 for the last + calendar year ending before the budget year. + ``(B) The amount of reductions required under + section 253A and the deficit remaining after those + reductions have been made. + ``(C) The sequestration percentage necessary to + achieve the required reduction in accounts under + section 253A(a).''; and + (4) in subsection (f), by redesignating paragraphs (4) and + (5) as paragraphs (5) and (6), respectively, and by inserting + after paragraph (3) the following new paragraph: + ``(4) Reports on sequestration to reduce the deficit.--The + final reports shall contain all of the information contained in + the deficit taxation designation report required on October + 1.''. + (c) Effective Date.--Notwithstanding section 275(b) of the Balanced +Budget and Emergency Deficit Control Act of 1985, the expiration date +set forth in that section shall not apply to the amendments made by +this Act. On the date specified in section 253A of the Balanced Budget +and Emergency Deficit Control Act of 1985, as amended by this section, +the President shall issue an order fully implementing the sequestration +required by section 253A of such Act, as amended by this section. This +order shall be effective on issuance.","Deficit Reduction Check-Off Act - Amends the Internal Revenue Code to allow individual taxpayers to designate on their tax returns an amount (initially between $1 and $10, with annual increases of $1 for each taxable year after 2011) for reducing the federal deficit. + +Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a sequestration to reduce the federal deficit within 15 days after Congress adjourns to end a session by directing the Office of Management and Budget (OMB) to apply an across-the-board reduction in federal spending equal to 10 times the amount raised by the voluntary tax checkoff under this Act. Exempts from such spending reduction social security and railroad retirement benefits, Medicare benefits, judicial salaries, and veterans benefits.","To amend the Internal Revenue Code of 1986 to allow individuals to designate certain amounts on their income tax returns, to require spending reductions equal to 10 times the amounts so designated, and for other purposes."," The Deficit Reduction Check-Off Act aims to reduce the US deficit by allowing individuals to designate an amount between $1 and $10 on their income tax returns for deficit reduction purposes. This amount will be used to reduce federal spending through sequestration. Exempt from reduction are Social Security benefits, Railroad Retirement benefits, veterans' benefits, judges' pay, and other specified programs. The act applies to taxable years beginning after December 31, 2010, and requires the Office of Management and Budget (OMB) to calculate the total amount designated under section 6097 of the Internal Revenue Code of 1986 and apply an across-the-board reduction in federal spending equal to ten times that amount." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``True Cost of War Act of 2011''. + +SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND + OPERATION ENDURING FREEDOM. + + (a) Findings.--Congress makes the following findings: + (1) The United States has been engaged in military + operations in Afghanistan since October 2001 as Operation + Enduring Freedom and in military operations in Iraq since March + 2003 as Operation Iraqi Freedom and its successor contingency + operation, Operation New Dawn. + (2) According to the Congressional Research Service, + through fiscal year 2010, Congress has appropriated + $1,087,000,000,000 for the Department of Defense, for the State + Department, and for medical costs paid by the Department of + Veterans Affairs. This amount includes $751,000,000,000 related + to operations in Iraq and $336,000,000,000 related to + operations in Afghanistan. + (3) Over 90 percent of the funds appropriated for the + Department of Defense for operations in Iraq and Afghanistan + have been provided as supplemental or additional appropriations + and designated as an emergency funding requirement. + (4) The Congressional Budget Office and the Congressional + Research Service have stated that future costs for operations + in Iraq and Afghanistan are difficult to estimate because the + Department of Defense provides little information on costs + incurred to date and does not report outlays or actual + expenditure for operations in Iraq and Afghanistan (because war + and baseline funds are mixed in the same accounts) and because + of a lack of information from the Department of Defense on many + of the key factors that determine costs, including personnel + levels and the pace of operations. + (5) Over 2,000,000 members of the United States Armed + Forces have served in Afghanistan and Iraq since the beginning + of the conflicts. + (6) Over 4,400 members of the Armed Forces and Department + of Defense civilian personnel have been killed in Operation + Iraqi Freedom, and over 1,400 members of the Armed Forces and + Department of Defense civilian personnel have been killed in + Operation Enduring Freedom in Afghanistan. + (7) Over 1,620 members of the Armed Forces have suffered + amputations as a result of wounds or other injuries incurred in + Afghanistan or Iraq. + (8) More than 243,685 veterans of military service in Iraq + and Afghanistan have been treated for mental health conditions, + more than 66,900 of these veterans have been diagnosed with + post-traumatic stress disorder, and approximately 178,876 of + these veterans have a confirmed traumatic brain injury + diagnosis. + (9) Approximately 46 percent of veterans of military + service in Iraq and Afghanistan have sought treatment at a + Department of Veterans Affairs hospital or medical clinic. + (10) The Independent Review Group on Rehabilitative Care + and Administrative Processes at Walter Reed Army Medical Center + and National Naval Medical Center identified traumatic brain + injury, post-traumatic stress disorder, increased survival of + severe burns, and traumatic amputations as the four signature + wounds of the current conflicts, and the Independent Review + Group report states that the recovery process ``can take months + or years and must accommodate recurring or delayed + manifestations of symptoms, extended rehabilitation and all the + life complications that emerge over time from such trauma''. + (b) Report Requirement.--Not later than 90 days after the date of +the enactment of this Act, the President, with contributions from the +Secretary of Defense, the Secretary of State, and the Secretary of +Veterans Affairs, shall submit to Congress a report containing an +estimate of the long-term costs of Operation New Dawn (the successor +contingency operation to Operation Iraqi Freedom) and Operation +Enduring Freedom for each the following scenarios: + (1) The scenario in which the number of members of the + Armed Forces deployed in support of Operation New Dawn and + Operation Enduring Freedom is reduced from roughly 190,000 in + 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the + beginning of 2014, and remains at 30,000 through 2020. + (2) The scenario in which the number of members of the + Armed Forces deployed in support of Operation New Dawn and + Operation Enduring Freedom rises to approximately 235,000 in + 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 + in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 + through 2020. + (3) An alternative scenario, determined by the President + and based on current contingency operation and withdrawal + plans, which takes into account expected force levels and the + expected length of time that members of the Armed Forces will + be deployed in support of Operation New Dawn and Operation + Enduring Freedom. + (c) Estimates To Be Used in Preparation of Report.--In preparing +the report required by subsection (b), the President shall make +estimates and projections through at least fiscal year 2020, adjust any +dollar amounts appropriately for inflation, and take into account and +specify each of the following: + (1) The total number of members of the Armed Forces + expected to be deployed in support of Operation New Dawn and + Operation Enduring Freedom, including-- + (A) the number of members of the Armed Forces + actually deployed in Southwest Asia in support of + Operation New Dawn and Operation Enduring Freedom; + (B) the number of members of reserve components of + the Armed Forces called or ordered to active duty in + the United States for the purpose of training for + eventual deployment in Southwest Asia, backfilling for + deployed troops, or supporting other Department of + Defense missions directly or indirectly related to + Operation New Dawn or Operation Enduring Freedom; and + (C) the break-down of deployments of members of the + regular and reserve components and activation of + members of the reserve components. + (2) The number of members of the Armed Forces, including + members of the reserve components, who have previously served + in support of Operation Iraqi Freedom, Operation New Dawn, or + Operation Enduring Freedom and who are expected to serve + multiple deployments. + (3) The number of contractors and private military security + firms that have been used and are expected to be used during + the course of Operation Iraqi Freedom, Operation New Dawn, and + Operation Enduring Freedom. + (4) The number of veterans currently suffering and expected + to suffer from post-traumatic stress disorder, traumatic brain + injury, or other mental injuries. + (5) The number of veterans currently in need of and + expected to be in need of prosthetic care and treatment because + of amputations incurred during service in support of Operation + Iraqi Freedom, Operation New Dawn, or Operation Enduring + Freedom. + (6) The current number of pending Department of Veterans + Affairs claims from veterans of military service in Iraq and + Afghanistan, and the total number of such veterans expected to + seek disability compensation from the Department of Veterans + Affairs. + (7) The total number of members of the Armed Forces who + have been killed or wounded in Iraq or Afghanistan, including + noncombat casualties, the total number of members expected to + suffer injuries in Iraq and Afghanistan, and the total number + of members expected to be killed in Iraq and Afghanistan, + including noncombat casualties. + (8) The amount of funds previously appropriated for the + Department of Defense, the Department of State, and the + Department of Veterans Affairs for costs related to Operation + Iraqi Freedom, Operation New Dawn, and Operation Enduring + Freedom, including an account of the amount of funding from + regular Department of Defense, Department of State, and + Department of Veterans Affairs budgets that has gone and will + go to costs associated with such operations. + (9) Current and future operational expenditures associated + with Operation New Dawn and Operation Enduring Freedom, + including-- + (A) funding for combat operations; + (B) deploying, transporting, feeding, and housing + members of the Armed Forces (including fuel costs); + (C) activation and deployment of members of the + reserve components of the Armed Forces; + (D) equipping and training of Iraqi and Afghani + forces; + (E) purchasing, upgrading, and repairing weapons, + munitions, and other equipment consumed or used in + Operation Iraqi Freedom, Operation New Dawn, or + Operation Enduring Freedom; and + (F) payments to other countries for logistical + assistance in support of such operations. + (10) Past, current, and future costs of entering into + contracts with private military security firms and other + contractors for the provision of goods and services associated + with Operation Iraqi Freedom, Operation New Dawn, and Operation + Enduring Freedom. + (11) Average annual cost for each member of the Armed + Forces deployed in support of Operation Iraqi Freedom, + Operation New Dawn, or Operation Enduring Freedom, including + room and board, equipment and body armor, transportation of + troops and equipment (including fuel costs), and operational + costs. + (12) Current and future cost of combat-related special pays + and benefits, including reenlistment bonuses. + (13) Current and future cost of calling or ordering members + of the reserve components to active duty in support of + Operation New Dawn or Operation Enduring Freedom. + (14) Current and future cost for reconstruction, embassy + operations and construction, and foreign aid programs for Iraq + and Afghanistan. + (15) Current and future cost of bases and other + infrastructure to support members of the Armed Forces serving + in Iraq and Afghanistan. + (16) Current and future cost of providing health care for + veterans who served in support of Operation Iraqi Freedom, + Operation New Dawn, or Operation Enduring Freedom, including-- + (A) the cost of mental health treatment for + veterans suffering from post-traumatic stress disorder + and traumatic brain injury, and other mental problems + as a result of such service; and + (B) the cost of lifetime prosthetics care and + treatment for veterans suffering from amputations as a + result of such service. + (17) Current and future cost of providing Department of + Veterans Affairs disability benefits for the lifetime of + veterans who incur disabilities while serving in support of + Operation Iraqi Freedom, Operation New Dawn, or Operation + Enduring Freedom. + (18) Current and future cost of providing survivors' + benefits to survivors of members of the Armed Forces killed + while serving in support of Operation Iraqi Freedom, Operation + New Dawn, or Operation Enduring Freedom. + (19) Cost of bringing members of the Armed Forces and + equipment back to the United States upon the conclusion of + Operation New Dawn and Operation Enduring Freedom, including + the cost of demobilization, transportation costs (including + fuel costs), providing transition services for members of the + Armed Forces transitioning from active duty to veteran status, + transporting equipment, weapons, and munitions (including fuel + costs), and an estimate of the value of equipment that will be + left behind. + (20) Cost to restore the military and military equipment, + including the equipment of the reserve components, to full + strength after the conclusion of Operation New Dawn or + Operation Enduring Freedom. + (21) Amount of money borrowed to pay for Operation Iraqi + Freedom, Operation New Dawn, and Operation Enduring Freedom, + and the sources of that money. + (22) Interest on money borrowed, including interest for + money already borrowed and anticipated interest payments on + future borrowing, for Operation Iraqi Freedom, Operation New + Dawn, and Operation Enduring Freedom.","True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom under three specified scenarios based on the number of U.S. troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of U.S. military personnel, contractors, and private security firms; (2) the number of veterans in need of medical or mental health care due to injuries and illnesses; (3) pending veterans' disability compensation claims; (4) total casualties and injuries; (5) current and future operational expenses and related costs; and (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.","To direct the President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes."," The ""True Cost of War Act of 2011"" is a proposed legislation that requires the President to submit a report to Congress estimating the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom for three different scenarios. These scenarios involve varying numbers of deployed military personnel through 2020. The report must take into account various factors such as the total number of military personnel deployed, multiple deployments, contractors, private military security firms, veterans' needs, and funding sources." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Overseas Citizens Voting Rights Act +of 1996''. + +SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS. + + Section 102 of the Uniformed and Overseas Citizens Absentee Voting +Act (42 U.S.C. 1973ff-1) is amended-- + (1) by striking out ``and'' at the end of paragraph (2); + (2) by striking out the period at the end of paragraph (3) + and inserting in lieu thereof ``; and''; and + (3) by adding at the end the following new paragraph: + ``(4) permit absentee ballots to be received at least until + the close of polls on election day.''. + +SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO + SPECIAL, PRIMARY, AND RUNOFF ELECTIONS. + + (a) In General.--Section 103(a) of the Uniformed and Overseas +Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended-- + (1) by inserting after ``general'' the following: ``, + special, primary, and runoff''; and + (2) by striking out ``States,'' and inserting in lieu + thereof ``State''. + (b) Special Rules.--Section 103(c) of the Uniformed and Overseas +Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended-- + (1) in paragraph (1), by inserting after ``candidate or'' + the following: ``, with respect to a general or special + election,''; and + (2) in paragraph (2), by inserting after ``candidate or'' + the following: ``with respect to a general election''. + (c) Use of Approved State Absentee Ballot in Place of Federal +Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas +Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by +striking out ``a general'' and inserting in lieu thereof ``an''. + (d) Certain States Exempted.--Section 103(f) of the Uniformed and +Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is +amended by striking out ``general'' each place it appears. + (e) Effective Date.--The amendments made by this section shall +apply with respect to elections taking place after December 31, 1996. + +SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS. + + (a) In General.--Section 104 of the Uniformed and Overseas Citizens +Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- + (1) by striking out ``and'' at the end of paragraph (8); + (2) by striking out the period at the end of paragraph (9) + and inserting in lieu thereof ``; and''; and + (3) by adding at the end the following new paragraph: + ``(10) in consultation with the Presidential designee, + consider means for providing for expeditious methods for the + return of absentee ballots, including return by electronic + transmittal, with maximum regard for ballot secrecy, audit + procedures, and other considerations relating to the integrity + of the election process.''. + (b) Secrecy and Verification of Electronically Transmitted +Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee +Voting Act (42 U.S.C. 1973ff-3) is amended-- + (1) by striking out ``To afford'' and inserting in lieu + thereof ``(a) In General.--To afford''; and + (2) by adding at the end the following new subsection: + ``(b) Secrecy and Verification of Electronically Transmitted +Ballots.--No electronic transmittal or related procedure under +subsection (a)(10) that is paid for, in whole or in part, with Federal +funds may be carried out in any manner that (1) permits any person +other than the voter to view a completed ballot, or (2) otherwise +compromises ballot secrecy. At the earliest possible opportunity, the +original of each completed ballot that is transmitted electronically +shall be submitted in a secrecy envelope to the applicable location in +the State involved.'' + +SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. + + (a) In General.--The Uniformed and Overseas Citizens Absentee +Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end +the following new sections: + +``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. + + ``(a) In General.--Each State, in cooperation with the Presidential +designee, shall establish a system for electronic transmittal of +balloting materials for overseas voters. The system shall provide for-- + ``(1) electronic transmittal as an alternative method for + transmittal of balloting materials to overseas voters; + ``(2) use of the format of the official post card form + prescribed under section 101 (or the format of any other + registration form provided for under State law) for purposes of + absentee voter registration application and absentee ballot + application, with the condition that a State may require + receipt of a form with an original signature before the ballot + of the voter is counted; + ``(3) furnishing of absentee ballots by electronic + transmittal, from locations within the State, as selected by + the chief State election official, to overseas voters who + request such transmittal; and + ``(4) special alternative methods of transmittal of + balloting materials for use only when required by an emergency + declared by the President or the Congress. + ``(b) Funding Requirement.--The requirements of subsection (a) +shall apply to a State with respect to an election-- + ``(1) if there is full payment by the Federal Government of + any additional cost incurred by the State after the date of the + enactment of this Act for the implementation of such subsection + (a), with such costs to be determined by the Presidential + designee and the chief State election official, acting jointly; + or + ``(2) in any case of less than full payment, as described + in paragraph (1), if the State, in the manner provided for + under the law of the State, agrees to the application of such + requirements. + +``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC + TRANSMITTAL METHOD. + + ``The Presidential designee may not approve use of any method of +electronic transmittal for purposes of this Act, unless, not later than +90 days before the effective date of the approval, the Presidential +designee submits to the Congress a detailed report describing the +method.''. + (b) Definition Amendment.--Section 107 of the Uniformed and +Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended-- + (1) by striking out ``and'' at the end of paragraph (7); + (2) by striking out the period at the end of paragraph (8) + and inserting in lieu thereof ``; and''; and + (3) by adding at the end the following new paragraph: + ``(9) the term `electronic transmittal' means, with respect + to balloting materials, transmittal by facsimile machine or + other electronic method approved by the Presidential + designee.''. + (c) Effective Date.--The amendments made by this section shall +apply with respect to elections taking place after December 31, 1996. + +SEC. 6. REPORT PROVISION. + + Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee +Voting Act (42 U.S.C. 1973ff(b)(6)) is amended-- + (1) by striking out ``participation and'' and inserting in + lieu thereof ``participation,''; and + (2) by inserting before the period at the end the + following: ``, and a separate analysis of electronic + transmittal of balloting materials''. + + Passed the House of Representatives May 14, 1996. + + Attest: + + ROBIN H. CARLE, + + Clerk.","Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. +(Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. +(Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. +(Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.",Overseas Citizens Voting Rights Act of 1996," The Overseas Citizens Voting Rights Act of 1996 aims to extend the period for receiving absentee ballots, apply federal write-in absentee ballot provisions to special, primary, and runoff elections, and consider electronic return of absentee ballots. It also seeks to establish a system for electronic transmittal of balloting materials for overseas voters and requires a report on the approval of electronic transmittal methods." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Computer Crime Enforcement Act''. + +SEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF COMPUTER + CRIMES. + + (a) In General.--Subject to the availability of amounts provided in +advance in appropriations Acts, the Office of Justice Programs shall +make a grant to each State, which shall be used by the State, in +conjunction with units of local government, State and local courts, +other States, or combinations thereof, to-- + (1) assist State and local law enforcement in enforcing + State and local criminal laws relating to computer crime; + (2) assist State and local law enforcement in educating the + public to prevent and identify computer crime; + (3) assist in educating and training State and local law + enforcement officers and prosecutors to conduct investigations + and forensic analyses of evidence and prosecutions of computer + crime; + (4) assist State and local law enforcement officers and + prosecutors in acquiring computer and other equipment to + conduct investigations and forensic analysis of evidence of + computer crimes; and + (5) facilitate and promote the sharing of Federal law + enforcement expertise and information about the investigation, + analysis, and prosecution of computer crimes with State and + local law enforcement officers and prosecutors, including the + use of multijurisdictional task forces. + (b) Use of Grant Amounts.--Grants under this section may be used to +establish and develop programs to-- + (1) assist State and local law enforcement in enforcing + State and local criminal laws relating to computer crime; + (2) assist State and local law enforcement in educating the + public to prevent and identify computer crime; + (3) educate and train State and local law enforcement + officers and prosecutors to conduct investigations and forensic + analyses of evidence and prosecutions of computer crime; + (4) assist State and local law enforcement officers and + prosecutors in acquiring computer and other equipment to + conduct investigations and forensic analysis of evidence of + computer crimes; and + (5) facilitate and promote the sharing of Federal law + enforcement expertise and information about the investigation, + analysis, and prosecution of computer crimes with State and + local law enforcement officers and prosecutors, including the + use of multijurisdictional task forces. + (c) Assurances.--To be eligible to receive a grant under this +section, a State shall provide assurances to the Attorney General that +the State-- + (1) has in effect laws that penalize computer crime, such + as penal laws prohibiting-- + (A) fraudulent schemes executed by means of a + computer system or network; + (B) the unlawful damaging, destroying, altering, + deleting, removing of computer software, or data + contained in a computer, computer system, computer + program, or computer network; or + (C) the unlawful interference with the operation of + or denial of access to a computer, computer program, + computer system, or computer network; + (2) an assessment of the State and local resource needs, + including criminal justice resources being devoted to the + investigation and enforcement of computer crime laws; and + (3) a plan for coordinating the programs funded under this + section with other federally funded technical assistant and + training programs, including directly funded local programs + such as the Local Law Enforcement Block Grant program + (described under the heading ``Violent Crime Reduction + Programs, State and Local Law Enforcement Assistance'' of the + Departments of Commerce, Justice, and State, the Judiciary, and + Related Agencies Appropriations Act, 1998 (Public Law 105- + 119)). + (d) Matching Funds.--The Federal share of a grant received under +this section may not exceed 90 percent of the costs of a program or +proposal funded under this section unless the Attorney General waives, +wholly or in part, the requirements of this subsection. + (e) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to + carry out this section $25,000,000 for each of fiscal years + 2000 through 2003. + (2) Limitations.--Of the amount made available to carry out + this section in any fiscal year not more than 3 percent may be + used by the Attorney General for salaries and administrative + expenses. + (3) Minimum amount.--Unless all eligible applications + submitted by any State or unit of local government within such + State for a grant under this section have been funded, such + State, together with grantees within the State (other than + Indian tribes), shall be allocated in each fiscal year under + this section not less than 0.75 percent of the total amount + appropriated in the fiscal year for grants pursuant to this + section, except that the United States Virgin Islands, American + Samoa, Guam, and the Northern Mariana Islands each shall be + allocated 0.25 percent. + (f) Grants to Indian Tribes.--Notwithstanding any other provision +of this section, the Attorney General may use amounts made available +under this section to make grants to Indian tribes for use in +accordance with this section.","Computer Crime Enforcement Act - Directs the Office of Justice Programs to make a grant to each State, subject to the availability of appropriations, which shall be used to: (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating, and in educating the public to prevent and identify, computer crime; (2) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (3) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (4) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. +Requires a State, to be eligible to receive a grant, to provide assurances to the Attorney General that the State has: (1) in effect laws that penalize computer crime; (2) made an assessment of the State and local resource needs; and (3) a plan for coordinating the programs funded under this Act with other federally funded technical assistant and training programs. +Sets the Federal cost share at up to 90 percent, subject to a waiver. Authorizes appropriations. +Authorizes the Attorney General to use amounts made available under this Act for grants to Indian tribes.",Computer Crime Enforcement Act," The Computer Crime Enforcement Act aims to provide grants to states for training and prosecution of computer crimes. These grants can be used for various purposes such as assisting state and local law enforcement in enforcing criminal laws related to computer crime, educating the public to prevent and identify computer crime, training law enforcement officers and prosecutors, acquiring equipment for investigations and forensic analysis, and sharing federal law enforcement expertise with state and local law enforcement officers. States must have laws penalizing computer crimes to be eligible for grants, and the federal share of a grant cannot exceed 90% of the program costs unless waived by the Attorney General. Appropriations for this act are authorized for fiscal years 2000 through 2003." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Secure Online Communication +Enforcement Act of 2000''. + +SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER + NETWORKS. + + (a) In General.--Section 2703(b) of title 18, United States Code, +is amended by striking paragraph (1) and inserting the following new +paragraph (1): + ``(1) In general.--A governmental entity may require a + provider of remote computing service to disclose the contents + of any electronic communication to which this paragraph is made + applicable by paragraph (2)-- + ``(A) pursuant to a warrant issued under the + Federal Rules of Criminal Procedure or equivalent State + warrant, a copy of which warrant shall be served on the + subscriber or customer of such remote computing service + before or at the same time the warrant is served on the + provider of the remote computing service; or + ``(B) pursuant to a Federal or State grand jury or + trial subpoena, a copy of which subpoena shall be + served on the subscriber or customer of such remote + computing service under circumstances allowing the + subscriber or customer a meaningful opportunity to + challenge the subpoena.''. + (b) Conforming Amendments.--Paragraph (2) of that section is +amended-- + (1) by indenting the paragraph 2 ems; + (2) by inserting ``Applicability.--'' after ``(2)''; and + (3) by indenting subparagraphs (A) and (B) 4 ems. + +SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS. + + (a) Applicability of Limitations on Disclosure of Communication +Records.--Paragraph (1) of section 2703(c) of title 18, United States +Code, is amended-- + (1) in subparagraph (A)-- + (A) by inserting ``, or an operator of an Internet + Web site (including an agent of such operator) or other + third party,'' after ``remote computing service''; and + (B) by inserting ``or Internet Web site'' after + ``of such service''; and + (2) in subparagraph (B)-- + (A) in the matter preceding clause (i)-- + (i) by inserting ``, or an operator of an + Internet Web site (including an agent of such + operator) or other third party,'' after + ``remote computing service''; and + (ii) by inserting ``or Internet Web site'' + after ``of such service''; and + (B) in clause (iv), by inserting ``or operator'' + after ``of such provider''. + (b) Disclosure of Communication Records to Non-Government +Entities.--Paragraph (1)(A) of such section is further amended by +striking ``other than a government entity.'' and inserting ``other than +a government entity only if the disclosure is-- + ``(i) necessary to initiate, provide, bill, or collect for + such service or for access to or use of such Internet Web site; + ``(ii) necessary to protect the rights or property of the + provider of such service or Internet Web site; + ``(iii) made at the request of the subscriber or customer; + ``(iv) made with the affirmative consent of the subscriber + or customer given at the time the disclosure is sought; or + ``(v) required by law.''. + (c) Information Covered by Limitations on Disclosure.--Such section +is further amended in paragraphs (1)(A) and (1)(B) by inserting before +the end parenthesis the following: ``, but including information +generated in the process of accessing or otherwise using the +Internet''. + (d) Disclosure of Aggregate Information.--Such section is further +amended by adding at the end the following new paragraph: + ``(3) Nothing in this subsection may be construed to prohibit a +provider of electronic communication service or remote computing +service, operator of an Internet Web site (including an agent of such +operator), or third party from using, disclosing, or permitting access +to aggregate customer or subscriber information from which individual +customer or subscriber information and characteristics have been +removed.''. + (e) Protection of Service.--Such section is further amended by +adding at the end the following new paragraph: + ``(4) A provider of electronic communication service or remote +computing service or operator of an Internet Web site may not terminate +the provision of such service or access to or use of such Internet Web +site to an individual who refuses to consent to the disclosure of +records or other information under paragraph (1)(A)(iv) as a result of +such refusal.''. + (f) Federal Preemption.--Such section is further amended by adding +at the end the following new paragraph: + ``(5) This subsection preempts any State or local law regarding the +disclosure by providers of electronic communication service or remote +computing service and operators of Internet Web sites of records or +other information covered by this subsection.''. + (g) Conforming Amendment.--The subsection heading of such section +is amended by striking ``or Remote Computing Service'' and inserting +``, Remote Computing Service, or Internet Web Site''. + (h) Effective Date.--The amendments made by this section shall take +effect 180 days after the date of enactment.","(Sec. 3) Includes an operator of an Internet web site (including an agent of such operator) or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers. +Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider; (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or (3) as required by law. +Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet. +Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed. +Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal. +Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act.",Secure Online Communication Enforcement Act of 2000," The Secure Online Communication Enforcement Act of 2000 aims to enhance privacy protection for information on computer networks and improve secure online communications. It amends Section 2703(b) of Title 18, United States Code, to specify that a governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication pursuant to a warrant or subpoena. The Act also amends Section 2703(c) to clarify limitations on disclosure of communication records, allowing disclosure to non-government entities under certain conditions, such as for billing or collection purposes, to protect provider rights or property, at the request of the subscriber or customer, with their affirmative consent, or as required by law. Additionally, it permits disclosure of aggregate customer or subscriber information without individual identifiers and prohibits termination of service for refusing to consent to disclosure. Finally, it preempts any state or local law regarding disclosure by providers of electronic communication service or remote computing service and operators of Internet websites of records or other information covered by this Act." +"SECTION 1. SHORT TITLE AND REFERENCE. + + (a) Short Title.--This Act may be cited as the ``Fair Pay Act of +1997''. + (b) Reference.--Whenever in this Act an amendment or repeal is +expressed in terms of an amendment to, or repeal of, a section or other +provision, the reference shall be considered to be made to a section or +other provision of the Fair Labor Standards Act of 1938. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) Wage differentials exist between equivalent jobs + segregated by sex, race, and national origin in Government + employment and in industries engaged in commerce or in the + production of goods for commerce: + (2) The existence of such wage differentials-- + (A) depresses wages and living standards for + employees necessary for their health and efficiency; + (B) prevents the maximum utilization of the + available labor resources; + (C) tends to cause labor disputes, thereby + burdening, affecting, and obstructing commerce; + (D) burdens commerce and the free flow of goods in + commerce; and + (E) constitutes an unfair method of competition. + (3) Discrimination in hiring and promotion has played a + role in maintaining a segregated work force. + (4) Many women and people of color work in occupations + dominated by individuals of their same sex, race, and national + origin. + (5)(A) A General Accounting Office analysis of wages in the + civil service of the State of Washington found that in 1985 of + the 44 jobs studied that paid less than the average of all + equivalent jobs, approximately 39 percent were female-dominated + and approximately 16 percent were male dominated. + (B) A study of wages in Minnesota using 1990 Decennial + Census data found that 75 percent of the wage differential + between white and non-white workers was unexplained and may be + a result of discrimination. + (6) Section 6(d) of the Fair Labor Standards Act of 1938 + prohibits discrimination in compensation for ``equal work'' on + the basis of sex. + (7) Title VII of the Civil Rights Act of 1964 prohibits + discrimination in compensation because of race, color, + religion, national origin, and sex. The United States Supreme + Court, in its decision in County of Washington v. Gunther, 452 + U.S. 161 (1981), held that title VII's prohibition against + discrimination in compensation also applies to jobs which do + not constitute ``equal work'' as defined in section 6(d) of the + Fair Labor Standards Act of 1938. Decisions of lower courts, + however, have demonstrated that further clarification of + existing legislation is necessary in order effectively to carry + out the intent of Congress to implement the Supreme Court's + holding in its Gunther decision. + (8) Artificial barriers to the elimination of + discrimination in compensation based upon sex, race, and + national origin continue to exist more than 3 decades after the + passage of section 6(d) of the Fair Labor Standards Act of 1938 + and the Civil Rights Act of 1964. Elimination of such barriers + would have positive effects, including-- + (A) providing a solution to problems in the economy + created by discriminating wage differentials; + (B) substantially reducing the number of working + women and people of color earning low wages, thereby + reducing the dependence on public assistance; and + (C) promoting stable families by enabling working + family members to earn a fair rate of pay. + +SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. + + (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at +the end the following: + ``(g)(1)(A) No employer having employees subject to any provisions +of this section shall discriminate between its employees on the basis +of sex, race, or national origin by paying wages to employees or groups +of employees at a rate less than the rate at which the employer pays +wages to employees or groups of employees of the opposite sex or +different race or national origin for work in equivalent jobs, except +where such payment is made pursuant to a seniority system, a merit +system, or a system which measures earnings by quantity or quality of +production. + ``(B) An employer who is paying a wage rate differential in +violation of subparagraph (A) shall not, in order to comply with the +provisions of such subparagraph, reduce the wage rate of any employee. + ``(2) No labor organization or its agents representing employees of +an employer having employees subject to any provision of this section +shall cause or attempt to cause such an employer to discriminate +against an employee in violation of paragraph (1)(A). + ``(3) For purposes of administration and enforcement of this +subsection, any amounts owing to any employee which have been withheld +in violation of paragraph (1)(A) shall be deemed to be unpaid minimum +wages or unpaid overtime compensation under this section or section 7. + ``(4) As used in this subsection: + ``(A) The term `labor organization' means any organization + of any kind, or any agency or employee representation committee + or plan, in which employees participate and which exists for + the purpose, in whole or in part, of dealing with employers + concerning grievances, labor disputes, wages, rates of pay, + hours of employment, or conditions of work. + ``(B) The term `equivalent jobs' means jobs that may be + dissimilar, but whose requirements are equivalent, when viewed + as a composite of skills, effort, responsibility, and working + conditions.''. + (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is +amended in the matter before paragraph (1) by striking ``section 6(d)'' +and inserting ``sections 6(d) and 6(g)''. + +SEC. 4. PROHIBITED ACTS. + + Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period +at the end of paragraph (5) and inserting a semicolon and by adding +after paragraph (5) the following: + ``(6) to discriminate against any individual because such + individual has opposed any act or practice made unlawful by + section 6(g) or because such individual made a charge, + testified, assisted, or participated in any manner in an + investigation, proceeding, or hearing under section 6(g); or + ``(7) to discharge or in any other manner discriminate + against, coerce, intimidate, threaten, or interfere with any + employee or any other person because the employee inquired + about, disclosed, compared, or otherwise discussed the + employee's wages or the wages of any other employee, or because + the employee exercised, enjoyed, aided, or encouraged any other + person to exercise or enjoy any right granted or protected by + section 6(g).''. + +SEC. 5. REMEDIES. + + Section 16 (29 U.S.C. 216) is amended-- + (1) by adding at the end the following: + ``(f) In any action brought under this section for violation of +section 6(g), the court shall, in addition to any other remedies +awarded to the prevailing plaintiff or plaintiffs, allow expert fees as +part of the costs. Any such action may be maintained as a class action +as provided by the Federal Rules of Civil Procedure.''; + (2) in subsection (b), by striking ``section 15(a)(3)'' + each place it occurs and inserting ``paragraphs (3), (6), and + (7) of section 15(a)''; and + (3) in the fourth sentence of subsection (b), by striking + ``No employees'' and inserting ``Except with respect to class + actions brought under subsection (f), no employees''. + +SEC. 6. RECORDS. + + Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' +after ``(c)'' and by adding at the end the following: + ``(2)(A) Every employer subject to section 6(g) shall preserve +records which document and support the method, system, calculations, +and other bases used by the employer in establishing, adjusting, and +determining the wages paid to the employees of the employer. Every +employer subject to section 6(g) shall preserve such records for such +periods of time and shall make such reports therefrom to the Equal +Employment Opportunity Commission as shall be prescribed by the Equal +Employment Opportunity Commission by regulation or order as necessary +or appropriate for the enforcement of the provisions of section 6(g) or +any regulations promulgated thereunder. + ``(B) Every employer subject to section 6(g) shall file annually +with the Equal Employment Opportunity Commission a report signed by its +president, treasurer, or corresponding principal officer containing +information in such detail as may be necessary accurately to disclose +the wage or salary rates paid to each classification, position, job +title, or other wage or salary group of employees employed by the +employer, as well as the sex, race, and national origin of employees at +each wage or salary level in each classification, position, job title, +or other wage or salary group. The report shall not contain the name of +any individual employee. + ``(C) In order to carry out the purposes of this Act, the contents +of the reports filed with the Equal Employment Opportunity Commission +pursuant to subparagraph (B) shall be public information, and the Equal +Employment Opportunity Commission may publish any information and data +which it obtains pursuant to the provisions of subparagraph (B). The +Equal Employment Opportunity Commission may use the information and +data for statistical and research purposes, and compile and publish +such studies, analyses, reports, and surveys based thereon as it may +deem appropriate. + ``(D) In order to carry out the purposes of this Act the Equal +Employment Opportunity Commission shall by regulation make reasonable +provision for the inspection and examination by any person of the +information and data contained in any report filed with it pursuant to +subparagraph (B). + ``(E) The Equal Employment Opportunity Commission shall by +regulation provide for the furnishing of copies of reports filed with +it pursuant to subparagraph (B) to any person upon payment of a charge +based upon the cost of the service. + ``(F) The Equal Employment Opportunity Commission shall issue rules +and regulations prescribing the form and content of reports required to +be filed under subparagraph (B) and such other reasonable rules and +regulations as it may find necessary to prevent the circumvention or +evasion of such reporting requirements. In exercising its authority +under subparagraph (B), the Equal Employment Opportunity Commission may +prescribe by general rule simplified reports for employers for whom it +finds that by virtue of their size a detailed report would be unduly +burdensome.''. + +SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT + TO CONGRESS. + + Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the +following: + ``(4) The Equal Employment Opportunity Commission shall undertake +studies and provide information and technical assistance to employers, +labor organizations, and the general public concerning effective means +available to implement the provisions of section 6(g) prohibiting wage +discrimination between employees performing work in equivalent jobs on +the basis of sex, race, or national origin. Such studies, information, +and technical assistance shall be based upon and include reference to +the declared policy of such section to eliminate such discrimination. +In order to achieve the purposes of such section, the Equal Employment +Opportunity Commission shall further carry on a continuing program of +research, education, and technical assistance including-- + ``(A) undertaking and promoting research with the intent of + developing means to expeditiously correct the conditions + leading to section 6(g); + ``(B) publishing and otherwise making available to + employers, labor organizations, professional associations, + educational institutions, the various media of communication, + and the general public the findings of studies and other + materials for promoting compliance with section 6(g); + ``(C) sponsoring and assisting State and community + informational and educational programs; and + ``(D) providing technical assistance to employers, labor + organizations, professional associations and other interested + persons on means of achieving and maintaining compliance with + the provisions of section 6(g). + ``(5) The report submitted annually by the Equal Employment +Opportunity Commission to Congress pursuant to paragraph (1) shall +include a separate evaluation and appraisal regarding the +implementation of section 6(g).''. + +SEC. 8. EFFECTIVE DATE. + + The amendments made by this Act shall take effect upon the +expiration of one year from the date of its enactment.","Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) +Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. +Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. +Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. +Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.",Fair Pay Act of 1997," The Fair Pay Act of 1997 aims to address wage disparities between jobs that are equivalent but segregated by sex, race, or national origin in government employment and industries engaged in commerce or production of goods for commerce. It amends the Fair Labor Standards Act of 1938 to prohibit employers from discriminating between employees based on sex, race, or national origin by paying wages to employees or groups at a rate less than the rate paid to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, merit system, or a system measuring earnings by quantity or quality of production. The Act also prohibits labor organizations from causing or attempting to cause employers to discriminate against employees in violation of these provisions. It provides for remedies, records preservation, and reporting requirements for employers subject to these provisions. The Equal Employment Opportunity Commission is tasked with undertaking studies, providing information and technical assistance to employers, labor organizations, and the general public concerning effective means to implement these provisions, and carrying on a continuing program of research, education, and technical assistance to achieve the policy of eliminating wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Safe and Secure Border +Infrastructure Act''. + +SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS. + + The Secretary of Transportation, in consultation with the Secretary +of Homeland Security and the governors of the border States, shall +establish a grant program, which shall be administered by the Secretary +of Transportation and the Administrator of General Services, to +construct transportation and supporting infrastructure improvements at +existing and new international border crossings to facilitate the safe, +secure, and efficient cross-border movement of motor vehicles, non- +motor vehicles, cargo, and individuals, including pedestrians. + +SEC. 3. ELIGIBILITY. + + The projects eligible to receive a grant under this Act shall +include-- + (1) highway or bridge projects eligible under title 23, + United States Code; + (2) public transportation projects eligible under chapter + 53 of title 49, United States Code; + (3) demonstration and pilot projects related to innovative + cross border systems management; and + (4) passenger and freight rail transportation projects. + +SEC. 4. APPLICATIONS. + + To be eligible to receive a grant under this Act, a State or +metropolitan planning organization located in a border region shall +submit to the Secretary of Transportation an application that +demonstrates-- + (1) an established master plan for border infrastructure + investments that demonstrates awareness of the relevant border + stakeholder interests at the Federal, State, and regional + level; + (2) that receipt of the grant applied for under this Act + would complete an overall financing package; + (3) the ability to provide a non-Federal match of 50 + percent of the total cost of the project; + (4) the satisfaction of all Federal and State environmental + requirements prior to the submission of the application for the + grant; and + (5) a plan to obligate any funds received under this Act by + the end of the fiscal year following the year in which those + funds are awarded. + +SEC. 5. PRIMARY SELECTION CRITERIA. + + In awarding a grant under this Act, the Secretary of +Transportation, in consultation with the Administrator of General +Services, shall give priority to projects that accomplish one or more +of the following objectives: + (1) Improve the safety and security at facilities in the + United States, including ports of entry. + (2) Facilitate safe, secure, and legal trade crossings of + motor vehicles, non-motor vehicles, cargo, and individuals, + including pedestrians, to alleviate border congestion and + reduce the economic effect of border wait times and delays. + (3) Implement innovative technologies that enhance safety, + security, or efficiency at the border. + (4) Coordinate a system of projects that improve security + and systems efficiencies at ports of entry. + (5) Facilitate economic development strategies with respect + to safety and security. + (6) Implement congestion relief and air quality management + strategies to improve the environment. + +SEC. 6. APPORTIONMENT OF FUNDS. + + Of the amounts appropriated to carry out this Act, the Secretary of +Transportation, in consultation with the Administrator of General +Services, shall apportion such amounts as follows: + (1) 20 percent in the ratio that---- + (A) the total number of incoming commercial trucks + that pass through land border ports of entry within the + boundaries of an eligible State; bears to + (B) the total number of incoming commercial trucks + that pass through land border ports of entry within the + boundaries of all eligible border States. + (2) 30 percent in the ratio that-- + (A) the total number of incoming personal motor + vehicles and incoming buses that pass through land + border ports of entry within the boundaries of an + eligible State; bears to + (B) the total number of incoming personal motor + vehicles and incoming buses that pass through land + border ports of entry within the boundaries of all + eligible border States. + (3) 25 percent in the ratio that-- + (A) the total weight of incoming cargo by + commercial trucks that pass through land border ports + of entry within the boundaries of an eligible State; + bears to + (B) the total weight of incoming cargo by + commercial trucks that pass through land border ports + of entry within the boundaries of all eligible border + States. + (4) 25 percent of the ratio that-- + (A) the total number of land border ports of entry + within the boundaries of an eligible State; bears to + (B) the total number of land border ports of entry + within the boundaries of all eligible border States. + +SEC. 7. DEFINITIONS. + + In this Act-- + (1) the term ``border region'' means any portion of a + border State within 10 miles of an international land border + with Canada or Mexico; + (2) the term ``border State'' means any State that has an + international land border with Canada or Mexico; + (3) the term ``commercial truck'' means a commercial + vehicle as defined in section 31301(4) (other than subparagraph + (B)) of title 49, United States Code; + (4) the term ``motor vehicle'' has the meaning such term + has under Section 154(a)(2) of title 23, United States Code; + and + (5) the term ``State'' has the meaning such term has in + section 101(a)(25) of title 23.","Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.",Safe and Secure Border Infrastructure Act," The Safe and Secure Border Infrastructure Act aims to establish a grant program for constructing transportation infrastructure improvements at existing and new international border crossings to facilitate safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals. Eligible projects include highway or bridge projects, public transportation projects, demonstration and pilot projects related to innovative cross-border systems management, and passenger and freight rail transportation projects. States or metropolitan planning organizations in border regions can apply for grants, which will be awarded based on primary selection criteria such as safety and security improvements, facilitating legal trade crossings, implementing innovative technologies, coordinating projects that improve security and system efficiencies at ports of entry, facilitating economic development strategies related to safety and security, and implementing congestion relief and air quality management strategies to improve the environment. Funds will be apportioned based on specific criteria related to commercial trucks, personal motor vehicles, cargo weight, and land border ports of entry." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Women's Business Procurement +Assistance Act of 1993''. + +SEC. 2. GOAL SETTING. + + Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is +amended-- + (1) in paragraph (1) by inserting ``, small business + concerns owned and controlled by women,'' after ``small + business concerns'' the first place it appears in the first + sentence and the first place it appears in the fourth sentence; + (2) in the first sentence of paragraph (2) by inserting + ``by small business concerns owned and controlled by women,'' + after ``small business concerns,''; + (3) in the second sentence of paragraph (2) by inserting + ``, small business concerns owned and controlled by women,'' + after ``small business concerns'' the first place it appears; + and + (4) in the fourth sentence of paragraph (2) by inserting + ``small business concerns owned and controlled by women and'' + after ``including participation by''. + +SEC. 3. REPORTING. + + Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is +amended-- + (1) by inserting ``, small business concerns owned and + controlled by women,'' after ``small business concerns'' the + first place it appears in paragraph (1), the first place it + appears in paragraph (2)(A), and the first place it appears in + paragraph (2)(D); + (2) in paragraph (1) by inserting ``and subcontracts'' + after ``contracts''; + (3) by adding at the end of paragraph (1) the following new + sentence: ``The Administration shall submit to the Committee on + Small Business of the Senate and the Committee on Small + Business of the House of Representatives information obtained + from such reports, together with appropriate comments.''; and + (4) in paragraph (2)(F) by striking ``women-owned small + business enterprises'' and inserting ``small business concerns + owned and controlled by women''. + +SEC. 4. SUBCONTRACTING. + + (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act +(15 U.S.C. 637(d)(1)) is amended-- + (1) in the first sentence by inserting ``small business + concerns owned and controlled by women,'' after ``small + business concerns,''; and + (2) in the second sentence by inserting ``, small business + concerns owned and controlled by women,'' after ``small + business concerns'' the first place it appears. + (b) Contract Clause.--The contract clause specified in section +8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as +follows: + (1) Subparagraph (A) of such clause is amended by inserting + ``, small business concerns owned and controlled by women,'' + after ``small business concerns'' the first place it appears in + the first sentence and the first place it appears in the second + sentence. + (2) Subparagraph (C) of such clause is amended to read as + follows: + ``(C)(i) As used in this contract, the term `small business + concern' means a small business concern as defined pursuant to + section 3 of the Small Business Act and relevant regulations + promulgated pursuant thereto. + ``(ii) As used in this contract, the term `small business + concern owned and controlled by socially and economically + disadvantaged individuals' means a small business concern-- + ``(I) which is at least 51 percent owned by one or + more socially and economically disadvantaged + individuals; or, in the case of any publicly owned + business, at least 51 percent of the stock of which is + owned by one or more socially and economically + disadvantaged individuals; and + ``(II) whose management and daily business + operations are controlled by one or more of such + individuals. + The contractor shall presume that socially and economically + disadvantaged individuals include Black Americans, Hispanic + Americans, Native Americans, Asian Pacific Americans, and other + minorities, or any other individual found to be disadvantaged + by the Administration pursuant to section 8(a) of the Small + Business Act. + ``(iii) As used in this contract, the term `small business + concern owned and controlled by women' means a small business + concern-- + ``(I) which is at least 51 percent owned by one or + more women; or, in the case of any publicly owned + business, at least 51 percent of the stock of which is + owned by one or more women; and + ``(II) whose management and daily business + operations are controlled by such women. + The contractor shall presume that women have been subjected to + gender based discrimination and may determine whether a small + business concern meets the percentage requirements under + subclause (I) without regard to the community property laws of + any jurisdiction.''. + (c) Conforming Amendments.--Section 8(d) of the Small Business Act +(15 U.S.C. 637(d)) is amended by inserting ``, small business concerns +owned and controlled by women,'' after ``small business concerns'' the +first place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), +(6)(C), (6)(F), (10)(B), and (11). + (d) Exclusion.--No business concern shall be deemed eligible for +any contract or other assistance pursuant to section 2323 of title 10, +United States Code, due solely to the provisions of this section. + +SEC. 5. WOMEN-IN-BUSINESS SPECIALISTS. + + Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is +amended-- + (1) by inserting ``(1)'' after ``(k)''; + (2) by redesignating paragraphs (1), (2), (3), (4), (5), + (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), + (E), (F), (G), (H), and (I), respectively; + (3) by striking ``and'' at the end of subparagraph (H) (as + redesignated); + (4) in subparagraph (I) (as redesignated), by striking out + the period after ``Code'' and all that follows through ``shall + be made'' and inserting in lieu thereof a comma, and by + striking the period after ``contract file'' and inserting ``, + and''; + (5) by inserting after subparagraph (I) (as redesignated) + the following new subparagraph: + ``(J) subject to paragraph (2)(A), designate an employee of + such office to be a women-in-business specialist responsible + for the implementation and execution of programs designed to + assist small business concerns owned and controlled by + women.''; + (6) by designating the last sentence as paragraph (2); and + (7) by adding at the end the following new paragraph: + ``(3)(A) The Director of Small and Disadvantaged Business +Utilization in a Federal agency shall ensure that the women-in-business +specialist designated pursuant to paragraph (1)(J) has sufficient +knowledge of small business concerns owned and controlled by women and +the Federal procurement process, other appropriate qualifications, and +appropriate training from the Office of Women's Business Ownership to +effectively carry out the specialist's responsibilities under this Act. + ``(B) Each women-in-business specialist designated pursuant to +paragraph (1)(J) in a Federal agency shall work full time to initiate +and execute programs to assist small business concerns owned and +controlled by women in participating in the performance of contracts +let by the agency. The specialist shall-- + ``(i) respond to requests from small business concerns + owned and controlled by women; + ``(ii) identify and solicit offers from small business + concerns owned and controlled by women, as required under + section 15(p) of this Act, through means such as sending + solicitation packages to such concerns for each proposed + contract for which such concerns may be eligible to compete and + holding workshops on procurement for such concerns; and + ``(iii) regularly monitor the agency's progress toward + meeting the annual goal established under subsection (g) for + participation by small business concerns owned and controlled + by women.''. + +SEC. 6. OUTREACH. + + Section 15 the Small Business Act (15 U.S.C. 644) is amended by +adding at the end the following new subsection: + ``(p) Each Federal agency having procurement powers shall engage in +affirmative efforts to identify and solicit offers from small business +concerns owned and controlled by women and the small business concerns +owned and controlled by socially and economically disadvantaged +individuals. To the maximum extent practicable, a representative number +of such concerns shall receive solicitation packages for each proposed +acquisition for which such concerns may be eligible to compete.''. + +SEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP. + + The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding +at the end the following new section: + +``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP. + + ``(a) Establishment.--There is established in the Small Business +Administration the Office of Women's Business Ownership (hereinafter in +this section referred to as the `Office'). + ``(b) Director.--The Director of the Office (hereinafter in this +section referred to as the `Director') shall be appointed by the +Administrator not later than sixty days after the date of the enactment +of this section. + ``(c) Functions.--The Director shall perform the following +functions: + ``(1) Promote, coordinate, and monitor the plans, programs, + and operations of Federal departments and agencies which may + contribute to the establishment, preservation, and + strengthening of small business concerns owned and controlled + by women. The Director may, as appropriate, develop + comprehensive interagency plans and specific program goals for + small business concerns owned and controlled by women with the + cooperation of the departments and agencies. + ``(2) Establish policies, definitions, procedures, and + guidelines to govern the implementation, interpretation, and + application of this section, and generally perform such + functions and take such steps as the Director may consider to + be necessary or appropriate to carry out this section. + ``(3) Promote the mobilization of activities and resources + of State and local governments, business and trade + associations, private industry, colleges and universities, + foundations, professional organizations, and volunteer and + other groups toward the growth of small business concerns owned + and controlled by women, and facilitate the coordination of the + efforts of such groups with those of Federal departments and + agencies. + ``(4) Make an annual assessment of the progress made in the + Federal Government toward assisting small business concerns + owned and controlled by women to enter the mainstream of + business ownership and provide recommendations for future + actions to the Administrator. + ``(5) Convene and consult (as necessary) with persons + inside and outside government to develop and promote new ideas + concerning the development of small business concerns owned and + controlled by women. + ``(6) Consider the findings and recommendations of + government and private sector investigations and studies of the + problems of women entrepreneurs, and promote further research + into such problems. + ``(7) Monitor the contracting and subcontracting + performance of each department, agency, and business enterprise + participating under this section. + ``(8) Promote access and participation for small business + concerns owned and controlled by women to a fair proportion of + the broad array of purchases and contracts for property and + services for the Federal Government. + ``(9) Provide training as needed to women-in-business + specialists designated pursuant to section 15(k)(1)(J) to carry + out their responsibilities under this Act.''. + +SEC. 8. GENERAL ACCOUNTING OFFICE REPORT. + + (a) Report Requirement.--Not later than 3 years after the date of +the enactment of this Act, the Comptroller General shall submit to +Congress a report comparing the number of small business concerns owned +and controlled by women procuring Federal contracts during the year +preceding the date of the enactment of this Act with the number of such +businesses during each of the 3 years occurring after such date. If the +number of such businesses did not increase significantly by the end of +the 3-year period beginning on the date of the enactment of this Act, +the Comptroller General shall include in the report recommendations on +actions that could be taken to increase the number. + (b) Sense of Congress.--If the report required under subsection (a) +shows that the number of small business concerns owned and controlled +by women did not increase significantly by the end of the 3-year period +beginning on the date of the enactment of this Act, it is the sense of +Congress that further legislative steps should be taken to ensure that +the number of Federal contracts entered into with small business +concerns owned and controlled by women realistically reflects the +potential of such business concerns to perform Federal contracting and +subcontracting work.","Women's Business Procurement Assistance Act of 1993 - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. +Declares that it is the policy of the United States that such business concerns should have the maximum opportunity to participate in the Federal procurement contract process. +Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a ""women-in-business"" specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. Requires that each such specialist: (1) possess the appropriate knowledge, qualifications, and training for such position; and (2) work full-time in such position. +Establishes in the Small Business Administration the Office of Women's Business Ownership. +Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken.",Women's Business Procurement Assistance Act of 1993," The Women's Business Procurement Assistance Act of 1993 aims to increase the participation of small business concerns owned and controlled by women in federal procurement and subcontracting activities. The Act amends the Small Business Act to include women-owned small business concerns in goal setting, reporting, subcontracting, and contract clauses. It establishes women-in-business specialists within federal agencies to assist women-owned small businesses in participating in contract performance. Additionally, it creates the Office of Women's Business Ownership within the Small Business Administration to promote and monitor programs that support women-owned small businesses." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Answer Africa's Call Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) African poverty and stagnation are the greatest tragedy + of our time and demand a forceful response by the United + States. + (2) The world, especially the United States, is awash with + wealth on a scale that has never been seen in human history. + (3) We live in a world where new medicines and medical + techniques have eradicated many of the diseases and ailments + that plagued the rich world. + (4) In Africa, some 4,000,000 children under the age of + five die each year, two-thirds of them from illnesses that cost + very little to treat; malaria is the biggest single killer of + African children, and half of those deaths could be avoided if + the parents of these children had access to diagnosis and drugs + that cost little more than $1 per dose. + (5) We live in a world where scientists can map the human + genome and have the technology to clone a human being. + (6) In Africa, we allow more than 250,000 women die each + year from complications in pregnancy or childbirth. + (7) We live in a world where the Internet in the blink of + an eye can transfer more information than any human brain could + hold. + (8) In Africa each day, some 40,000,000 children are not + able to go to school. + (9) We live in a world which, faced by one of the most + devastating diseases ever seen, AIDS, has developed the + antiretroviral drugs to control its advance. + (10) In Africa, where 25,000,000 people are infected with + AIDS, antiretroviral drugs are not made generally available; as + a result, 2,000,000 people will die of AIDS in 2005. + (11) We live in a world where rich nations spend as much as + the entire income of all the people in Africa subsidizing the + unnecessary production of unwanted food, in an amount of almost + $1,000,000,000 each day. + (12) In Africa, hunger is a key factor in more deaths than + those caused by all of the continent's infectious diseases + combined. + (13) We live in a world where every cow in Europe receives + almost $2 each day in government subsidies. + (14) In Africa the average daily income is approximately + $1. + (15) The contrast between the lives led by those who live + in rich countries and those of poor people in Africa is the + greatest scandal of our age. + (16) One in six children in Africa dies before reaching the + age of 5. + (17) Two-thirds of all the African children who die under + the age of 5 could be saved by low-cost treatments such as + vitamin A, and a tenth of all the diseases suffered by African + children are caused by intestinal worms that infect 200,000,000 + people and could be treated for just 25 cents per child. + (18) More than 300,000,000 Africans--42 percent of Africa's + population--still do not have access to safe water, and 60 + percent do not have access to basic sanitation. + (19) 62 percent of all people aged 15-24 years who live + with HIV are found in Africa. + (20) Africa had 43,000,000 orphans in 2003, of which AIDS + was responsible for 12,000,000. + (21) In Zambia, 71 percent of child prostitutes are + orphans. + +SEC. 3. STATEMENT OF POLICY. + + The Congress supports implementing the recommendations of the +Commission for Africa, which call for rich nations to increase foreign +assistance to Africa, provide debt relief, eliminate trade distorting +agricultural subsidies, and remove insidious trade barriers that impede +economic opportunity in sub-Saharan Africa. + +SEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND + INTERNATIONAL FINANCE FACILITY. + + (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of +1986 (relating to imposition of tax on individuals) is amended by +adding at the end the following new subsection: + ``(j) Additional Income Tax.-- + ``(1) In general.--If the adjusted gross income of an + individual exceeds the threshold amount, the tax imposed by + this section (determined without regard to this subsection) + shall be increased by an amount equal to 0.8 percent of so much + of the adjusted gross income as exceeds the threshold amount. + ``(2) Threshold amounts.--For purposes of this subsection, + the term `threshold amount' means-- + ``(A) $1,000,000 in the case of a joint return, and + ``(B) $500,000 in the case of any other return. + ``(3) Tax not to apply to estates and trusts.--This + subsection shall not apply to an estate or trust. + ``(4) Termination.--This subsection shall not apply to + taxable years beginning after December 31, 2010.''. + (b) Establishment of United States International Finance Facility +Trust Fund.-- + (1) In general.--Subchapter A of chapter 98 of such Code + (relating to trust fund code) is amended by adding at the end + the following: + +``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY TRUST FUND. + + ``(a) Creation of Trust Fund.--There is established in the Treasury +of the United States a trust fund to be known as the `United States +International Finance Facility Trust Fund' (referred to in this section +as the `Trust Fund'), consisting of such amounts as may be appropriated +or credited to the Trust Fund as provided in this section or section +9602(b). + ``(b) Transfers to Trust Fund.--There is hereby appropriated to the +Trust Fund an amount equivalent to the increase in revenues received in +the Treasury as the result of the surtax imposed under section 1(j). + ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust +Fund shall be available without further appropriation to make +expenditures in connection with United States commitments to the +International Finance Facility.''. + (2) Conforming amendment.--The table of sections for + subchapter A of chapter 98 of such Code is amended by adding at + the end the following: + +``Sec. 9511. United States International Finance Facility Trust + Fund.''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2005. + (d) Section 15 not to Apply.--The amendment made by subsection (a) +shall not be treated as a change in a rate of tax for purposes of +section 15 of the Internal Revenue Code of 1986. + +SEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF + SUB-SAHARAN AFRICAN COUNTRIES. + + (a) Removal of Agriculture Tariff-Rate Quota Limitation; +Agricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19 +U.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the +following: + ``(3) Agricultural products.-- + ``(A) In general.--No quantity of an agricultural + product subject to a tariff-rate quota that exceeds the + in-quota amount shall be eligible for duty-free + treatment under this title, except as provided in + subparagraph (B). + ``(B) Imports from countries designated under + section 506a.--Subparagraph (A) shall not apply to + over-quota imports of agricultural products subject to + a tariff-rate quota that are the growth, product, or + manufacture of a country designated as a beneficiary + sub-Saharan African country under section 506A(a)(1). + ``(4) Safeguard for agricultural products.-- + ``(A) In general.--The President shall assess a + duty, in the amount prescribed under subparagraph (B), + on over-quota imports of any agricultural product + described in paragraph (3)(B) for which preferential + treatment is claimed, if the President determines that + the unit import price of the product when it enters the + United States, determined on an F.O.B. basis, is less + than the annual trigger price determined in accordance + with subparagraph (D). + ``(B) Calculation of additional duties.--The amount + of the additional duty assessed under this subsection + shall be determined as follows: + ``(i) If the difference between the unit + import price and the trigger price is less + than, or equal to, 10 percent of the trigger + price, no additional duty shall be imposed. + ``(ii) If the difference between the unit + import price and the trigger price is greater + than 10 percent, but less than or equal to 40 + percent, of the trigger price, the additional + duty shall be equal to 30 percent of the + difference between the preferential tariff rate + and the column 1 general rate of duty imposed + under the HTS on like articles at the time the + additional duty is imposed. + ``(iii) If the difference between the unit + import price and the trigger price is greater + than 40 percent, but less than or equal to 60 + percent, of the trigger price, the additional + duty shall be equal to 50 percent of the + difference between the preferential tariff rate + and the column 1 general rate of duty imposed + under the HTS on like articles at the time the + additional duty is imposed. + ``(iv) If the difference between the unit + import price and the trigger price is greater + than 60 percent, but less than or equal to 75 + percent, of the trigger price, the additional + duty shall be equal to 70 percent of the + difference between the preferential tariff rate + and the column 1 general rate of duty imposed + under the HTS on like articles at the time the + additional duty is imposed. + ``(v) If the difference between the unit + import price and the trigger price is greater + than 75 percent of the trigger price, the + additional duty shall be equal to 100 percent + of the difference between the preferential + tariff rate and the column 1 general rate of + duty imposed under the HTS on like articles at + the time the additional duty is imposed. + ``(C) Exceptions.--No additional duty under this + paragraph shall be assessed on an agricultural product + if, at the time of entry into the customs territory of + the United States, the product is subject to import + relief under chapter 1 of title II of the Trade Act of + 1974 (19 U.S.C. 2251 et seq.). + ``(D) Calculation of trigger price.--(i) Not later + than 60 days after the date of the enactment of the + Answer Africa's Call Act, and annually thereafter, the + President shall, in consultation with the Secretary of + Agriculture, establish the annual trigger price for + each over-quota agricultural product described in + paragraph (3)(B), and shall publish such prices in the + Federal Register. The President shall establish the + trigger price for a product at a level not below the 3- + year average import price for that product. + ``(ii) Not later than 30 days before publishing the + trigger prices in the Federal Register under clause + (i), the President shall notify and consult with the + Committees on Ways and Means and Agriculture of the + House of Representatives and the Committees on Finance + and Agriculture of the Senate on the proposed trigger + prices. + ``(E) Notice to country concerned.--Not later than + 60 days after the President first assesses additional + duties under this paragraph on over-quota imports of + agricultural products described in paragraph (3)(B), + the President shall notify the beneficiary sub-Saharan + African country where the product was grown, + manufactured, or produced, in writing of such action + and shall provide to the country data supporting the + assessment of the additional duties. + ``(F) Definitions.--In this paragraph: + ``(i) F.O.B.--The term `F.O.B.' means free + on board, regardless of the mode of + transportation, at the point of direct shipment + by the seller to the buyer. + ``(ii) HTS.--The term `HTS' means the + Harmonized Tariff Schedule of the United + States. + ``(iii) Unit import price.--The term `unit + import price' means the price expressed in + dollars per kilogram.''. + (b) Short Supply Provisions.--Section 112(b)(5) of the African +Growth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended-- + (1) by amending subparagraph (A) to read as follows: + ``(A) In general.--Articles that are both cut (or + knit-to-shape) and sewn or otherwise assembled in one + or more beneficiary sub-Saharan African countries-- + ``(i) from fabric or yarn which need not be + originating under General Note 12(t) of the + Harmonized Tariff Schedule of the United States + for the apparel article to qualify as + originating under that Note; or + ``(ii) from fabric or yarn which-- + ``(I) is the component that + determines the classification of the + articles under the Harmonized Tariff + Schedule of the United States; + ``(II) is not commercially + available; and + ``(III) which the President + proclaims as eligible for use under + this paragraph without regard to where + the fabric or yarn is formed pursuant + to the procedures set forth in + subparagraph (B).''; and + (2) in subparagraph (B), in the matter preceding clause + (i), by striking ``not described in subparagraph (A)'' and + inserting ``and thus eligible for use in the production of cut + components or knit-to-shape components described in + subparagraph (A)(ii)''. + (c) User Developed Beneficiary Sub-Saharan African Countries.-- +Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 +U.S.C. 3721(b)(3)(B)) is amended-- + (1) in clause (ii)-- + (A) in subclause (II), by inserting ``and'' after + the semicolon; and + (B) by striking subclauses (III) and (IV) and + inserting the following: + ``(III) 2.9285 percent for the 1- + year period beginning October 2, 2005, + and for each 1-year period thereafter + through September 30, 2015.''; + (2) in clause (iii)-- + (A) in subclause (II), by striking ``and''; + (B) in subclause (III), by striking the period and + inserting ``; and''; and + (C) by adding after subclause (III) the following: + ``(IV) Mauritius, except that the + applicable percentage with respect to + Mauritius shall be 5 percent of the + applicable percentage described in + clause (ii)(III).''; and + (3) by striking clause (iv).","Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels (in order to fund the U.S. International Finance Facility). + +Establishes the United States International Finance Facility Trust Fund in the Treasury consisting of such amounts appropriated or credited to the Trust Fund, including amounts collected from the surcharge). + +Makes such Fund amounts available without further appropriation for expenditures in connection with U.S. commitments to the International Finance Facility. + +Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price; (2) establish an annual trigger price for each such product; and (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. + +Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. + +Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. + +Includes Mauritius in such extension, with no change in its current limitation of 5% of such applicable percentage.",To implement measures to help alleviate the poor living conditions in Africa.," The ""Answer Africa's Call Act"" is a proposed legislation that aims to address the issues of poverty and stagnation in Africa. It highlights the contrast between the wealth of the world and the poverty in Africa, where millions of children die from preventable diseases and hunger. The Act supports implementing recommendations to increase foreign assistance to Africa, provide debt relief, eliminate trade distorting agricultural subsidies, and remove trade barriers that impede economic opportunity in sub-Saharan Africa. The Act proposes an individual income tax surcharge to fund the International Finance Facility and makes modifications to preferential trade treatment for products of sub-Saharan African countries." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Great Lakes Protection and +Restoration Committee Act''. + +SEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE. + + (a) Establishment.--There is established a committee to be known as +the ``Great Lakes Protection and Restoration Committee'' (hereinafter +referred to in this section as the ``Committee''). + (b) Purpose.--The purpose of the Committee is to conduct a study +and report on programs established and carried out to achieve +restoration goals for the Great Lakes prepared by the Governors of +Great Lakes States and to make recommendations for prioritization of +such goals, legislation and funding to achieve such goals, and +improvement of coordination among programs and governments with respect +to such goals. + (c) Study and Report.-- + (1) Study.--The Committee shall conduct a study, based on + restoration goals for the Great Lakes prepared by the Governors + of Great Lakes States, to identify the best methods by which to + protect and restore the Great Lakes. The study shall include-- + (A) an analysis of Federal and State funding for + the 10-year period ending on the date of the enactment + of this Act for programs established and carried out to + achieve the restoration goals, including an assessment + of the success of the programs; and + (B) an analysis of the expected accomplishments of + such programs for the 10-year period beginning on the + date of the enactment of this Act based on existing + funding levels for the programs. + (2) Report.--Not later than one year after the date of the + initial meeting of the Committee under subsection (e)(1), the + Committee shall submit to the President, Congress, and the + Governor of each Great Lakes State, and make available to the + national Government of Canada and the Premiers of the Provinces + of Ontario and Quebec, a report that includes-- + (A) the results of the study, including a detailed + statement of the findings and conclusions of the + Committee; + (B) recommendations for the prioritization of the + restoration goals for the Great Lakes prepared by the + Governors of the Great Lakes States; + (C) specific benchmarks for the 10-year period + beginning on the date of the enactment of this Act to + measure the achievement of such restoration goals; + (D) recommendations for proposed Federal and State + legislation for obtaining additional authority and + funding as necessary to achieve such restoration goals; + (E) recommendations for methods to improve + coordination among existing Federal, State, local, and + non-governmental programs established to achieve the + restoration goals prepared by the Governors of the + Great Lakes States; and + (F) recommendations for methods to improve + coordination between Federal, State, and local programs + in the United States and the national Government of + Canada and the Governments of the Provinces of Ontario + and Quebec with respect to environmental protection and + restoration activities in the Great Lakes. + (d) Membership.-- + (1) Voting members.--The Committee shall be composed of 25 + voting members, of whom-- + (A) 8 members shall be the Governors of the Great + Lakes States (or designees of the Governors); + (B) 13 members shall be appointed by the President, + of whom-- + (i) 1 member shall be a representative of + the Department of the Interior; + (ii) 1 member shall be a representative of + the Corps of Engineers; + (iii) 1 member shall be a representative of + the Great Lakes National Program Office of the + Environmental Protection Agency; + (iv) 1 member shall be a representative of + the National Oceanic and Atmospheric + Administration; + (v) 1 member shall be a representative of + the Department of Agriculture; and + (vi) 8 members shall be chief executives of + cities, counties, or municipalities in the + Great Lakes Region, of whom 1 member shall be + from each Great Lakes State; + (C) 1 member shall be appointed by the Speaker of + the House of Representatives; + (D) 1 member shall be appointed by the minority + leader of the House of Representatives; + (E) 1 member shall be appointed by the President + pro tempore of the Senate; and + (F) 1 member shall be appointed by the minority + leader of the Senate. + (2) Nonvoting members.--The Committee shall include 10 + nonvoting members appointed by the President, of whom-- + (A) 2 members shall be representatives of the + environmental community; + (B) 2 members shall be representatives of industry; + (C) 2 members shall be representatives of the + scientific community with expertise on the + environmental conditions of the Great Lakes; + (D) 2 members shall be representatives of Indian + tribes located in the Great Lakes Region; + (E) 1 member shall be a United States Commissioner + of the Great Lakes Fishery Commission appointed under + section 3(a)(1) of the Great Lakes Fishery Act of 1956 + (16 U.S.C. 932(a)(1)); and + (F) 1 member shall be the Chair of the United + States Section of the International Joint Commission + established by the Boundary Waters Treaty of 1909. + (3) Nonvoting observers.--The Committee may include + nonvoting observers, including-- + (A) the Premiers of the Canadian Provinces of + Ontario and Quebec; + (B) a representative of the national Government of + Canada; and + (C) a representative of the Department of State. + (4) Date of appointment.--The appointment of each member of + the Committee shall be made not later than 90 days after the + date of the enactment of this Act. + (5) Term.--A member shall be appointed for the life of the + Committee. + (6) Vacancies.--A vacancy on the Committee-- + (A) shall not affect the powers of the Committee; + and + (B) shall be filled in the same manner as the + original appointment was made. + (7) Chairperson and vice chairperson.--The Committee shall + select a Chairperson from among the members of the Committee + described in paragraph (1)(A) and a Vice Chairperson from among + the members of the Committee appointed under clauses (i) + through (v) of paragraph (1)(B). + (8) Compensation.--Members of the Committee shall serve + without pay. + (9) Travel expenses.--A member of the Committee shall be + allowed travel expenses, including per diem in lieu of + subsistence, in accordance with sections 5702 and 5703 of title + 5, United States Code. + (e) Meetings.-- + (1) Initial.--Not later than 30 days after the date on + which all members of the Committee have been appointed, the + Committee shall hold the initial meeting of the Committee. + (2) Subsequent.--The Committee shall meet at the call of + the Chairperson. + (3) Quorum.--A majority of the voting members of the + Committee described in subsection (d)(1) shall constitute a + quorum, but a lesser number of members may hold hearings. + (f) Powers.-- + (1) Hearings.--The Committee may hold hearings, meet and + act, take testimony, and receive evidence as the Committee + considers advisable to carry out this Act. + (2) Information from federal agencies.-- + (A) In general.--The Committee may secure directly + from a Federal agency such information as the Committee + considers necessary to carry out this Act. + (B) Provision of information.--On request of the + Chairperson of the Committee, the head of the agency + shall provide the 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 agencies of the Federal Government. + (4) Gifts.--The Committee may accept, use, and dispose of + gifts or donations of services or property. + (g) Staff.-- + (1) Appointment.-- + (A) Executive director.--The Committee may appoint + and terminate an executive director. + (B) Other staff.--The Chairperson of the Committee + may appoint and terminate such other additional + personnel as are necessary to enable the Committee to + perform the duties of the Committee. + (2) Compensation.-- + (A) In general.--Except as provided in subparagraph + (B), 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. + (B) Maximum rate of pay.--The rate of pay for the + executive director and other personnel shall not exceed + the rate payable for level V of the Executive Schedule + under section 5316 of title 5, United States Code. + (3) Detail of federal government employees.-- + (A) In general.--An employee of the Federal + Government may be detailed to the Committee without + reimbursement. + (B) Civil service status.--The detail of the + employee shall be without interruption or loss of civil + service status or privilege. + (4) Procurement of temporary and intermittent services.-- + The Chairperson of the Committee may procure temporary and + intermittent services in accordance with section 3109(b) of + title 5, United States Code, at rates for individuals that do + not exceed the daily equivalent of the annual rate of basic pay + prescribed for level V of the Executive Schedule under section + 5316 of that title. + (h) Termination.--The Committee shall terminate 90 days after the +date on which the Committee submits the report of the Committee under +subsection (c)(2). + (i) Definitions.--In this Act: + (1) Great lakes.--The term ``Great Lakes'' means Lake Erie, + Lake Huron (including Lake Saint Clair), Lake Michigan, Lake + Ontario, Lake Superior, and the connecting channels of those + lakes, including the Saint Mary's River, the Saint Clair River, + the Detroit River, and the Saint Lawrence River to the Canadian + border. + (2) Great lakes state.--The term ``Great Lakes State'' + means each of the States of Illinois, Indiana, Ohio, Michigan, + Minnesota, New York, Pennsylvania, and Wisconsin. + (3) Great lakes region.--The term ``Great Lakes region'' + means the region comprised of the Great Lakes States. + (4) Indian tribe.--The term ``Indian tribe'' has the + meaning given the term in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 450b). + (j) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to + carry out this section $5,000,000 for fiscal year 2005. + (2) Availability.--Amounts appropriated pursuant to the + authorization of appropriations under paragraph (1) are + authorized to remain available until the date of termination of + the Committee under subsection (h).","Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States; and (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them.",To establish the Great Lakes Protection and Restoration Committee.," The Great Lakes Protection and Restoration Committee Act establishes a committee to study and report on programs established to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States. The committee will identify the best methods to protect and restore the Great Lakes, analyze funding for existing programs, and recommend prioritization of goals, legislation, funding, and improved coordination among governments and programs related to these goals. The committee will be composed of 25 voting members, including representatives from the Great Lakes States, federal agencies, environmental community, industry, scientific community, Indian tribes, and other organizations. The committee will submit a report to the President, Congress, and the Governors of Great Lakes States within one year of its initial meeting." +"SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET + OPERATING LOSSES. + + (a) Subsection (c) of section 5021 of the Technical and +Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to +read as follows: + ``(c) Special Administrative Rules.-- + ``(1) Income included in native corporation return.--At the + joint election of a Native Corporation and a corporation + (referred to in this subsection (c) as the `buyer corporation') + with which the Native Corporation entered into a transaction + permitted under section 60(b)(5) of the Tax Reform Act of 1984 + and section 1804(e)(4) of the Tax Reform Act of 1986 (referred + to in this subsection (c) as a `Native Corporation + transaction'), income assigned, transferred or otherwise made + available by the buyer corporation through the use of a + corporation (referred to in this subsection (c) as the `profit + subsidiary') by reason of such transaction for a period in + which the profit subsidiary qualified as a member of the + affiliated group of which the Native Corporation was the common + parent shall be included in the taxable income of the Native + Corporation affiliated group solely for purposes of section + 6212 of the Internal Revenue Code-- + ``(A) Election.--The election under this subsection + (c) for the taxable year to which the election relates + shall be made no later than 120 days after the date of + enactment of this amendment. The election shall be + irrevocable and shall be made by filing with the + district director for the Anchorage district office of + the Internal Revenue Service a written statement signed + by responsible officers of the Native Corporation and + the electing buyer corporation that-- + ``(i) identifies the Native Corporation, + the profit subsidiary, and the buyer + corporation (and their taxpayer identification + numbers) and states their agreement to make the + election provided in this subsection (c); + ``(ii) states the amount of income + assigned, transferred or otherwise made + available to the profit subsidiary for the + taxable year by reason of the Native + Corporation transaction; + ``(iii) if profit subsidiaries related to a + buyer corporation other than the electing buyer + corporation were members of the affiliated + group of which the Native Corporation was the + common parent, describes the order and the + amount of the losses and credits of the Native + Corporation affiliated group that were used to + offset the income of each profit subsidiary; + ``(iv) states the agreement of the buyer + corporation to consent under section 6501(c)(4) + of the Internal Revenue Code to extend the + periods of limitations for assessment and + collection solely with respect to the income of + the profit subsidiary for the affected taxable + period(s) to a date not less than 180 days + after the date the tax liability for the + taxable year in which the Native Corporation + transaction occurred is finally determined; + ``(v) states the agreement of the Native + Corporation to consent under section 6501(c)(4) + of the Internal Revenue Code to extend the + periods of limitations for assessment and + collection solely with respect to the income of + the profit subsidiary for the affected taxable + period(s) to a date not less than 120 days + after the date on which the Native Corporation + makes the election under this subsection; and + ``(vi) the Native Corporation and the buyer + corporation agree that the Service is + authorized to make any refund of any + overpayment that is determined to be due, + jointly to the Native Corporation and the + electing buyer corporation. + If a Native Corporation has engaged in multiple Native + Corporation transactions, such election shall be + independently made by each buyer corporation on + separate written statements. A buyer corporation that + elects under this provision must so elect for all + Native Corporation transactions with the particular + Native Corporation with whom the election is made for + which the statue of limitations for assessment is open. + ``(B) Taxable rate.--Notwithstanding section 11 of + the Internal Revenue Code, any income of the profit + subsidiary that is subject to the election provided in + this subsection (c) shall be taxed at the rate that + such income would have been taxed if it had been + included in the return of the buyer corporation for the + taxable year from which such income was assigned, + transferred or otherwise made available. Solely for + purposes of issuing a notice under section 6212 of the + Internal Revenue Code to a Native Corporation for a + Native Corporation transaction for which an election + has been made under this subsection (c), the tax may be + computed by applying the maximum corporate rate under + section 11 of the Internal Revenue Code. + ``(2) Treatment of native corporation as common parent as + sole agent.--The common parent of an affiliated group which + includes a Native Corporation that elects under subsection + (c)(1) shall be the sole agent for the profit subsidiary for + purposes of the Native Corporation transaction for the period + of affiliation. + ``(3) Collection of tax from buyer corporation.--For + purposes of this subsection, the amount of any tax, interest, + addition to tax, penalty or other amount attributable to the + income of the profit subsidiary shall be paid by and be + collectible from the profit subsidiary and the buyer + corporation for the taxable year for which income was assigned, + transferred or otherwise made available by the buyer + corporation in connection with the Native Corporation + transaction. + ``(4) Payment of tax by native corporation.--If, after the + election provided in subsection (c)(1) is made, the Native + Corporation pays all or any part of the tax, interest, addition + to tax, penalty or other amount attributable to the income of + the profit subsidiary, such payment shall be deemed to be a + payment by the buyer corporation for the taxable year for which + such income would otherwise have been included in the buyer + corporation's return if the election provided in subsection + (c)(1) was not made-- + ``(A) Filing of refund claim.--A Native Corporation + that elects under subsection (c)(1) shall be treated as + the taxpayer for purposes of sections 6402 and 6511 of + the Internal Revenue Code with respect to all payments + of tax, interest, additions to tax, penalties, or other + amounts attributable to the income of the profit + subsidiary and shall be entitled to file a claim for + refund as the taxpayer with respect to any taxes, + interest, additions to tax, penalties or other amounts + attributable to the income of the profit subsidiary. + ``(B) Filing of refund suit.--A Native Corporation + that elects under subsection (c)(1) shall be treated as + the taxpayer for purposes of section 7422 of the + Internal Revenue Code with respect to all payments of + tax, interest, additions to tax, penalties, or other + amounts attributable to the income of the profit + subsidiary, and as the plaintiff for purposes of + section 1402 of title 28, United States Code, and shall + be entitled to file and maintain a proceeding in court + as the taxpayer for the recovery of such amounts. + ``(C) Refund of overpayment.--In the event that an + overpayment is determined to be due, whether by final + administrative or judicial decision, with respect to a + Native Corporation transaction (c)(1), the Native + Corporation shall be treated as the person who made the + overpayment within the meaning of section 6402(a) of + the Internal Revenue Code. Notwithstanding any law or + rule of law, including the preceding sentence, any + refund of such overpayment may be made jointly to the + Native Corporation and to the electing buyer + corporation, as agreed to under paragraph (A)(v) of + subsection (c)(1). + ``(5) Participatory rights of electing buyer corporation.-- + Any buyer corporation that makes an election under subsection + (c)(1) shall have the right to-- + ``(A) submit a written statement and participate + with the Native Corporation in any administrative + proceeding relating to any proposed adjustment + regarding a Native Corporation transaction for which an + election has been made; and + ``(B) file an amicus brief in any proceeding in a + Federal court or the United States Tax Court that has + been filed by the Native Corporation involving a + proposed adjustment regarding such a Native Corporation + transaction. + All written notices or other reports issued by the Secretary or + his delegate with respect to such a Native Corporation + transaction shall be issued to the Native Corporation, and it + shall be the obligation of the Native Corporation to provide + copies thereof to the electing buyer corporation. Rules similar + to the rules of subparagraphs (B) and (C) of paragraph (7) + shall apply for purposes of this paragraph. + ``(6) Final determination of issues.-- + ``(A) All issues with respect to the Native + Corporation transaction with respect to which an + election is made under subsection (c)(1), including the + applicability of any interest, addition to tax, penalty + or other amount, shall be determined by administrative + or judicial decision with respect to the consolidated + return of the Native Corporation affiliated group. + ``(B) Upon such determination, any income of the + profit subsidiary that is not offset in the Native + Corporation transaction shall be reported on the buyer + corporation's return as if it were originally reported + thereon and subject to all adjustments, including net + operating loss or other carrybacks, to which such + income would otherwise be subject. + ``(7) No effect on nonelecting corporations.--The absence + of an election by a Native Corporation and a buyer corporation + with respect to a Native Corporation transaction shall not + restrict the authority of the Secretary of the Treasury or his + delegate to settle or litigate with any nonelecting buyer + corporation with respect to any issue relating to such a + transaction-- + ``(A) Rights of native corporation.--For any such + Native Corporation transaction for which no election is + made under subsection (c)(1), the Native Corporation + shall have the right to submit a written statement and + participate with the buyer corporation in any + administrative proceeding relating to any proposed + adjustment regarding such Native Corporation + transaction; and to file an amicus brief in any + proceeding in a Federal court or the United States Tax + Court that has been filed by the non-electing buyer + corporation involving a proposed adjustment regarding + such Native Corporation transaction. + ``(B) Extension of statute of limitations.-- + Subparagraph (A) shall not apply if the Secretary of + the Treasury or his delegate determines that an + extension of the statute of limitations is necessary to + permit the participation described in subparagraph (A) + and the taxpayer and the Secretary or his delegate have + not agreed to such extension. + ``(C) Failures.--For purposes of the 1986 Code, any + failure by the Secretary of the Treasury or his + delegate to comply with the provisions of this + subsection shall not affect the validity of the + determination of the Internal Revenue Service of any + adjustment of tax liability of any non-electing buyer + corporation. + ``(8) Effective date.--This provision shall be effective + for all taxable years for which the statute of limitations for + assessment with respect to an electing Native Corporation has + not expired prior to the date of enactment of this Act-- + ``(A) Extension of statute of limitations.--Any + Native Corporation for which the statue of limitations + for assessment will expire within 120 days after the + date of enactment of this section shall have the right + upon request to extend such statute of limitations + pursuant to section 6501(c)(4) of the Internal Revenue + Code to a date not less than 120 days after the date of + enactment of this section. + ``(B) Period for assessments.--If the statute of + limitations for assessments with respect to an electing + Native Corporation has not expired prior to the date of + the enactment of this Act, such period shall not expire + before the date 120 days after the date on which the + Native Corporation makes the election under this + subsection.''. + (b) Section 5021 of the Technical and Miscellaneous Revenue Act of +1988 (Public Law 100-647) is amended by adding, after subsection (e), +new subsection (f) to read as follows: + ``(f) Increase in Underpayment Rate.--For purposes of determining +the amount of interest payable under section 6601 of the Internal +Revenue Code on a tax underpayment attributable to a Native Corporation +transaction for which an election has been made under subsection (c) +hereof, the underpayment rate otherwise applicable under section +6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be +increased by 0.5 percentage points.''.","Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.","A bill to provide Alaska Native Corporations, through an election process, standing to contest the disallowance of certain tax losses by the Internal Revenue Service if the purchasers of the losses agree; and to offset any associated revenue losses by increasing the interest rate on certain related tax deficiencies."," This text amends Section 5021 of the Technical and Miscellaneous Revenue Act of 1988 to provide special administrative rules for Native Corporations with regard to the sale of net operating losses. The amendment outlines the election process for Native Corporations and buyer corporations to include income assigned, transferred, or otherwise made available by the buyer corporation through a profit subsidiary due to a Native Corporation transaction. It also addresses tax rates, collection of taxes, payment of taxes by Native Corporations, refunds, participatory rights for buyer corporations, final determination of issues, and the effective date of the provision. Additionally, it increases the underpayment rate for determining interest payable on tax underpayments attributable to Native Corporation transactions for which an election has been made under subsection (c)." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Government Travel Cost Reduction +Act''. + +SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES. + + (a) In General.--Chapter 57 of title 5, United States Code, is +amended by inserting after section 5709 the following new section: +``Sec. 5710. Business accounts for air travel + ``(a) The General Services Administration or any agency entering +into a contract with an air carrier for travel on official business-- + ``(1) subject to the provisions of paragraph (2), shall + include as a term of such contract that such air carrier + shall-- + ``(A) establish a separate air travel business + account for any employee, designated by the head of the + agency employing such employee, for travel on official + business by such employee on such air carrier; + ``(B) deposit any award or bonus by such air + carrier awarded to such employee for travel on official + business into the employee's air travel business + account; and + ``(C) apply any such award or bonus from such + employee's air travel business account to any travel on + official business by such employee on such air carrier + except that such awards or bonuses shall not be used + for seating upgrades; and + ``(2) may include as a term of such contract, as an + alternative to the term required under paragraph (1), that such + air carrier shall-- + ``(A) establish an air travel business account for + any office or administrative unit of an agency, as + designated by the head of such agency, for travel on + official business by employees of such office or + administrative unit on such air carrier; + ``(B) deposit any award or bonus by such air + carrier awarded to any employee of such office or + administrative unit for travel on official business + into the air travel business account of such office or + administrative unit; and + ``(C) apply any such award or bonus from the air + travel business account of such office or + administrative unit to any travel on official business + by any employee of such office or administrative unit + except that such awards or bonuses shall not be used + for seating upgrades. + ``(b) All air travel business accounts established under this +section shall be separate from any personal account of an employee. Any +award or bonus from an air travel business account may be used only for +travel on official business except that such awards shall not be used +for seating upgrades. + ``(c) To the greatest extent practicable, the General Services +Administration shall include the term described under subsection (a)(2) +in a contract to maximize travel costs savings. + ``(d) The General Services Administration shall promulgate +regulations to carry out the provisions of this section. Such +regulations shall include a requirement that, to the greatest extent +practicable to maximize travel costs savings, employees shall-- + ``(1) travel on official business with air carriers + awarding awards and bonuses for official business travel, + regardless of whether such travel is on an air carrier under a + contract described under this section; and + ``(2)(A) participate in any program of such air carrier + awarding awards and bonuses; and + ``(B) use such awards and bonuses for only official + business travel except that such awards shall not be used for + seating upgrades.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 57 of title 5, United States Code, is amended by inserting +after the item relating to section 5709 the following new item: + +``5710. Business accounts for air travel.''. + +SEC. 3. APPLICATION TO THE CONGRESS. + + (a) In General.--No later than 180 days after the date of the +enactment of this Act, the Committee on Rules and Administration of the +Senate and the Committee on Administration of the House of +Representatives shall promulgate regulations relating to Members of +Congress and any employee whose pay is disbursed by the Secretary of +the Senate or the Clerk of the House of Representatives, respectively, +that-- + (1) require any Member of the Senate, officer of the + Senate, Member of the House of Representatives, or officer of + the House of Representatives who enters into a contract with an + air carrier for travel on official business by a Member or + employee-- + (A) subject to the provisions of subparagraph (B), + shall include as a term of such contract that such air + carrier shall-- + (i) establish a separate air travel + business account for any Member or employee, + designated by the applicable Member or + employing committee or office of such employee, + for travel on official business by such Member + or employee on such air carrier; + (ii) deposit any award or bonus by such air + carrier awarded to such Member or employee for + travel on official business into the Member's + or employee's air travel business account; and + (iii) apply any such award or bonus from + such Member's or employee's air travel business + account to any travel on official business by + such Member or employee on such air carrier + except that such awards or bonuses shall not be + used for seating upgrades; and + (B) may include as a term of such contract, as an + alternative to the term required under subparagraph + (A), that such air carrier shall-- + (i) establish an air travel business + account for any committee or office as + designated by the applicable Member, committee, + or office, for travel on official business by + Members or employees of such committee or + office on such air carrier; + (ii) deposit any award or bonus by such air + carrier awarded to any Member or employee of + such committee or office for travel on official + business into the air travel business account + of such committee or office; and + (iii) apply any such award or bonus from + the air travel business account of such + committee or office to any travel on official + business by any Member or employee of such + committee or office except that such awards or + bonuses shall not be used for seating upgrades; + and + (2) to the greatest extent practicable to maximize travel + costs savings, require committees and offices (including + Members' offices)-- + (A) to enter into contracts with air carriers + awarding awards and bonuses for official business + travel; and + (B) to require Members and employees to-- + (i) travel on official business with air + carriers awarding awards and bonuses for + official business travel, regardless of whether + such travel is on an air carrier under a + contract described under this section; and + (ii)(I) participate in any program of such + air carrier awarding awards and bonuses; and + (II) use such awards and bonuses for only + official business travel except that such + awards or bonuses shall not be used for seating + upgrades. + (b) Separate Business Accounts.--All air travel business accounts +established under this section shall be separate from any personal +account of a Member or employee. Any award or bonus from an air travel +business account may be used only for travel on official business +except that such awards or bonuses shall not be used for seating +upgrades. + (c) Committee and Office Accounts.--To the greatest extent +practicable, any Member of Congress or officer of the Congress entering +into a contract as provided under this section shall include the term +described under subsection (a)(1)(B) to maximize costs savings.",Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier.,Government Travel Cost Reduction Act," The Government Travel Cost Reduction Act aims to reduce travel costs for federal employees by requiring air carriers to establish separate air travel business accounts for employees designated by their agency head for official business travel. These accounts would receive any awards or bonuses for official business travel and apply them to future travel on official business with the carrier. The act also applies to Members of Congress and their employees, with similar requirements for establishing separate business accounts for official travel. All air travel business accounts must be separate from personal accounts, with awards or bonuses used only for official travel (excluding seating upgrades)." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``HOPE VI Program Reauthorization and +Small Community Mainstreet Rejuvenation and Housing Act of 2003''. + +SEC. 2. HOPE VI PROGRAM REAUTHORIZATION. + + (a) Selection Criteria.--Section 24(e)(2) of the United States +Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- + (1) by striking the matter preceding subparagraph (A) and + inserting the following: + ``(2) Selection criteria.--The Secretary shall establish + criteria for the award of grants under this section and shall + include among the factors--''; + (2) in subparagraph (B), by striking ``large-scale''; + (3) in subparagraph (D)-- + (A) by inserting ``and ongoing implementation'' + after ``development''; and + (B) by inserting ``, except that the Secretary may + not award a grant under this section unless the + applicant has involved affected public housing + residents at the beginning and during the planning + process for the revitalization program, prior to + submission of an application'' before the semicolon at + the end; + (4) in subparagraph (H), by striking ``and'' at the end; + (5) by redesignating subparagraph (I) as subparagraph (M); + and + (6) by inserting after subparagraph (H) the following new + subparagraphs: + ``(I) the extent to which the applicant can + commence and complete the revitalization plan + expeditiously; + ``(J) the extent to which the plan minimizes + temporary or permanent displacement of current + residents of the public housing site who wish to remain + in or return to the revitalized community and provides + for community and supportive services to residents + prior to any relocation; + ``(K) the extent to which the plan sustains or + creates more project-based housing units available to + persons eligible for public housing in markets where + there is demand for the maintenance or creation of such + units; + ``(L) the extent to which the plan gives to + existing residents priority for occupancy in dwelling + units in the revitalized community; and''. + (b) Definition of Severely Distressed Public Housing.--Section +24(j)(2)(A)(iii) of the United States Housing Act of 1937 (42 U.S.C. +1437v(j)(2)(A)(iii)) is amended-- + (1) in subclause (I)-- + (A) by inserting ``or very low-income elderly or + non-elderly disabled persons'' before the first comma; + and + (B) by striking ``or'' at the end; + (2) in subclause (II), by inserting ``or'' after the + semicolon at the end; and + (3) by inserting at the end the following new subclause: + ``(III) is lacking in sufficient + appropriate transportation, supportive + services, economic opportunity, schools, civic + and religious institutions, and public + services, resulting in severe social distress + in the project;''. + (c) Authorization of Appropriations.--Paragraph (1) of section +24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) +is amended by inserting before the period at the end the following: +``and such sums as may be necessary for each of fiscal years 2004 and +2005''. + (d) Extension of Program.--Section 24(n) of the United States +Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking +``September 30, 2004'' and inserting ``September 30, 2005''. + +SEC. 3. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING THROUGH MAIN + STREET PROJECTS. + + (a) Purposes.--Section 24(a) of the United States Housing Act of +1937 (42 U.S.C. 1437v(a)) is amended by adding after and below +paragraph (4) the following: +``It is also the purpose of this section to provide assistance to +smaller communities for the purpose of facilitating the development of +affordable housing for low-income families that is undertaken in +connection with a main street revitalization or redevelopment project +in such communities.''. + (b) Grants for Assisting Affordable Housing Developed Through Main +Street Projects in Smaller Communities.--Section 24 of the United +States Housing Act of 1937 (42 U.S.C. 1437v) is amended-- + (1) by redesignating subsection (n) as subsection (o); and + (2) by inserting after subsection (m) the following new + subsection: + ``(n) Grants for Assisting Affordable Housing Developed Through +Main Street Projects in Smaller Communities.-- + ``(1) Authority and use of grant amounts.--The Secretary + may make grants under this subsection to smaller communities. + Such grant amounts shall be used by smaller communities only to + provide assistance to carry out eligible affordable housing + activities under paragraph (3) in connection with an eligible + project under paragraph (2). + ``(2) Eligible project.--For purposes of this subsection, + the term `eligible project' means a project that-- + ``(A) the Secretary determines, under the criteria + established pursuant to paragraph (3), is a main street + project; + ``(B) is carried out within the jurisdiction of + smaller community receiving the grant; and + ``(C) involves the development of affordable + housing that is located in the commercial area that is + the subject of the project. + ``(3) Main street projects.--The Secretary shall establish + requirements for a project to be consider a main street project + for purposes of this section, which shall require that the + project-- + ``(A) has as its purpose the revitalization or + redevelopment of a historic or traditional commercial + area; + ``(B) involves investment, or other participation, + by the government for, and private entities in, the + community in which the project is carried out; and + ``(C) complies with such historic preservation + guidelines or principles as the Secretary shall + identify to preserve significant historic or + traditional architectural and design features in the + structures or area involved in the project. + ``(4) Eligible affordable housing activities.--For purposes + of this subsection, the activities described in subsection + (d)(1) shall be considered eligible affordable housing + activities, except that-- + ``(A) such activities shall be conducted with + respect to affordable housing rather than with respect + to severely distressed public housing projects; and + ``(B) eligible affordable housing activities under + this subsection shall not include the activities + described in subparagraphs (B) through (F) or (J) + through (L) of subsection (d)(1). + ``(5) Maximum grant amount.--A grant under this subsection + for a fiscal year for a single smaller community may not exceed + $1,000,000. + ``(6) Contribution requirement.--A smaller community + applying for a grant under this subsection shall be considered + an applicant for purposes of subsection (c) (relating to + contributions by applicants), except that-- + ``(A) such supplemental amounts shall be used only + for carrying out eligible affordable housing + activities; and + ``(B) paragraphs (1)(B) and (3) shall not apply to + grants under this subsection. + ``(7) Applications and selection.-- + ``(A) Application.--Pursuant to subsection (e)(1), + the Secretary shall provide for smaller communities to + apply for grants under this subsection, except that the + Secretary may establish such separate or additional + criteria for applications for such grants as may be + appropriate to carry out this subsection. + ``(B) Selection criteria.--The Secretary shall + establish selection criteria for the award of grants + under this subsection, which shall be based on the + selection criteria established pursuant to subsection + (e)(2), with such changes as may be appropriate to + carry out the purposes of this subsection. + ``(8) Cost limits.--The cost limits established pursuant to + subsection (f) shall apply to eligible affordable housing + activities assisted with grant amounts under this subsection. + ``(9) Inapplicability of other provisions.--The provisions + of subsections (g) (relating to disposition and replacement of + severely distressed public housing), (h) (relating to + administration of grants by other entities), and (i) (relating + to withdrawal of funding) shall not apply to grants under this + subsection. + ``(10) Reporting.--The Secretary shall require each smaller + community receiving a grant under this subsection to submit a + report regarding the use of all amounts provided under the + grant. + ``(11) Definitions.--For purposes of this subsection, the + following definitions shall apply: + ``(A) Affordable housing.--The term `affordable + housing' means rental or homeownership dwelling units + that-- + ``(i) are made available for initial + occupancy subject to the same rules regarding + level of income and income mix as dwelling + units in public housing projects assisted with + a grant under this section; and + ``(ii) are subject to the same rules + regarding occupant contribution toward rent or + purchase and terms of rental or purchase as + dwelling units in public housing projects + assisted with a grant under this section. + ``(B) Smaller community.--The term `smaller + community' means a unit of general local government (as + such term is defined in section 102 of the Housing and + Community Development Act of 1974 (42 U.S.C. 5302)) + that-- + ``(i) has a population of 30,000 or fewer; + and + ``(ii)(I) is not served by a public housing + agency; or + ``(II) is served by a single public housing + agency, which agency administers 100 or fewer + public housing dwelling units.''. + (c) Annual Report.--Section 24(l) of the United States Housing Act +of 1937 (42 U.S.C. 1437v(l)) is amended-- + (1) in paragraph (3), by striking ``; and'' and inserting + ``, including a specification of the amount and type of + assistance provided under subsection (n);''; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) by inserting after paragraph (3) the following new + paragraph: + ``(4) the types of projects funded, and number of + affordable housing dwelling units developed with, grants under + subsection (n); and''. + (d) Funding.--Section 24(m) of the United States Housing Act of +1937 (42 U.S.C. 1437v(m)) is amended by adding at the end the following +new paragraph: + ``(3) Set-aside for main street housing grants.--Of the + amount appropriated pursuant to paragraph (1) for any fiscal + year, the Secretary shall provide up to 5 percent for use only + for grants under subsection (n).''.","HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 - (Sec. 2) Amends the United States Housing Act of 1937 to revise criteria for HOPE VI (urban revitalization demonstration program) grants, including addition of criteria regarding tenant displacement, existing tenant occupancy priority, and timeliness of project completion.Revises the definition of ""severely distressed public housing"" to include: (1) buildings or projects that include very low-income elderly or nonelderly disabled persons; and (2) areas lacking sufficient affordable housing, transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services.Authorizes FY 2004 and 2005 appropriations. Extends program authority through September 30, 2005.(Sec. 3) Includes within the program's purposes assisting smaller communities to provide affordable low-income housing in connection with main street revitalization or redevelopment projects.Authorizes main street grants (maximum $1 million per year) to smaller communities for affordable low-income housing in a commercial area in connection with an eligible project.Requires that a project be focused on: (1) joint public-private revitalization or redevelopment of a historic or traditional commercial area; and (2) affordable housing rather than severely distressed public housing.Defines ""smaller community"" as a local government unit that: (1) has a population of under 30,000, and is without a public housing agency; or (2) has a public housing agency that administers 100 or fewer public housing dwelling units.Defines ""affordable housing"" as rental or homeownership units that are made available for initial occupancy subject to the same income and occupant contribution rules as dwelling units in public housing projects assisted with HOPE VI grants.Obligates up to five percent of HOPE VI appropriations for smaller community grants.","To reauthorize the HOPE VI program for revitalization of severely distressed public housing and to provide financial assistance under such program for main street revitalization or redevelopment projects in smaller communities to support the development of affordable housing for low-income families in connection with such projects, and for other purposes."," The HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 aims to reauthorize the HOPE VI Program and provide assistance to smaller communities for the development of affordable housing through main street projects. The Act amends the United States Housing Act of 1937 by establishing new selection criteria for grants, defining severely distressed public housing, and extending the program's duration. It also introduces grants for assisting affordable housing developed through main street projects in smaller communities, with specific requirements for eligible projects and activities. The Act sets maximum grant amounts, contribution requirements, and reporting requirements for smaller communities receiving grants." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Weekends Without Hunger Act''. + +SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. + + Section 18 of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1769) is amended by adding at the end the following: + ``(j) Weekends and Holidays Without Hunger.-- + ``(1) Definitions.--In this subsection: + ``(A) At-risk school child.--The term `at-risk + school child' has the meaning given the term in section + 17(r)(1). + ``(B) Eligible institution.-- + ``(i) In general.--The term `eligible + institution' means a public or private + nonprofit institution that is determined by the + Secretary to be able to meet safe food storage, + handling, and delivery standards established by + the Secretary. + ``(ii) Inclusions.--The term `eligible + institution' includes-- + ``(I) an elementary or secondary + school or school food service + authority; + ``(II) a food bank or food pantry; + ``(III) a homeless shelter; and + ``(IV) such other type of emergency + feeding agency as is approved by the + Secretary. + ``(2) Establishment.--Subject to the availability of + appropriations provided in advance in an appropriations Act + specifically for the purpose of carrying out this subsection, + the Secretary shall establish a program under which the + Secretary shall provide commodities, on a competitive basis, to + eligible institutions to provide nutritious food to at-risk + children on weekends and during extended school holidays during + the school year. + ``(3) Eligibility.-- + ``(A) In general.--To be eligible to receive + commodities under this subsection, an eligible + institution shall submit an application to the + Secretary at such time, in such manner, and containing + such information as the Secretary may determine. + ``(B) Plan.--An application under subparagraph (A) + shall include the plan of the eligible institution for + the distribution of nutritious foods to at-risk school + children, including-- + ``(i) methods of food service delivery to + at-risk school children; + ``(ii) assurances that children receiving + foods under the project will not be publicly + separated or overtly identified; + ``(iii) lists of the types of food to be + provided under the project and provisions to + ensure food quality and safety; + ``(iv) information on the number of at-risk + school children to be served and the per-child + cost of providing the children with food; and + ``(v) such other information as the + Secretary determines to be necessary to assist + the Secretary in evaluating projects that + receive commodities under this subsection. + ``(4) Priority.--In selecting applications under this + subsection, the Secretary shall give priority to eligible + institutions that-- + ``(A) have on-going programs and experience serving + populations with significant proportions of at-risk + school children; + ``(B) have a good record of experience in food + delivery and food safety systems; + ``(C) maintain high quality control, + accountability, and recordkeeping standards; + ``(D) provide children with readily consumable food + of high nutrient content and quality; + ``(E) demonstrate cost efficiencies and the + potential for obtaining supplemental funding from non- + Federal sources to carry out projects; and + ``(F) demonstrate the ability to continue projects + for the full approved term of the pilot project period. + ``(5) Guidelines.-- + ``(A) In general.--The Secretary shall issue + guidelines containing the criteria for projects to + receive commodities under this section. + ``(B) Inclusions.--The guidelines shall, to the + maximum extent practicable within the funds available + and applications submitted, take into account-- + ``(i) geographical variations in project + locations to include qualifying projects in + rural, urban, and suburban areas with high + proportions of families with at-risk school + children; + ``(ii) different types of projects that + offer nutritious foods on weekends and during + school holidays to at-risk school children; and + ``(iii) institutional capacity to collect, + maintain, and provide statistically valid + information necessary for the Secretary-- + ``(I) to analyze and evaluate the + results of the pilot project; and + ``(II) to make recommendations to + Congress. + ``(6) Evaluation.-- + ``(A) Interim evaluation.--Not later than November + 30, 2013, the Secretary shall complete an interim + evaluation of the pilot program carried out under this + subsection. + ``(B) Final report.--Not later than December 31, + 2015, the Secretary shall submit to Congress a final + report that contains-- + ``(i) an evaluation of the pilot program + carried out under this subsection; and + ``(ii) any recommendations of the Secretary + for legislative action. + ``(7) Funding.-- + ``(A) Authorization of appropriations.--There is + authorized to be appropriated to carry out this section + such sums as are necessary, to remain available until + expended. + ``(B) Availability of funds.--Not more than 3 + percent of the funds made available under subparagraph + (A) may be used by the Secretary for expenses + associated with review of the operations and evaluation + of the projects carried out under this subsection.''. + + Passed the House of Representatives December 8, 2010. + + Attest: + + LORRAINE C. MILLER, + + Clerk.","Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) + +Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. + +Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. + +Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. + +Authorizes appropriations for the pilot program.",To amend the Richard B. Russell National School Lunch Act to establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year.," The Weekends Without Hunger Act aims to provide nutritious food to at-risk school children during weekends and extended school holidays through a program that provides commodities to eligible institutions on a competitive basis. Eligible institutions include elementary or secondary schools, food banks, homeless shelters, and other emergency feeding agencies approved by the Secretary. Institutions must submit an application detailing their plan for distributing nutritious foods to at-risk school children, and priority is given to institutions with experience serving at-risk populations, good records in food delivery and safety systems, high quality control standards, cost efficiency, and potential for obtaining supplemental funding from non-federal sources. The Secretary is required to issue guidelines for projects to receive commodities and complete an interim evaluation of the pilot program by November 30, 2013, followed by a final report to Congress by December 31, 2015." +"SECTION 1. SHORT TITLE. + This Act may be cited as the ``Assessing Progress in Haiti Act of +2014''. +SEC. 2. FINDINGS. + Congress makes the following findings: + (1) On January 12, 2010, a massive earthquake struck near the + Haitian capital city of Port-au-Prince, leaving an estimated + 220,000 people dead, including 103 United States citizens, 101 + United Nations personnel, and nearly 18 percent of the nation's + civil service, as well as 300,000 injured, 115,000 homes destroyed, + and 1,500,000 people displaced. + (2) According to the Post Disaster Needs Assessment conducted + by the Government of Haiti, with technical assistance from the + United Nations, the World Bank, the Inter-American Development + Bank, the Economic Commission for Latin America and the Caribbean, + and the European Commission, an estimated 15 percent of the + population was directly affected by the disaster and related + damages and economic losses totaled $7,804,000,000. + (3) Even before the earthquake, Haiti had some of the lowest + socioeconomic indicators and the second highest rate of income + disparity in the world, conditions that have further complicated + post-earthquake recovery efforts and, according to the World Bank, + have significantly reduced the prospects of addressing poverty + reduction through economic growth. + (4) According to the World Food Programme, more than 6,700,000 + people in Haiti (out of a population of about 10,000,000) are + considered food insecure. + (5) In October 2010, an unprecedented outbreak of cholera in + Haiti resulted in over 500,000 reported cases and over 8,000 deaths + to date, further straining the capacity of Haiti's public health + sector and increasing the urgency of resettlement and water, + sanitation, and hygiene (WASH) efforts. + (6) The international community, led by the United States and + the United Nations, mounted an unprecedented humanitarian response + in Haiti, with donors pledging approximately $10,400,000,000 for + humanitarian relief and recovery efforts, including debt relief, + supplemented by $3,100,000,000 in private charitable contributions, + of which approximately $6,400,000,000 has been disbursed and an + additional $3,800,000,000 has been committed as of September 30, + 2013. + (7) The emergency response of the men and women of the United + States Government, led by the United States Agency for + International Development (USAID) and the United States Southern + Command, as well as of cities, towns, individuals, businesses, and + philanthropic organizations across the United States, was + particularly swift and resolute. + (8) Since 2010, a total of $1,300,000,000 in United States + assistance has been allocated for humanitarian relief and + $2,300,000,000 has been allocated for recovery, reconstruction, and + development assistance in Haiti, including $1,140,000,000 in + emergency appropriations and $95,000,000 that has been obligated + specifically to respond to the cholera epidemic. + (9) Of the $3,600,000,000 in United States assistance allocated + for Haiti, $651,000,000 was apportioned to USAID to support an + ambitious recovery plan, including the construction of a power + plant to provide electricity for the new Caracol Industrial Park + (CIP) in northern Haiti, a new port near the CIP, and permanent + housing in new settlements in the Port-au-Prince, St-Marc, and Cap- + Haitien areas. + (10) According to a recent report of the Government + Accountability Office, as of June 30, 2013, USAID had disbursed 31 + percent of its reconstruction funds in Haiti, the port project was + 2 years behind schedule and USAID funding will be insufficient to + cover a majority of the projected costs, the housing project has + been reduced by 80 percent, and the sustainability of the power + plant, the port, and the housing projects were all at risk. + (11) GAO further found that Congress has not been provided with + sufficient information to ensure that it is able to conduct + effective oversight at a time when most funding remains to be + disbursed, and specifically recommends that a periodic reporting + mechanism be instituted to fill this information gap. + (12) Donors have encountered significant challenges in + implementing recovery programs, and nearly 4 years after the + earthquake, an estimated 171,974 people remain displaced in camps, + unemployment remains high, corruption is rampant, land rights + remain elusive, allegations of wage violations are widespread, the + business climate is unfavorable, and government capacity remains + weak. + (13) For Haiti to achieve stability and long term economic + growth, donor assistance will have to be carefully coordinated with + a commitment by the Government of Haiti to transparency, a market + economy, rule of law, and democracy. + (14) The legal environment in Haiti remains a challenge to + achieving the goals supported by the international community. +SEC. 3. STATEMENT OF POLICY. + It is the policy of the United States to support the sustainable +rebuilding and development of Haiti in a manner that-- + (1) promotes efforts that are led by and support the people and + Government of Haiti at all levels so that Haitians lead the course + of reconstruction and development of Haiti; + (2) builds the long term capacity of the Government of Haiti + and civil society in Haiti; + (3) reflects the priorities and particular needs of both women + and men so they may participate equally and to their maximum + capacity; + (4) respects and helps restore Haiti's natural resources, as + well as builds community-level resilience to environmental and + weather-related impacts; + (5) provides timely and comprehensive reporting on goals and + progress, as well as transparent post program evaluations and + contracting data; + (6) prioritizes the local procurement of goods and services in + Haiti where appropriate; and + (7) promotes the holding of free, fair, and timely elections in + accordance with democratic principles and the Haitian Constitution. +SEC. 4. SENSE OF CONGRESS. + It is the sense of Congress that transparency, accountability, +democracy, and good governance are integral factors in any +congressional decision regarding United States assistance, including +assistance to Haiti. +SEC. 5. REPORT. + (a) In General.--Not later than December 31, 2014, and annually +thereafter through December 31, 2017, the Secretary of State shall +submit to Congress a report on the status of post-earthquake recovery +and development efforts in Haiti. + (b) Contents.--The report required by subsection (a) shall +include-- + (1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward + Renewal and Economic Opportunity'', including any significant + changes to the strategy over the reporting period and an + explanation thereof; + (2) a breakdown of the work that the United States Government + agencies other than USAID and the Department of State are + conducting in the Haiti recovery effort, and the cost of that + assistance; + (3) an assessment of the progress of United States efforts to + advance the objectives of the ``Post-Earthquake USG Haiti Strategy: + Toward Renewal and Economic Opportunity'' produced by the + Department of State, compared to what remains to be achieved to + meet specific goals, including-- + (A) a description of any significant changes to the + Strategy over the reporting period and an explanation thereof; + (B) an assessment of progress, or lack thereof, over the + reporting period toward meeting the goals and objectives, + benchmarks, and timeframes specified in the Strategy, + including-- + (i) a description of progress toward designing and + implementing a coordinated and sustainable housing + reconstruction strategy that addresses land ownership, + secure land tenure, water and sanitation, and the unique + concerns of vulnerable populations such as women and + children, as well as neighborhood and community + revitalization, housing finance, and capacity building for + the Government of Haiti to implement an effective housing + policy; + (ii) a description of United States Government efforts + to construct and sustain the proposed port, as well as an + assessment of the current projected timeline and cost for + completion; and + (iii) a description of United States Government efforts + to attract and leverage the investments of private sector + partners to the CIP, including by addressing any policy + impediments; + (C) a description of the quantitative and qualitative + indicators used to evaluate the progress toward meeting the + goals and objectives, benchmarks, and timeframes specified in + the Strategy at the program level; + (D) the amounts committed, obligated, and expended on + programs and activities to implement the Strategy, by sector + and by implementing partner at the prime and subprime levels + (in amounts of not less than $25,000); and + (E) a description of the risk mitigation measures put in + place to limit the exposure of United States assistance + provided under the Strategy to waste, fraud, and abuse; + (4) a description of measures taken to strengthen, and United + States Government efforts to improve, Haitian governmental and + nongovernmental organizational capacity to undertake and sustain + United States-supported recovery programs; + (5) as appropriate, a description of United States efforts to + consult and engage with Government of Haiti ministries and local + authorities on the establishment of goals and timeframes, and on + the design and implementation of new programs under the Post- + Earthquake USG Haiti Strategy: Toward Renewal and Economic + Opportunity; + (6) a description of efforts by Haiti's legislative and + executive branches to consult and engage with Haitian civil society + and grassroots organizations on the establishment of goals and + timeframes, and on the design and implementation of new donor- + financed programs, as well as efforts to coordinate with and engage + the Haitian diaspora; + (7) consistent with the Government of Haiti's ratification of + the United Nations Convention Against Corruption, a description of + efforts of the Governments of the United States and Haiti to + strengthen Government of Haiti institutions established to address + corruption, as well as related efforts to promote public + accountability, meet public outreach and disclosure obligations, + and support civil society participation in anti-corruption efforts; + (8) a description of efforts to leverage public-private + partnerships and increase the involvement of the private sector in + Haiti in recovery and development activities and coordinate + programs with the private sector and other donors; + (9) a description of efforts to address the particular needs of + vulnerable populations, including internally displaced persons, + women, children, orphans, and persons with disabilities, in the + design and implementation of new programs and infrastructure; + (10) a description of the impact that agriculture and + infrastructure programs are having on the food security, + livelihoods, and land tenure security of smallholder farmers, + particularly women; + (11) a description of mechanisms for communicating the progress + of recovery and development efforts to the people of Haiti, + including a description of efforts to provide documentation, + reporting and procurement information in Haitian Creole; + (12) a description of the steps the Government of Haiti is + taking to strengthen its capacity to receive individuals who are + removed, excluded, or deported from the United States; and + (13) an assessment of actions necessary to be taken by the + Government of Haiti to assist in fulfilling the objectives of the + Strategy. +SEC. 6. STRATEGY. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, acting through the +Assistant Secretary of State for Western Hemisphere Affairs, shall +coordinate and transmit to the Committee on Foreign Relations and the +Committee on Appropriations of the Senate and the Committee on Foreign +Affairs and the Committee on Appropriations of the House of +Representatives a three-year Haiti strategy based on rigorous +assessments that-- + (1) identifies and addresses constraints to sustainable, broad- + based economic growth and to the consolidation of responsive, + democratic government institutions; + (2) includes an action plan that outlines policy tools, + technical assistance, and anticipated resources for addressing the + highest-priority constraints to economic growth and the + consolidation of democracy, as well as a specific description of + mechanisms for monitoring and evaluating progress; and + (3) identifies specific steps and verifiable benchmarks + appropriate to provide direct bilateral assistance to the + Government of Haiti. + (b) Elements.--The strategy required under subsection (a) should +address the following elements: + (1) A plan to engage the Government of Haiti on shared + priorities to build long-term capacity, including the development + of a professional civil service, to assume increasing + responsibility for governance and budgetary sustainment of + governmental institutions. + (2) A plan to assist the Government of Haiti in holding free, + fair and timely elections in accordance with democratic principles. + (3) Specific goals for future United States support for efforts + to build the capacity of the Government of Haiti, including to- + (A) reduce corruption; + (B) consolidate the rule of law and an independent + judiciary; + (C) strengthen the civilian police force; + (D) develop sustainable housing, including ensuring + appropriate titling and land ownership rights; + (E) expand port capacity to support economic growth; + (F) attract and leverage the investments of private sector + partners, including to the Caracol Industrial Park; + (G) promote large and small scale agricultural development + in a manner that reduces food insecurity and contributes to + economic growth; + (H) improve access to potable water, expand public + sanitation services, reduce the spread of infectious diseases, + and address public health crises; + (I) restore the natural resources of Haiti, including + enhancing reforestation efforts throughout the country; and + (J) gain access to safe, secure, and affordable supplies of + energy in order to strengthen economic growth and energy + security. + (c) Consultation.--In devising the strategy required under +subsection (a), the Secretary should-- + (1) coordinate with all United States Government departments + and agencies carrying out work in Haiti; + (2) consult with the Government of Haiti, including the + National Assembly of Haiti, and representatives of private and + nongovernmental sectors in Haiti; and + (3) consult with relevant multilateral organizations, + multilateral development banks, private sector institutions, + nongovernmental organizations, and foreign governments present in + Haiti. + (d) Briefings.--The Secretary of State, at the request of the +Committee on Foreign Relations of the Senate and the Committee on +Foreign Affairs of the House of Representatives, shall provide a +quarterly briefing that reviews progress of the implementation of the +strategy required under subsection (a). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","(This measure has not been amended since it was reported to the Senate on June 26, 2014. Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints; and (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.",Assessing Progress in Haiti Act of 2014," The Assessing Progress in Haiti Act of 2014 is a U.S. law that aims to support the sustainable rebuilding and development of Haiti. It emphasizes policies that promote efforts led by the Haitian government and people, build long-term capacity for the government and civil society, address gender equality, respect natural resources, and ensure transparency and accountability. The law requires annual reports from the U.S. Secretary of State on post-earthquake recovery efforts in Haiti, with specific focus on the progress of U.S. efforts to advance objectives outlined in the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity. Additionally, it mandates the development of a three-year Haiti strategy by the Secretary of State that addresses constraints to sustainable economic growth and democratic government institutions, with an action plan outlining policy tools, technical assistance, and anticipated resources for addressing these constraints." +"SECTION 1. SHORT TITLE AND REFERENCES. + + (a) Short Title.--That this Act may be cited as the ``Community +Services Block Grant Amendments of 1994''. + (b) References.--Except as otherwise expressly provided, whenever +in this Act an amendment or repeal is expressed in terms of an +amendment to, or repeal of, a section or other provision, the reference +shall be considered to be made to a section or other provision of the +Community Services Block Grant Act (42 U.S.C. 9901 et seq.). + +SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM. + + (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is +amended to read as follows: + + ``community initiative program + + ``Sec. 681. (a) Grants.-- + ``(1) Authority.-- + ``(A) In general.--The Secretary is authorized to + make grants to local, private, nonprofit community + development corporations, or to enter into contracts or + cooperative agreements with such community development + corporations, to plan for and carry out economic + development activities in economically distressed + communities. + ``(B) Economic development activities.--Economic + development activities under this section shall be + designed to address the economic needs of low-income + individuals and families by creating employment and + business development opportunities and by providing + support services that are designed to enhance the + ability of low-income individuals and families to + successfully avail themselves of such opportunities. In + addition to any other activities consistent with the + purposes of this section, such activities may include + the development of facilities through means such as the + establishment of partnerships with Head Start agencies, + agencies or organizations providing child care or + otherwise engaged in the field of child care or child + development, and agencies or organizations serving + children, youth and families. + ``(2) Consultation.--The Secretary shall exercise the + authority provided under paragraph (1) in consultation with + other relevant Federal officials. + ``(b) Governing Boards.--Each community development corporation +receiving funds under this section shall be governed by a board that +shall consist of residents of the community and business and civic +leaders. + ``(c) Annual Statement.--The Secretary shall annually publish a +statement of the types of projects or activities for which funding +under this section will be a priority, such as projects or activities +designed to strengthen or enhance activities funded by other Federal +programs. + ``(d) Geographic Distribution.--In providing assistance or entering +into other arrangements under this section, the Secretary shall take +into consideration the geographic distribution of funds among States +and the relative proportion of funding among rural and urban areas. + ``(e) Reservation.--Of the amounts made available to carry out this +section, the Secretary may reserve not to exceed 1 percent for each +fiscal year to make grants to private nonprofit organizations or to +enter into contracts with private nonprofit or for profit organizations +to provide technical assistance to aid community development +corporations in developing or implementing projects funded under this +section and to evaluate projects funded under this section.''. + (b) Repeal.--Section 505 of the Family Support Act of 1988 (42 +U.S.C. 1315 note) is repealed. + (c) Conforming Amendments.-- + (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) + is amended-- + (A) in paragraph (1), by striking ``which remains + after'' and all that follows through ``allot to each + State;'' and inserting ``which remains after the + Secretary makes the apportionment required in + subsection (b)(1), allot to each State''; and + (B) in paragraph (2)(A), by striking ``which + remains after'' and all that follows through + ``exceeds'' and inserting ``which remains after the + Secretary makes the apportionment required in + subsection (b)(1), exceeds''. + (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is + amended by striking ``section 681(d)'' and inserting ``section + 672(b)''. + (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is + amended by striking ``section 681(c)'' and inserting ``section + 681''. + +SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. + + (a) Authorization of Appropriations.--Subsection (b) of section 672 +(42 U.S.C. 9901(b)) is amended to read as follows: + ``(b) There are authorized to be appropriated $434,622,000 for +fiscal year 1995, and such sums as may be necessary for each of fiscal +years 1996 through 1998, to carry out the provisions of this +subtitle.''. + (b) Repeals.-- + (1) Community food and nutrition.--Section 681A (42 U.S.C. + 9910a) is repealed. + (2) Demonstration partnership agreements.--Section 408 of + the Human Services Reauthorization Act of 1986 (42 U.S.C. + 9910b) is repealed. + +SEC. 4. ALLOTMENTS. + + (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in +the section heading to read as follows: + + ``allotments''. + + (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended-- + (1) by redesignating subsections (a), (b), and (c) as + subsections (e), (f), and (g), respectively; and + (2) by inserting before subsection (e) (as so + redesignated), the following new subsections: + ``(a) With respect to amounts appropriated under section 672(b), +the Secretary shall make allotments in accordance with subsections (b) +through (g). + ``(b) Of the amounts appropriated pursuant to section 672(b) for +fiscal year 1995 and each of the following 4 fiscal years, the +Secretary shall reserve $35,000,000 for each such fiscal year for +carrying out section 681. + ``(c) Of the amounts appropriated pursuant to section 672(b), the +Secretary may reserve not to exceed one-half of 1 percent of the amount +remaining after the application of subsection (b) for each of the +fiscal years 1995 and 1996, and up to 1 percent of such amount for +fiscal year 1997 and each fiscal year thereafter, for training, +technical assistance, planning, and evaluation activities related to +programs or projects carried out under this Act. Such activities may be +carried out by the Secretary directly or through grants, contracts, or +cooperative agreements. + ``(d) Of the amounts appropriated pursuant to section 672(b), the +Secretary may reserve not to exceed 2\1/2\ percent of the amount +remaining after the application of subsection (b) for fiscal year 1995, +up to 4 percent of such amount for fiscal year 1996, up to 5 percent of +such amount for fiscal year 1997, and up to 6 percent of such amount +for fiscal year 1998, for grants, contracts, or cooperative agreements +to address needs or problems of the poor which are identified by the +Secretary as priorities in the effort to alleviate the causes of +poverty.''. + +SEC. 5. APPLICATIONS AND REQUIREMENTS. + + (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. +9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and'' +before ``the elderly poor''. + (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C. +9904(c)(2)(B)) is amended to read as follows: + ``(B) if less than 100 percent of the allotment is expended + under subparagraph (A), provide assurances that with respect to + the remainder of the allotment a reasonable amount shall be + used for-- + ``(i) monitoring the activities of eligible + entities and providing training and technical + assistance to those entities in need of such + assistance; + ``(ii) coordinating State-operated programs and + services targeted to low-income children and families + with services provided by eligible entities funded + under this Act; and + ``(iii) considering the distribution of funds under + this Act within the State to determine if such funds + have been targeted to the areas of highest need and, + thereafter, not more than the greater of $55,000 or 5 + percent of its allotment under section 674 for + administrative expenses at the State level;''. + (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is +amended-- + (1) by redesignating subparagraphs (A), (B), and (C) as + clauses (i), (ii), and (iii), respectively; + (2) by striking the comma after ``provide assurances that'' + and inserting ``(A)''; and + (3) by inserting before the semicolon at the end thereof + ``, and (B) in the case of a public organization receiving + funds under this subtitle, such organization either establish-- + ``(i) a board of which at least one-third of the + members are persons chosen in accordance with + democratic selection procedures adequate to assure that + they are representative of the poor in the area served; + or + ``(ii) another mechanism specified by the State to + assure citizen participation in the planning, + administration, and evaluation of projects for which + such organization has been funded;''. + (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C. +9904(c)) is amended-- + (1) in paragraph (11)(B) by striking ``and'' at the end + thereof; + (2) in paragraph (12) by striking the period and inserting + ``; and''; and + (3) by inserting after paragraph (12) the following new + paragraph: + ``(13) secure from each eligible entity as a condition to + its receipt of funding under this Act a community action plan + (which shall be available to the Secretary for inspection) that + includes-- + ``(A) a community needs assessment (including food + needs); + ``(B) a description of the service delivery system + targeted to low-income individuals and families in the + service area; + ``(C) a description of how linkages will be + developed to fill identified gaps in services through + information, referral, case management, and followup + consultations; + ``(D) a description of how funding under this Act + will be coordinated with other public and private + resources; and + ``(E) a description of outcome measures to be used + to monitor success in promoting self-sufficiency, + family stability, and community revitalization.''. + +SEC. 6. EFFECTIVE DATE. + + The amendments made by this Act shall become effective with respect +to fiscal years beginning on or after October 1, 1994.","Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. +Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program.",Community Services Block Grant Amendments of 1994," The Community Services Block Grant Amendments of 1994 establishes a Community Initiative Program to authorize grants or contracts with local, private, nonprofit community development corporations for economic development activities in economically distressed communities. The program aims to address the economic needs of low-income individuals and families by creating employment and business development opportunities and providing support services to enhance their ability to avail these opportunities. The governing boards of community development corporations receiving funds under this section shall consist of residents of the community and business and civic leaders. The Secretary is authorized to reserve up to 1% of funds for each fiscal year to make grants to private nonprofit organizations or enter into contracts with private nonprofit or for-profit organizations to provide technical assistance to aid community development corporations in developing or implementing projects funded under this section and to evaluate projects funded under this section." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicare Telemedicine and Medical +Informatics Demonstration Act of 1996''. + +SEC. 2. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT. + + (a) Purpose and Authorization.-- + (1) In general.--Under section 1142 of the Social Security + Act and consistent with this section, the Secretary of Health + and Human Services, through the Agency for Health Care Policy + and Research, shall make a grant to an eligible grantee to + provide for a project to demonstrate the application of high- + capacity computing and advanced networks to the provision of + health care to both residents of medically underserved rural + areas and residents of medically underserved inner-city areas. + (2) Focus.--The project shall focus on-- + (A) improvements in primary care (and prevention of + complications) for those residents with diabetes + (mellitus), and + (B) those residents who are Medicare beneficiaries. + (3) Duration of project.--The project shall be conducted + over a 4-year period. + (4) Authorization of appropriations; medicare and medicaid + waiver authority.--The total amount of Federal expenditures + that may be provided pursuant to this section under the project + shall not exceed $30,000,000. Subject to such limitation, the + Secretary may waive such provisions of title XVIII and XIX of + the Social Security Act as may be appropriate in order to + permit and demonstrate the provision of Medicare and Medicaid + funding under the project. + (b) Objectives of Project.--The objectives of the project include +the following: + (1) Improving patient access to and compliance with + appropriate care guidelines for chronic diseases through direct + telecommunications link with information networks in order to + improve patient quality-of-life and reduce overall health care + costs. + (2) Developing a curriculum to train, and providing + standards for credentialing and licensure of, health + professionals (particularly primary care health professionals) + in the use of medical informatics and telecommunciations. + (3) Demonstrating the application of advanced technologies, + such as video-conferencing from a patient's home, remote + monitoring of a patient's medical condition, interventional + informatics, and applying individualized, automated care + guidelines, to assist primary care providers in assisting + patients with chronic illnesses in a home setting. + (4) Application of medical informatics to residents with + limited English language skills. + (5) Developing standards in the application of telemedicine + and medical informatics. + (6) Developing a model for the cost-effective delivery of + primary and related care both in a managed care environment and + in a fee-for-service environment. + (c) Eligible Grantee.--For purposes of this section, the term +``eligible grantee'' means a consortium that includes at least one +tertiary care hospital, at least one medical school, and at least one +regional telecommunications provider and that meets the following +requirements: + (1) The consortium is located in an area with a high + concentration of medical schools and tertiary care facilities + and has appropriate arrangements (within or outside the + consortium) with such schools and facilities, universities, and + telecommunications providers, in order to conduct the project. + (2) The consortium submits to the Secretary an application + at such time, in such manner, and containing such information + as the Secretary may require, including a description of the + use to which the consortium would apply any amounts received + under the project and the source and amount of non-Federal + contribution towards the project. + (3) The consortium demonstrates that it will provide for a + contribution toward the project from non-Federal funds or + resources in an amount that is not less than 50 percent of the + total amount to be expended in carrying out the project. + (d) Use of Funds.-- + (1) In general.--Federal payments made available to an + eligible grantee under this section shall be used for the + development and operation of telemedicine and medical + informatics systems and related activities under the project. + (2) Specific uses permitted.--Such payments may be used for + any of the following: + (A) The acquisition of telemedicine equipment for + use in patients' homes (but only in the case of + patients located in medically underserved areas). + (B) Curriculum development and training of health + professionals in medical informatics and telemedicine. + (C) Payment of telecommunications costs (including + salaries and maintenance of equipment), including costs + of telecommunications between patients' homes and the + eligible grantee and between the grantee and other + entities under the arrangements described in subsection + (c)(1). + (D) Payments to practitioners and providers under + the Medicare and Medicaid programs. + (3) Prohibited uses.--Such payments may not be used for any + of the following: + (A) The purchase or installation of transmission + equipment (other than such equipment used by health + professionals to deliver medical informatics services + under the project). + (B) The establishment or operation of a + telecommunications common carrier network. + (C) Construction (except for minor renovations + related to the installation of reimbursable equipment) + or the acquisition or building of real property. + (e) Reports.--The Secretary shall submit to the Committees on Ways +and Means and Commerce of the House of Representatives and the +Committees on Finance and Labor and Human Resources of the Senate +interim reports on the project and a final report on the project within +6 months after the conclusion of the project. The final report shall +include an evaluation of the impact of the use of telemedicine and +medical informatics on improving access of medicare and medicaid +beneficiaries to health care services, on reducing the costs of such +services, and on improving the quality of life of such beneficiaries. + (f) Definitions.--For purposes of this section: + (1) Interventional informatics.--The term ``interventional + informatics'' means using information technology and virtual + reality technology to intervene in patient care. + (2) Medical informatics.--The term ``medical informatics'' + means the storage, retrieval, and use of biomedical and related + information for problem solving and decision-making through + computing and communications technologies. + (3) Project.--The term ``project'' means the demonstration + project under this section. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services.","Medicare Telemedicine and Medical Informatics Demonstration Act of 1996 - Directs the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, to make a grant to a consortium meeting specified criteria to provide for a project for the development and operation of telemedicine and medical informatics systems to demonstrate the application of high-capacity computing and advanced networks to the provision of health care to residents of medically underserved rural and inner-city areas. Requires the project to focus on Medicare beneficiaries and on improvements in primary care (and prevention of complications) for residents with diabetes (mellitus). Lists project objectives, which include improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. Authorizes appropriations.",Medicare Telemedicine and Medical Informatics Demonstration Act of 1996," The Medicare Telemedicine and Medical Informatics Demonstration Act of 1996 aims to improve healthcare access for residents of medically underserved rural and inner-city areas, focusing on primary care for those with diabetes and Medicare beneficiaries. The project will last four years and has a budget of $30 million. The objectives include improving patient access to care guidelines, developing a curriculum for health professionals, demonstrating advanced technology applications, applying medical informatics to non-English speakers, developing telemedicine standards, and creating models for cost-effective care delivery. Eligible grantees must be consortiums including at least one tertiary care hospital, one medical school, and one regional telecommunications provider. Funds can be used for telemedicine equipment, curriculum development, training, telecommunications costs, and payments to practitioners and providers under Medicare and Medicaid programs." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Stem Cell Research Enhancement Act +of 2008''. + +SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. + + Part H of title IV of the Public Health Service Act (42 U.S.C. 289 +et seq.) is amended by inserting after section 498C the following: + +``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. + + ``(a) In General.--Notwithstanding any other provision of law +(including any regulation or guidance), the Secretary shall conduct and +support research that utilizes human embryonic stem cells (regardless +of the date on which the stem cells were derived from a human embryo). + ``(b) Ethical Requirements.--Human embryonic stem cells shall be +eligible for use in any research conducted or supported by the +Secretary if the cells meet each of the following: + ``(1) The stem cells were derived from human embryos that + have been donated from in vitro fertilization clinics, were + created for the purposes of fertility treatment, and were in + excess of the clinical need of the individuals seeking such + treatment. + ``(2) Prior to the consideration of embryo donation and + through consultation with the individuals seeking fertility + treatment, it was determined that the embryos would never be + implanted in a woman and would otherwise be discarded. + ``(3) The individuals seeking fertility treatment donated + the embryos with written informed consent and without receiving + any financial or other inducements to make the donation.''. + +SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. + + Part H of title IV of the Public Health Service Act (42 U.S.C. 289 +et seq.) is further amended by inserting after section 498D, as +inserted by this Act, the following: + +``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. + + ``(a) In General.--Not later than 90 days after the date of the +enactment of this section, the Director of NIH-- + ``(1) shall issue guidelines on research involving human + embryonic stem cells; and + ``(2) may issue guidelines on research involving other + human stem cells, as determined to be scientifically warranted + by the Director of NIH. + ``(b) Updates.-- + ``(1) In general.--Subject to paragraph (2), the Director + of NIH shall review and, as appropriate, update the guidelines + issued under paragraphs (1) and (2) of subsection (a) when the + Director determines that such updates are scientifically + warranted. The Director of NIH may determine the extent to + which such an update applies to ongoing National Institutes of + Health conducted- or supported-research. + ``(2) Frequency of updates.--The first update required + under paragraph (1), with respect to guidelines issued under + paragraph (1) or (2) of subsection (a), shall be made not later + than the last day of the three-year period beginning on the + date such respective guidelines are issued and each subsequent + update to such respective guidelines shall be made not later + than the last day of each subsequent three-year period. + ``(c) Consideration of Other Guidelines.--In developing and +updating the guidelines under this section, the Director of NIH shall, +as appropriate, take into consideration guidelines on human stem cell +research developed by nationally- and internationally-recognized +scientific organizations. + ``(d) Application of Guidelines to Research.-- + ``(1) In general.--Subject to paragraph (2), research that + is first conducted or supported by the National Institutes of + Health on or after the effective date of the applicable + guidelines under subsection (a) shall comply with such + guidelines. + ``(2) Exception for cells derived before the effective date + of the guidelines.--The Director of NIH shall determine the + extent to which the guidelines under this section shall apply + to research described in paragraph (1) that uses human stem + cells derived before the effective date of such guidelines. + ``(e) Public Disclosure.--The Director of NIH shall publish the +guidelines issued and updated under this section on the public website +of the National Institutes of Health.''. + +SEC. 4. REPORTING REQUIREMENTS. + + Section 403(a)(5) of the Public Health Service Act (42 U.S.C. +283(a)(5)) is amended-- + (1) by redesignating subparagraph (L) as (M); and + (2) by inserting the following: + ``(L) Human stem cells.''. + +SEC. 5. SENSE OF CONGRESS. + + It is the sense of the Congress that-- + (1) in developing, updating, and implementing the + guidelines under section 498E of the Public Health Service Act, + as added by section 3, the Director of the National Institutes + of Health should consult with the Commissioner of Food and + Drugs; + (2) any research using human stem cells, irrespective of + whether such research is federally funded, should comply with + the guidelines under section 498E; and + (3) the Commissioner of Food and Drugs should keep the + Director of the National Institutes of Health informed of the + types of human stem cell and related research that would + facilitate the evaluation of the safety or effectiveness of + drugs, devices, and biological products.","Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements. + +Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations. + +Requires NIH research to comply with guidelines under this Act. + +Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines; and (2) include in its biennial report to Congress a summary of research activities on human stem cells.","To amend the Public Health Service Act to provide for human embryonic stem cell research, to direct the National Institutes of Health to issue guidelines for such stem cell research, and for other purposes."," The Stem Cell Research Enhancement Act of 2008 aims to enhance human embryonic stem cell research by amending the Public Health Service Act. It requires the Secretary to conduct and support research using human embryonic stem cells derived from donated embryos from in vitro fertilization clinics. The Act also mandates the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells within 90 days of enactment and to update them as scientifically warranted. The guidelines shall apply to research conducted or supported by NIH on or after the effective date of the guidelines. The Act expresses the sense of Congress that the Director of NIH should consult with the Commissioner of Food and Drugs when developing, updating, and implementing guidelines under this Act, and that any research using human stem cells should comply with these guidelines, regardless of whether it is federally funded." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Enhancing Educational Opportunities +for all Students Act''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents for this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of contents. + TITLE I--TITLE I OF THE ESEA PORTABILITY + +Sec. 101. Title I portability. + TITLE II--ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION + EXPENSES + +Sec. 201. Allowance of home school expenses as qualified education + expenses for purposes of a Coverdell + Education Savings Account. +Sec. 202. Elimination of Coverdell Education Savings Account + contribution limitation. +TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES + +Sec. 301. 529 programs for elementary and secondary education expenses. + + TITLE I--TITLE I OF THE ESEA PORTABILITY + +SEC. 101. TITLE I PORTABILITY. + + Part A of title I of the Elementary and Secondary Education Act of +1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the +following: + +``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION. + + ``(a) In General.--Notwithstanding any other provision of law and +to the extent permitted under State law, a State educational agency may +allocate grant funds under this part among the local educational +agencies in the State based on the number of eligible children enrolled +in the public schools served by each local educational agency and the +State-accredited private schools within each local educational agency's +geographic jurisdiction. + ``(b) Eligible Child.-- + ``(1) Definition.--In this section, the term `eligible + child' means a child aged 5 to 17, inclusive, from a family + with an income below the poverty level on the basis of the most + recent satisfactory data published by the Department of + Commerce. + ``(2) Criteria of poverty.--In determining the families + with incomes below the poverty level for the purposes of this + section, a State educational agency shall use the criteria of + poverty used by the Census Bureau in compiling the most recent + decennial census, as the criteria have been updated by + increases in the Consumer Price Index for All Urban Consumers, + published by the Bureau of Labor Statistics. + ``(c) Student Enrollment in Public and Private Schools.-- + ``(1) Identification of eligible children.--On an annual + basis, on a date to be determined by the State educational + agency, each local educational agency that receives grant + funding in accordance with subsection (a) shall inform the + State educational agency of the number of eligible children + enrolled in public schools served by the local educational + agency and the State-accredited private schools within the + local educational agency's geographic jurisdiction. + ``(2) Allocation to local educational agencies.--Based on + the identification of eligible children in paragraph (1), the + State educational agency shall provide to a local educational + agency an amount equal to the sum of the amount available for + each eligible child in the State multiplied by the number of + eligible children identified by the local educational agency + under paragraph (1). + ``(3) Distribution to schools.--Each local educational + agency that receives funds under paragraph (2) shall distribute + such funds to the public schools served by the local + educational agency and State-accredited private schools within + the local educational agency's geographic jurisdiction-- + ``(A) based on the number of eligible children + enrolled in such schools; and + ``(B) in a manner that would, in the absence of + such Federal funds, supplement the funds made available + from non-Federal resources for the education of pupils + participating in programs under this subpart, and not + to supplant such funds.''. + +TITLE II--FURTHER CLARIFICATION OF COVERDELL EDUCATION SAVINGS ACCOUNTS + +SEC. 201. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION + EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS + ACCOUNT. + + (a) In General.--Paragraph (3) of section 530(b) of the Internal +Revenue Code of 1986 is amended by adding at the end the following new +subparagraph: + ``(C) Private school.--For purposes of this + section, the term `private school' includes any home + school that meets the requirements of State law + applicable to such home schools, whether or not such + school is deemed a private school for purposes of State + law.''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2013. + +SEC. 202. ELIMINATION OF COVERDELL EDUCATION SAVINGS ACCOUNT + CONTRIBUTION LIMITATION. + + (a) In General.--Subparagraph (A) of section 530(b)(1) of the +Internal Revenue Code of 1986 is amended by inserting ``or'' at the end +of clause (i), by striking ``or'' at the end of clause (ii) and +inserting a period, and by striking clause (iii). + (b) Prohibition on Excess Contributions.--Subsection (b) of section +530 of such Code is amended by adding at the end the following new +paragraph: + ``(5) Prohibition on excess contributions.--A program shall + not be treated as a Coverdell education savings account unless + it provides adequate safeguards to prevent contributions on + behalf of a designated beneficiary in excess of those necessary + to provide for the qualified education expenses of the + beneficiary.''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2013. + +TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES + +SEC. 301. 529 PROGRAMS FOR PRE-KINDERGARTEN, ELEMENTARY, AND SECONDARY + EDUCATION EXPENSES. + + (a) In General.--Paragraph (3) of section 529(e) of the Internal +Revenue Code of 1986 is amended-- + (1) by redesignating subparagraph (B) as subparagraph (C); + (2) by striking ``Qualified higher education expenses'' and + all that follows through ``The term `qualified higher education + expenses' means--'' and inserting the following: ``Qualified + education expenses.-- + ``(A) In general.--The term `qualified education + expenses' means-- + ``(i) qualified higher education expenses, + and + ``(ii) qualified pre-kindergarten, + elementary, and secondary education expenses. + ``(B) Qualified higher education expenses.--The + term `qualified higher education expenses' means''; and + (3) by adding at the end the following new subparagraphs: + ``(D) Qualified pre-kindergarten, elementary, and + secondary education expenses.--The term `qualified pre- + kindergarten, elementary, and secondary education + expenses' means-- + ``(i) expenses for tuition, fees, academic + tutoring, special needs services in the case of + a special needs beneficiary, books, supplies, + and other equipment which are incurred in + connection with the enrollment or attendance of + the designated beneficiary of the trust as a + pre-kindergarten, elementary, or secondary + school student at a public, private, or + religious school, + ``(ii) expenses for room and board, + uniforms, transportation, and supplementary + items and services (including extended day + programs) which are required or provided by a + public, private, or religious school in + connection with such enrollment or attendance, + and + ``(iii) expenses for the purchase of any + computer technology or equipment (as defined in + section 170(e)(6)(F)(i)) or Internet access and + related services, if such technology, + equipment, or services are to be used by the + beneficiary and the beneficiary's family during + any of the years the beneficiary is in school. + Clause (iii) shall not include expenses for computer + software designed for sports, games, or hobbies unless + the software is predominantly educational in nature. + ``(E) School.--The term `school' means any school + which provides pre-kindergarten, elementary, or + secondary education (pre-kindergarten through grade + 12), as determined under State law. Such a school shall + be treated as an eligible educational institution for + purposes of subsection (b).''. + (b) Conforming Amendments.--Section 529 of such Code is amended by +striking ``qualified higher education'' each place it appears in +subsections (b) and (c) and inserting ``qualified education''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2014.","Enhancing Educational Opportunities for all Students Act - Amends the Elementary and Secondary Education Act of 1965 to allow a state educational agency to allocate grant funds among local educational agencies based on the number of eligible children (children age 5 to 17 from a family with an income below the poverty level) enrolled in the public schools and the state-accredited private schools within each local agency's geographic jurisdiction. Amends the Internal Revenue Code to: (1) allow payment of home school expenses from Coverdell education savings accounts; (2) remove the dollar limitation on contributions to Coverdell education savings accounts and require such accounts to provide adequate safeguards to prevent contributions from exceeding the amount necessary to provide for the qualified education expenses of the account beneficiary; and (3) allow tax-exempt qualified tuition programs (529 tuition programs) to pay qualified pre-kindergarten, elementary, and secondary education expenses.",Enhancing Educational Opportunities for all Students Act," The Enhancing Educational Opportunities for All Students Act aims to improve educational opportunities for students by amending various sections of the Elementary and Secondary Education Act of 1965 and the Internal Revenue Code of 1986. Key provisions include: + +1. Title I Portability: Allows states to allocate grant funds among local educational agencies based on the number of eligible children enrolled in public schools and state-accredited private schools within their jurisdiction. Eligible children are defined as those aged 5 to 17 from families with incomes below the poverty level. + +2. Coverdell Education Savings Accounts (ESAs): Amends the Internal Revenue Code to include home school expenses as qualified education expenses for ESAs. Eliminates the contribution limitation for ESAs to prevent excess contributions on behalf of beneficiaries. + +3. 529 Programs for Elementary and Secondary Education Expenses: Amends the Internal Revenue Code to include qualified pre-kindergarten, elementary, and secondary education expenses as qualified education expenses for 529 programs. These expenses include tuition, fees, academic tutoring, special needs services, books, supplies, equipment, room and board, uniforms, transportation, supplementary items and services, computer technology or equipment, and Internet access." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Forest Good Neighbor Act of +2017''. + +SEC. 2. GOOD NEIGHBOR AUTHORITY. + + (a) In General.--The Cooperative Forestry Assistance Act of 1978 is +amended-- + (1) by redesignating section 19 (16 U.S.C. 2113) as section + 18; and + (2) by inserting after section 18 (as so redesignated) the + following: + +``SEC. 19. GOOD NEIGHBOR AUTHORITY. + + ``(a) Definitions.--In this section: + ``(1) Authorized restoration services.--The term + `authorized restoration services' means similar and + complementary forest, rangeland, and watershed restoration + services carried out-- + ``(A) on National Forest System land, except-- + ``(i) a component of the National + Wilderness Preservation System; + ``(ii) Federal land on which the removal of + vegetation is prohibited or restricted by a law + of Congress or a Presidential proclamation + (including the applicable implementation plan); + or + ``(iii) a wilderness study area; and + ``(B) by the Secretary or a Governor pursuant to a + good neighbor agreement. + ``(2) Forest, rangeland, and watershed restoration + services.-- + ``(A) In general.--The term `forest, rangeland, and + watershed restoration services' means-- + ``(i) an activity to treat insect- or + disease-infected trees; + ``(ii) an activity to reduce hazardous + fuels; and + ``(iii) any other activity to restore or + improve forest, rangeland, and watershed + health, including fish and wildlife habitat. + ``(B) Exclusions.--The term `forest, rangeland, and + watershed restoration services' does not include-- + ``(i) the construction, reconstruction, + repair, or restoration of a paved or permanent + road or parking area; or + ``(ii) the construction, alteration, + repair, or replacement of a public building or + work. + ``(3) Good neighbor agreement.--The term `good neighbor + agreement' means a cooperative agreement or contract (including + a sole source contract) entered into between the Secretary and + a Governor to carry out authorized restoration services under + this section. + ``(4) Governor.--The term `Governor' means the Governor or + any other appropriate executive official of a State. + ``(5) Road.--The term `road' has the meaning given the term + in section 212.1 of title 36, Code of Federal Regulations (as + in effect on the date of enactment of the National Forest Good + Neighbor Act of 2017). + ``(6) State.--The term `State' means-- + ``(A) a State; and + ``(B) the Commonwealth of Puerto Rico. + ``(b) Good Neighbor Agreements.-- + ``(1) Authority.-- + ``(A) In general.--The Secretary may enter into a + good neighbor agreement with a Governor to carry out + authorized restoration services in accordance with this + section. + ``(B) Public availability.--The Secretary shall + make each good neighbor agreement available to the + public. + ``(2) Timber sales.-- + ``(A) In general.--Subsections (d) and (g) of + section 14 of the National Forest Management Act of + 1976 (16 U.S.C. 472a) shall not apply to authorized + restoration services. + ``(B) Approval of silviculture prescriptions and + marking guides.--The Secretary shall provide or approve + all silviculture prescriptions and marking guides to be + applied on National Forest System land described in + subsection (a)(1)(A) in any timber sale project + conducted under this section. + ``(3) Retention of responsibilities.--Any decision required + to be made by the Secretary under the National Environmental + Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any + authorized restoration services shall not be delegated to a + Governor.''. + (b) Conforming Amendments.-- + (1) Section 2A(c)(1) of the Cooperative Forestry Assistance + Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking + ``section 19(b)'' and inserting ``section 18(b)''. + (2) Section 7(e) of the Cooperative Forestry Assistance Act + of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence + by striking ``section 19(b)'' and inserting ``section 18(b)''. + (3) Section 13A(b) of the Cooperative Forestry Assistance + Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking + ``section 19(a)'' and inserting ``section 18(a)''.","National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state. ",National Forest Good Neighbor Act of 2017," The National Forest Good Neighbor Act of 2017 amends the Cooperative Forestry Assistance Act of 1978 to establish ""good neighbor authority"" for authorized restoration services on National Forest System land. This authority allows the Secretary to enter into agreements with Governors to carry out these services, which include activities to treat insect- or disease-infected trees, reduce hazardous fuels, and restore or improve forest, rangeland, and watershed health. The Secretary must make each good neighbor agreement available to the public and provide or approve silviculture prescriptions and marking guides for any timber sale project conducted under this section." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Dairy Farmer Viability Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) the farm-retail price spread (the difference between + farm and retail values) for dairy products has doubled since + the early 1980's; + (2) the price of raw milk sent to the market by dairy + producers has fallen to levels received in 1978; and + (3) the number of family-sized dairy operations has + decreased by almost 75 percent in the last 2 decades, with some + States losing nearly 10 percent of their dairy farmers in + recent months. + +SEC. 3. ESTABLISHMENT OF COMMISSION. + + (a) Establishment.--There is established a commission to be known +as the ``Dairy Farmer Viability Commission'' (referred to in this Act +as the ``Commission''). + (b) Membership.-- + (1) Composition.--The Commission shall be composed of 15 + members appointed by the Secretary. + (2) Prohibition on federal government employment.--A member + of the Commission appointed under paragraph (1) shall not be an + employee or former employee of the Federal Government. + (3) Date of appointments.--The appointment of a member of + the Commission shall be made as soon as practicable after the + date of enactment of this Act. + (c) Term; Vacancies.-- + (1) Term.--A member shall be appointed for the life of the + Commission. + (2) Vacancies.--A vacancy on the Commission-- + (A) shall not affect the powers of the Commission; + and + (B) shall be filled in the same manner as the + original appointment was made. + (d) Initial Meeting.--Not later than 30 days after the date on +which all members of the Commission have been appointed, the Commission +shall hold the initial meeting of the Commission. + (e) Meetings.--The Commission shall meet at the call of the +Chairperson. + (f) Quorum.--A majority of the members of the Commission shall +constitute a quorum, but a lesser number of members may hold hearings. + (g) Chairperson and Vice Chairperson.--The Commission shall select +a Chairperson and Vice Chairperson from among the members of the +Commission. + +SEC. 4. DUTIES. + + (a) Study.--The Commission shall conduct a study on matters +relating to improving the viability of dairy farming. + (b) Recommendations.--The Commission shall develop recommendations +to improve the viability of dairy farming after considering, with +respect to dairy industry-- + (1) farm prices; + (2) competition; + (3) leverage; + (4) stability; and + (5) concentration in the marketplace. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Commission shall submit to the President and Congress a +report that contains-- + (1) a detailed statement of the findings and conclusions of + the Commission; and + (2) the recommendations of the Commission for such + legislation and administrative actions as the Commission + considers appropriate. + +SEC. 5. POWERS. + + (a) Hearings.--The Commission may hold such hearings, sit and act +at such times and places, take such testimony, and receive such +evidence as the Commission considers advisable to carry out this Act. + (b) Information From Federal Agencies.-- + (1) In general.--The Commission may secure directly from a + Federal agency such information as the Commission considers +necessary to carry out this Act. + (2) Provision of information.--On request of the + Chairperson of the Commission, the head of the agency shall + provide the information to the Commission. + (c) Postal Services.--The Commission may use the United States +mails in the same manner and under the same conditions as other +agencies of the Federal Government. + (d) Gifts.--The Commission may accept, use, and dispose of gifts or +donations of services or property. + +SEC. 6. COMMISSION PERSONNEL MATTERS. + + (a) Compensation of Members.--A member of the Commission shall be +compensated at a rate equal to the daily equivalent of the annual rate +of basic pay prescribed for level IV of the Executive Schedule under +section 5315 of title 5, United States Code, for each day (including +travel time) during which the member is engaged in the performance of +the duties of the Commission. + (b) Travel Expenses.--A member of the Commission shall be allowed +travel expenses, including per diem in lieu of subsistence, at rates +authorized for an employee of an agency under subchapter I of chapter +57 of title 5, United States Code, while away from the home or regular +place of business of the member in the performance of the duties of the +Commission. + (c) Staff.-- + (1) In general.--The Chairperson of the Commission may, + without regard to the civil service laws (including + regulations), appoint and terminate an executive director and + such other additional personnel as are necessary to enable the + Commission to perform the duties of the Commission. + (2) Confirmation of executive director.--The employment of + an executive director shall be subject to confirmation by the + Commission. + (3) Compensation.-- + (A) In general.--Except as provided in subparagraph + (B), the Chairperson of the Commission may fix the + compensation of the executive director and other + personnel without regard to the provisions of chapter + 51 and subchapter III of chapter 53 of title 5, United + States Code, relating to classification of positions + and General Schedule pay rates. + (B) Maximum rate of pay.--The rate of pay for the + executive director and other personnel shall not exceed + the rate payable for level V of the Executive Schedule + under section 5316 of title 5, United States Code. + (d) Detail of Federal Government Employees.-- + (1) In general.--An employee of the Federal Government may + be detailed to the Commission without reimbursement. + (2) Civil service status.--The detail of the employee shall + be without interruption or loss of civil service status or + privilege. + (e) Procurement of Temporary and Intermittent Services.--The +Chairperson of the Commission may procure temporary and intermittent +services in accordance with section 3109(b) of title 5, United States +Code, at rates for individuals that do not exceed the daily equivalent +of the annual rate of basic pay prescribed for level V of the Executive +Schedule under section 5316 of that title. + +SEC. 7. FUNDING. + + The Secretary of Agriculture shall provide to the Commission for +each fiscal year such sums as are necessary to carry out this Act, to +be derived by transfer of a proportionate amount of funds for +administrative expenses from each other account for which funds are +made available to the Department of Agriculture for administrative +expenses for the fiscal year. + +SEC. 8. TERMINATION OF COMMISSION. + + The Commission shall terminate 90 days after the date on which the +Commission submits the report of the Commission under section 4(c).",Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming.,A bill to establish the Dairy Farmer Viability Commission.," The Dairy Farmer Viability Act establishes the Dairy Farmer Viability Commission to study and make recommendations on improving the viability of dairy farming. The Commission will consider factors such as farm prices, competition, leverage, stability, and market concentration. The Commission will submit a report to the President and Congress within one year, detailing its findings and recommendations for appropriate legislation and administrative actions. The Commission will be funded by the Secretary of Agriculture through transfers from other Department of Agriculture accounts for administrative expenses." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hunt Unrestricted on National +Treasures Act'' or the ``HUNT Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Federal public land management agency.--The term + ``Federal public land management agency'' means any of the + National Park Service, the United States Fish and Wildlife + Service, the Forest Service, and the Bureau of Land Management. + (2) Travel management plan.--The term ``travel management + plan'' means a plan for the management of travel-- + (A) with respect to land under the jurisdiction of + the National Park Service, on park roads and designated + routes under section 4.10 of title 36, Code of Federal + Regulations (or successor regulations); + (B) with respect to land under the jurisdiction of + the United States Fish and Wildlife Service, on the + land under a comprehensive conservation plan prepared + under section 4(e) of the National Wildlife Refuge + System Administration Act of 1966 (16 U.S.C. 668dd(e)); + (C) with respect to land under the jurisdiction of + the Forest Service, on National Forest System land + under part 212 of title 36, Code of Federal Regulations + (or successor regulations); and + (D) with respect to land under the jurisdiction of + the Bureau of Land Management, under a resource + management plan developed under the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1701 et seq.). + +SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. + + (a) Report.--Not later than 180 days after the date of enactment of +this Act, and annually thereafter, each head of a Federal public land +management agency shall make available to the public on the website of +the Federal public land management agency a report that includes-- + (1) a list of the location and acreage of land more than + 640 acres in size under the jurisdiction of the Federal public + land management agency on which the public is allowed, under + Federal or State law, to hunt, fish, or use the land for other + recreational purposes-- + (A) to which there is no public access or egress; + or + (B) to which public access or egress to the legal + boundaries of the land is significantly restricted (as + determined by the head of the Federal public land + management agency); + (2) with respect to land described in paragraph (1), a list + of the locations and acreage on the land that the head of the + Federal public land management agency determines have + significant potential for use for hunting, fishing, and other + recreational purposes; and + (3) with respect to land described in paragraph (2), a plan + developed by the Federal public land management agency that-- + (A) identifies how public access and egress could + reasonably be provided to the legal boundaries of the + land in a manner that minimizes the impact on wildlife + habitat and water quality; + (B) specifies the actions recommended to secure the + access and egress, including acquiring an easement, + right-of-way, or fee title from a willing owner of any + land that abuts the land or the need to coordinate with + State land management agencies or other Federal or + State governmental entities to allow for such access + and egress; and + (C) is consistent with the travel management plan + in effect on the land. + (b) List of Public Access Routes for Certain Land.--Not later than +1 year after the date of enactment of this Act, each head of a Federal +public land management agency shall make available to the public on the +website of the Federal public land management agency, and thereafter +revise as the head of the Federal public land management agency +determines appropriate, a list of roads or trails that provide the +primary public access and egress to the legal boundaries of contiguous +parcels of land equal to more than 640 acres in size under the +jurisdiction of the Federal public land management agency on which the +public is allowed, under Federal or State law, to hunt, fish, or use +the land for other recreational purposes. + (c) Means of Public Access and Egress Included.--In considering +public access and egress under subsections (a) and (b), the head of the +applicable Federal public land management agency shall consider public +access and egress to the legal boundaries of the land described in +those subsections, including access and egress-- + (1) by motorized or non-motorized vehicles; and + (2) on foot or horseback. + (d) Effect.-- + (1) In general.--This Act shall have no effect on whether a + particular recreational use shall be allowed on the land + described in paragraphs (1) and (2) of subsection (a). + (2) Effect of allowable uses on agency consideration.--In + preparing the plan under subsection (a)(3), the head of the + applicable Federal public land management agency shall only + consider recreational uses that are allowed on the land at the + time that the plan is prepared. + +SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL + PURPOSES. + + Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 +(16 U.S.C. 460l-9) is amended by adding at the end the following: + ``Recreational public access to federal land.--In an amount + not less than 1.5 percent of such moneys, for projects that + secure public access to Federal land for hunting, fishing, and + other recreational purposes through easements, rights-of-way, + or fee title acquisitions from willing sellers.''.","Hunt Unrestricted on National Treasures Act or HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted; (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5% of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.",HUNT Act," The Hunt Unrestricted on National Treasures Act (HUNT Act) aims to improve public access to federal lands for hunting, fishing, and other recreational purposes. It requires federal public land management agencies to report on public access and egress to federal lands more than 640 acres in size. The act also amends the Land and Water Conservation Fund Act to allocate funds for projects that secure public access to federal lands for recreational purposes through acquisitions from willing sellers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. + +SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. + + (a) In General.--Section 3111 of the Internal Revenue Code of 1986 +is amended by adding at the end the following new subsection: + ``(d) Special Exemption for Certain Individuals Hired in 2010.-- + ``(1) In general.--Subsection (a) shall not apply to wages + paid by a qualified employer with respect to employment during + the period beginning on the day after the date of the enactment + of this subsection and ending on December 31, 2010, of any + qualified individual for services performed-- + ``(A) in a trade or business of such qualified + employer, or + ``(B) in the case of a qualified employer exempt + from tax under section 501(a), in furtherance of the + activities related to the purpose or function + constituting the basis of the employer's exemption + under section 501. + ``(2) Qualified employer.--For purposes of this subsection, + the term `qualified employer' means any employer other than the + United States, any State, any local government, or any + instrumentality of the foregoing. + ``(3) Qualified individual.--For purposes of this + subsection, the term `qualified individual' means any + individual who-- + ``(A) begins employment with a qualified employer + after February 3, 2010, and before January 1, 2011, + ``(B) certifies by signed affidavit, under + penalties of perjury, that such individual has not been + employed for more than 40 hours during the 60-day + period ending on the date such individual begins such + employment, + ``(C) is not employed by the qualified employer to + replace another employee of such employer unless such + other employee separated from employment voluntarily or + for cause, and + ``(D) is not an individual described in section + 51(i)(1) (applied by substituting `qualified employer' + for `taxpayer' each place it appears). + ``(4) Election.--A qualified employer may elect to have + this subsection not apply. Such election shall be made in such + manner as the Secretary may require.''. + (b) Coordination With Work Opportunity Credit.--Section 51(c) of +the Internal Revenue Code of 1986 is amended by adding at the end the +following new paragraph: + ``(5) Coordination with payroll tax forgiveness.--The term + `wages' shall not include any amount paid or incurred to a + qualified individual (as defined in section 3111(d)(3)) during + the 1-year period beginning on the hiring date of such + individual by a qualified employer (as defined in section + 3111(d)) unless such qualified employer makes an election not + to have section 3111(d) apply.''. + (c) Transfers to Federal Old-Age and Survivors Insurance Trust +Fund.--There are hereby appropriated to the Federal Old-Age and +Survivors Trust Fund and the Federal Disability Insurance Trust Fund +established under section 201 of the Social Security Act (42 U.S.C. +401) amounts equal to the reduction in revenues to the Treasury by +reason of the amendments made by subsection (a). Amounts appropriated +by the preceding sentence shall be transferred from the general fund at +such times and in such manner as to replicate to the extent possible +the transfers which would have occurred to such Trust Fund had such +amendments not been enacted. + (d) Effective Date.--The amendments made by this section shall +apply to wages paid after the date of the enactment of this Act. + +SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED + INDIVIDUALS IN 2010. + + (a) In General.--In the case of any taxable year ending after the +date of the enactment of this Act, the current year business credit +determined under section 38(b) of the Internal Revenue Code of 1986 for +such taxable year shall be increased by an amount equal to the product +of-- + (1) $1,000, and + (2) the number of retained workers with respect to which + subsection (b)(2) is first satisfied during such taxable year. + (b) Retained Worker.--For purposes of this section, the term +``retained worker'' means any qualified individual (as defined in +section 3111(d)(3) of the Internal Revenue Code of 1986)-- + (1) who was employed by the taxpayer on any date during the + taxable year, + (2) who was so employed by the taxpayer for a period of not + less than 52 consecutive weeks, and + (3) whose wages for such employment during the last 26 + weeks of such period equaled at least 80 percent of such wages + for the first 26 weeks of such period.","Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. + +Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.","A bill to amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to previously unemployed individuals, and to provide a credit for the retention of such individuals for at least 1 year."," The Hire Now Tax Cut Act of 2010 aims to encourage businesses to hire unemployed workers by offering payroll tax forgiveness for qualified employers who hire individuals during the specified period. Qualified employers are those that are not government entities or their instrumentalities. Qualified individuals must meet certain criteria, such as not being employed for more than 40 hours during the 60 days before starting employment with the qualified employer. The act also provides a business credit for retaining certain newly hired individuals in 2010. Amounts appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are equal to the reduction in revenues to the Treasury by reason of the amendments made by this act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``NOAA Corps Disestablishment Act''. + +SEC. 2. PURPOSES. + + The purposes of this Act are-- + (1) to disestablish the Corps of Commissioned Officers of + the National Oceanic and Atmospheric Administration, a + uniformed service within the Department of Commerce; + (2) to provide for fair treatment of retired officers and + officers on the active list of the NOAA Corps, and other + employees of the National Oceanic and Atmospheric + Administration and the Department of Commerce; and + (3) to provide for the retention of professional skills and + experience required by NOAA to continue to carry out its + mission effectively. + +SEC. 3. CONVERSION. + + (a) In General.--Not later than the disestablishment date each +conversion-eligible officer who has signed a conversion agreement and +the position to which such officer is assigned as of that date shall be +converted into the civilian service. + (b) Credit for Prior Service.--The total time served in the NOAA +Corps and in any other uniformed service by an officer who is converted +to the civilian service under subsection (a) shall be-- + (1) credited under the Federal Employees' Retirement System + in accordance with section 8411(c) of title 5, United States + Code (and subject to any limitations in such section 8411(c) of + such title), if the officer pays the deposit required by + section 8422(e) of such title; + (2) deemed to be creditable civilian service for the + purposes of section 8410 of such title concerning eligibility + for annuity, section 8442(b) of such title concerning rights of + a widow or widower, and section 8451(a) of such title + concerning disability retirement; and + (3) credited in accordance with, and subject to limitations + in, section 3502(a) of such title concerning retention in a + reduction in force, and section 6303(a) of such title + concerning annual leave accrual. + (c) All officers converted to the civilian service under subsection +(a) shall be eligible for health insurance in accordance with chapter +89 of title 5, United States Code, with such coverage effective +retroactively to the effective date of that officer's conversion. + +SEC. 4. CONVERSION BENEFIT. + + (a) In General.--The Secretary shall, subject to the availability +of appropriations, provide a conversion benefit to be calculated using +the formula provided in section 1174a(b)(2)(A) of title 10, United +States Code, to each conversion-eligible officer converted to the +civilian service under section 3. + (b) Repayment of Benefit Upon Leaving Within 180 Days of +Conversion.--Any officer leaving the employment of NOAA within 180 days +after conversion to the civilian service under section 3 shall refund +to the Treasury an amount equal to 5 percent of the product of-- + (1) the member's years of active service, multiplied by + (2) 12 times the monthly basic pay to which the member is + entitled on the date of the disestablishment of the NOAA Corps. + (c) Contributions to the Thrift Savings Fund.--Notwithstanding the +time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible +officer converted to the civilian service under section 3 shall be +eligible immediately to make an election to contribute to the Thrift +Savings Fund. + +SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY. + + (a) Credit for Unused Leave.-- + (1) Transferred leave.--Each officer who is in the NOAA + Corps on the date of enactment of this Act and who is converted + into or appointed to the civilian service without a break in + service, shall receive a credit for unused leave which shall be + transferred to that officer's credit in the employing agency in + accordance with regulations promulgated by the Office of + Personnel Management. No lump-sum payment shall be made for the + leave that is transferred. + (2) Lump-sum payment for leave.--Each officer who is in the + NOAA Corps on the date of enactment of this Act and who + receives a lump-sum payment for unused leave and is employed in + the civilian service prior to the expiration of the period + covered by the lump-sum payment, shall refund to the employing + agency an amount equal to the compensation covering the period + between the date of employment and the expiration of the period + covered by such leave payment. The leave represented by any + such refund shall be recredited to that officer by the + employing agency in accordance with regulations promulgated by + the Office of Personnel Management. + (b) Retirement Fund Supplemental Liability.--There is authorized to +be appropriated to the Civil Service Retirement and Disability Fund an +amount equal to the Federal Employee Retirement System supplemental +liability created by granting service credit under section 8411 of +title 5, United States Code, to those NOAA Corps officers converted +into the civilian service under section 3(a) of this Act. Such amount, +as determined by the Office of Personnel Management, shall be credited +to such Fund no later than September 30, 1998. + +SEC. 6. ADDITIONAL CIVILIAN POSITIONS. + + (a) In General.--Not later than the disestablishment date, the +Under Secretary shall establish additional civilian positions in NOAA +as determined to be necessary for fulfilling essential mission +functions and may fill such positions in accordance with customary +recruitment procedures. + (b) Vacancy Information Provided to Retired Officers and Current +Department of Commerce Employees.--Vacancy announcements for any +positions described in subsection (a) shall be provided to each officer +who retires after the date of enactment of this act and vacancy +information shall be made available to current employees of the +Department of Commerce at the initiation of a recruitment action +concerning such positions. + +SEC. 7. DISESTABLISHMENT. + + (a) Disestablishment.--The Commissioned Officers Corps of the +National Oceanic and Atmospheric Administration is disestablished as of +October 1, 1997. + (b) Eligibility for Noncompetitive Appointments.-- + (1) Invountary separations.--Each officer in the NOAA Corps + on the date of enactment of this Act, shall be afforded + noncompetitive appointment eligibility for any competitive + service position within the Department of Commerce for which + the officer meets the minimum qualification requirements. + Eligibility for this special noncompetitive appointment shall + begin on the effective date of this Act and extend for-- + (A) 1 year, in the case of an officer who has less + than 3 years of service in the NOAA Corps, after the + officer is involuntarily separated; and + (B) 2 years, in the case of any other officer. + (2) Appointments and conversions.--Each officer in the NOAA + Corps on the date of enactment of this Act who has completed at + least 1 year of continuous service as a NOAA Corps officer will + acquire competitive status upon appointment or conversion under + this Act. Officers who have completed at least 3 years of + service in the NOAA Corps or other uniformed service will + receive career appointments. All other officers will receive + career-conditional appointments and their time in the Corps + will be credited towards career tenure. Annual fitness reports + shall constitute annual performance ratings for purposes of 5 + CFR Part 351, for any officer who is appointed to or is + converted into the civilian service, so as to provide + entitlement to additional service credit for performance where + needed. + +SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS. + + (a) Separation.--Each conversion-eligible officer who has not +signed a conversion agreement shall be involuntarily separated from the +NOAA Corps not later than September 30, 1997. + (b) Retirement.--Each officer who is on the active list of the NOAA +Corps on the date of the enactment of this Act shall, if eligible to +retire not later than September 30, 1997, under any provision of law, +be retired under such provision not later than such date. + (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any +officer involuntarily separated from the NOAA Corps by reason of +subsection (a) shall be eligible for separation pay as authorized by +section 9 of the Coast and Geodetic Survey Commissioned Officers Act of +1948 (33 U.S.C. 853h). + (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and +Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is +amended by striking-- + (1) ``, or $30,000, whichever is less'' in subsection + (b)(1)(B); + (2) ``, but in no event no more than $15,000'' in + subsection (b)(2); and + (3) subsection (d)(2). + (e) Retirement Eligibility Based on Unused Leave.-- + (1) Officers with 15 years' service.--A conversion-eligible + officer shall be deemed to have 15 years of active service for + purposes of all provisions and regulations concerning + retirement of a member of a uniformed service for which a NOAA + Corps officer is otherwise eligible if, as of the day prior to + the disestablishment date the sum of such officer's length of + active service in the NOAA Corps and other uniformed services + plus an amount of such officer's unused leave equals or exceeds + 15 years. + (2) Retirement terms.--An officer described in paragraph + (1)-- + (A) is ineligible for conversion into the civilian + service under section 3(a); + (B) shall not qualify as a ``conversion-eligible + officer'' as defined in section 13(3); + (C) shall be retired under subsection (b) of this + section; + (D) shall receive retirement pay computed on the + sum obtained in paragraph (1); and + (E) shall not receive a lump sum payment for leave + that is used to qualify for retirement under paragraph + (1). + +SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS. + + (a) Active NOAA Service Deemed To Be Service in the Navy.-- +Effective on the disestablishment date, and as determined and credited +by the Secretary of Commerce, the active service of each officer in the +NOAA Corps and its predecessors who has retired shall be deemed to have +been active service in the United States Navy for purposes of +determining the rights, privileges, and benefits administered by the +Department of Defense to which such officer and the officer's +dependents and survivors are entitled. + (b) Administration by Department of Defense of Retired Pay, +Survivor and other Benefits.--Effective on the disestablishment date, +authority and responsibility for the administration of retired pay for +retired officers of the former NOAA Corps, survivor benefit annuities +for their survivors, and all rights, privileges and benefits to which +retired officers of the former NOAA Corps and its predecessors, their +dependents and survivors are entitled in accordance with subsection (a) +is transferred to the Secretary of the Navy. Such retired pay and +survivor benefits shall be paid from the Department of Defense Military +Retirement Fund. The one-time change in unfunded liability in that fund +resulting from this subsection shall be considered to be an actuarial +loss under the provisions of section 1465(c)(3) of title 10, United +States Code. The cost of all other benefits, including those concerning +health and dental care, provided to each officer and the officer's +dependents and survivors in accordance with subsection (a) shall be +paid from amounts appropriated to the Department of Defense. + (c) Retired Pay Administration.--Effective on the disestablishment +date-- + (1) Section 1461(b) of title 10, United States Code, 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) the provisions of law that created entitlement to, + and determined the amount of, retired pay for retired officers + of the former Commissioned Officers Corps of the National + Oceanic and Atmospheric Administration and its predecessors (as + in effect before the disestablishment of that corps by the NOAA + Corps Disestablishment Act).''. + (2) Section 1461 of such title is amended by adding at the + end thereof the following new subsection: + ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of +this title, the term `armed forces' shall be considered to include the +former Commissioned Officers Corps of the National Oceanic and +Atmospheric Administration and its predecessors.''. + (3) Section 1463(a)(1) of such title is amended by + inserting ``and to retired officers of the former Commissioned + Officers Corps of the National Oceanic and Atmospheric + Administration and its predecessors'' before the semicolon at + the end. + (d) Actions by Secretary.--The Secretary shall-- + (1) transfer promptly to the Secretary of the Navy all + records required to implement this section; and + (2) advise all retired members of the former NOAA Corps and + its predecessors or their survivors of the functions to be + assumed by the Secretary of the Navy under this Act. + (e) Treatment of Prior Active Service.--Effective on the +disestablishment date, and except as provided in subsection (a), the +active service of an officer in the NOAA Corps and its predecessors +(including that of an officer who has retired) shall continue to be +treated as active duty in a uniformed service as provided in applicable +law. + +SEC. 10. DISABILITY DETERMINATIONS. + + (a) In General.--Not later than the disestablishment date, the +Secretary of Commerce shall, under section 1210(b) of title 10, United +States Code, and based upon a physical examination, make a final +determination of the case of each officer of the NOAA Corps whose name +is on the temporary disabled retired list under section 1202 of such +title. As provided in the second sentence of section 1210(b) of such +title, if, at the time of that determination, the physical disability +for which the officer's name was carried on the temporary disability +retired list still exists, it shall be considered to be permanent and +stable. Such an officer shall be retired in accordance with section +1210(c) or 1210(d) of such title or separated in accordance with +section 1210(e) of such title, as applicable. + (b) Substitution of Terms.--For purposes of making the +determination required by subsection (a) under section 1210(b) of title +10, United States Code, ``15 years of service'' shall be substituted +for ``20 years of service'' in sections 1210(d) and 1210(e) of that +title. + (c) Disposition of Officers Determined Not To Be Disabled.--If, +upon a final determination under subsection (a), it is determined that +the officer is physically fit to perform the duties of the officer's +rank, the officer shall be either-- + (1) converted into the civilian service if eligible in + accordance with section 3(a), provided that the officer has + signed a conversion agreement; or + (2) retired or separated in accordance with section 8. + +SEC. 11. AMENDMENTS AND REPEALS. + + (a) Amendments.--The Coast and Geodetic Survey Commissioned +Officers Act of 1948 (33 U.S.C. 853a-853u) is amended-- + (1) by striking subsection (b) in section 8 and + redesignating subsection (c) as subsection (b); and + (2) by striking ``under section 8'' in section 9. + (b) Repeals.--The following provisions of law are repealed +effective on the disestablishment date: + (1) The Coast and Geodetic Survey Commissioned Officers Act + of 1948, (33 U.S.C. 853a-853u). + (2) The Act of February 16, 1929, (Chapter 221, section 5, + 45 Stat. 1187; 33 U.S.C. 852a). + (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6). + (4) Section 9 of Public Law 87-649, (76 Stat. 495). + (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 + Stat. 87; 33 U.S.C. 854 et seq.). + (6) The Act of December 3, 1942, (Chapter 670; 56 + Stat.1038). + (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. + 1863; 33 U.S.C. 857-1 et seq.). + (8) The Act of August 10, 1956, (Chapter 1041, section 3; + 70A Stat. 619; 33 U.S.C. 857a). + (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 + Stat. 603; 33 U.S.C. 864). + (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; + 33 U.S.C. 873, 874). + (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; + 33 U.S.C. 875, 876). + (c) Continuing Application.--No repeal under this section shall +affect any annuity or other benefit authorized under provision of law +so repealed, based on the separation of any person from the NOAA Corps +or its predecessors. + +SEC. 12. IMPLEMENTING AUTHORITIES. + + Without regard to any other provision of law and without prior +notification, the Secretary is authorized to establish, eliminate or +reorganize any office within NOAA as determined by the Secretary to be +necessary or appropriate to carry out the purposes of this Act. Not +later than 2 years after enactment, the Secretary shall submit a report +to the appropriate committees of Congress describing the actions taken +under this section. + +SEC. 13. DEFINITIONS. + + For purposes of this Act, the term -- + (1) ``Conversion Agreement'' means an agreement which + states that a conversion-eligible officer agrees to be + converted to the civilian service and will remain in the + position assigned at the time of conversion or in another NOAA + position as assigned after conversion for 180 days following + such conversion; + (2) ``Conversion Eligible Officer'' means an officer in the + NOAA Corps on the date of enactment of this Act whose active + service in the NOAA Corps and in any other uniformed service as + of the disestablishment date will total less than 15 years, + except as provided in section 8(e); + (3) ``disestablishment date'' means October 1, 1997; + (4) ``NOAA'' means the National Oceanic and Atmospheric + Administration; + (5) ``NOAA Corps'' means the Corps of Commissioned Officers + of the National Oceanic and Atmospheric Administration; + (6) ``Predecessors'' means the former Commissioned Officers + Corps of the Environmental Sciences Services Administration and + the former Commissioned Officers Corps of the Coast and + Geodetic Survey; + (7) ``Secretary'' means the Secretary of Commerce; and + (8) ``Under Secretary'' means the Under Secretary of + Commerce for Oceans and Atmosphere.","NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. +(Sec. 6) Mandates establishment of additional NOAA civilian positions. +(Sec. 7) Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. +(Sec. 8) Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. +(Sec. 9) Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. +(Sec. 10) Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. +(Sec. 11) Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps; and (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. +(Sec. 12) Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.",NOAA Corps Disestablishment Act," The NOAA Corps Disestablishment Act aims to disestablish the Corps of Commissioned Officers of the National Oceanic and Administrative Service within the Department of Commerce. The Act provides for fair treatment of retired officers and others employed by NOAA and the Department of Commerce, retaining professional skills and experience required by NOAA to continue carrying out its mission effectively. Officers converted to civilian service will receive health insurance coverage retroactive to their conversion date, a conversion benefit, and eligibility for noncompetitive appointments to competitive service positions within the Department of Commerce. The Act also addresses disability determinations, additional civilian positions, and disestablishment date provisions." +"SECTION 1. SHORT TITLE; DEFINITIONS. + + (a) Short Title.--This Act may be cited as the ``Fair Trade in +Motor Vehicle Parts Act of 1993''. + (b) Definitions.--For purposes of this Act-- + (1) Motor vehicle and motor vehicle parts.-- + (A) The term ``motor vehicle'' means any article of + a kind described in heading 8703 or 8704 of the + Harmonized Tariff Schedule of the United States. + (B) The term ``motor vehicle parts'' means articles + of a kind described in the following provisions of the + Harmonized Tariff Schedule of the United States if + suitable for use in the manufacture or repair of motor + vehicles: + (i) Subheadings 8407.31.00 through + 8407.34.20 (relating to spark-ignition + reciprocating or rotary internal combustion + piston engines). + (ii) Subheading 8408.20 (relating to the + compression-ignition internal combustion + engines). + (iii) Subheading 8409 (relating to parts + suitable for use solely or principally with + engines described in clauses (i) and (ii)). + (iv) Subheading 8483 (relating to + transmission shafts and related parts). + (v) Subheadings 8706.00.10 and 8706.00.15 + (relating to chassis fitted with engines). + (vi) Heading 8707 (relating to motor + vehicle bodies). + (vii) Heading 8708 (relating to bumpers, + brakes and servo brakes, gear boxes, drive + axles, nondriving axles, road wheels, + suspension shock absorbers, radiators, mufflers + and exhaust pipes, clutches, steering wheels, + steering columns, steering boxes, and other + parts and accessories of motor vehicles). + The Secretary shall by regulation include as motor + vehicle parts such other articles (described by + classification under such Harmonized Tariff Schedule) + that the Secretary considers appropriate to carry out + this Act. + (2) United states motor vehicle parts manufacturer.--The + term ``United States motor vehicle parts manufacturer'' means a + manufacturer of motor vehicle parts that-- + (A) has one or more motor vehicle parts + manufacturing facilities located within the United + States, and + (B)(i) is not owned or controlled by a natural + person who is a citizen of a deficit foreign country; + and + (ii) is not owned or controlled by a corporation or + other legal entity, wherever located, which is owned or + controlled by-- + (I) natural persons who are citizens of a + deficit foreign country, or + (II) another corporation or other legal + entity that is owned or controlled by natural + persons who are citizens of a deficit foreign + country. + (3) United states motor vehicle parts.--The term ``United + States motor vehicle parts'' means motor vehicle parts produced + by United States motor vehicle parts manufacturers in the + United States. + (4) Deficit foreign country.--The term ``deficit foreign + country'' means any country with which the United States + merchandise trade balance with respect to motor vehicle parts + was in deficit in an amount of $5,000,000,000 or more for each + of the 3 most recent calendar years for which data are + available. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Commerce. + (6) Trade representative.--The term ``Trade + Representative'' means the United States Trade Representative. + + TITLE I--TRADE REMEDY ACTIONS + +SEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF + UNITED STATES-MADE MOTOR VEHICLE PARTS. + + (a) In General.--On the 45th day after the date of the enactment of +this Act, any act, policy, or practice of a deficit foreign country +that adversely affects the access to such country's market of motor +vehicle parts produced by United States motor vehicle parts +manufacturers (including, but not limited to, any act, policy, or +practice utilized in such country's motor vehicle distribution system) +shall, for purposes of title III of the Trade Act of 1974, be +considered as an act, policy, or practice of a foreign country that is +unjustifiable and burdens or restricts United States commerce. The +Trade Representative shall immediately proceed to determine, in +accordance with section 304(a)(1)(B) of such Act, what action to take +under section 301(a) of such Act to obtain the elimination of such act, +policy, or practice. + (b) Negotiation Agenda.--If the Trade Representative decides to +take action referred to in section 301(c)(1)(C) of the Trade Act of +1974 with respect to an act, policy, or practice referred to in +subsection (a), the agenda for negotiations shall include-- + (1) guarantees for sales in the deficit foreign country's + market of motor vehicle parts produced in the United States by + United States motor vehicle parts manufacturers in an aggregate + amount equal to the percentage of such market that would be + held by motor vehicle parts produced by United States motor + vehicle parts manufacturers if the unfair act, policy, or + practice did not exist; + (2) the elimination or modification of the aspects of the + deficit foreign country's motor vehicle distribution system + (and any other act, policy, or practice) that act as a barrier + to the access to the foreign country's market of motor vehicle + parts produced in the United States by United States motor + vehicle parts manufacturers; and + (3) the establishment of procedures for the exchange of + information between the appropriate agencies of the United + States and the deficit foreign country's government that will + permit an accurate assessment of bilateral trade in motor + vehicle parts, particularly with respect to the purchase of + motor vehicle parts produced in the United States by United + States motor vehicle parts manufacturers for use by foreign + sources in the foreign country's market. + (c) Additional Estimates and Consequential Effect.-- + (1) Estimate.--If the Trade Representative decides to take + action under section 301(c)(1)(C) of the Trade Act of 1974, the + Trade Representative shall promptly estimate, on the basis of + the best information available-- + (A) the percentage share of the deficit foreign + country's market for motor vehicle parts that is + currently accounted for by motor vehicle parts produced + in the United States by United States motor vehicle + parts manufacturers; + (B) the percentage share of the deficit foreign + country's market for motor vehicle parts which would be + accounted for by United States motor vehicle parts if + an act, policy, or practice referred to in subsection + (a) did not exist; and + (C) the dollar value of the difference between the + percentage shares estimated under subparagraphs (A) and + (B). + (2) Subsequent action.--If the negotiations referred to in + subsection (b) are unsuccessful, any action subsequently taken + under section 301 of the Trade Act of 1974 in response to the + deficit foreign country's acts, policies, or practices shall be + substantially equivalent to the dollar value estimated under + paragraph (1)(C). + +SEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF + DEFICIT FOREIGN COUNTRIES. + + Not later than 60 days after the date of the enactment of this Act, +the Secretary shall commence an investigation under section 732(a) of +the Tariff Act of 1930 to determine if imports of motor vehicle parts +into the United States that are products of any deficit foreign +country, or sales (or the likelihood of sales) of such parts for +importation into the United States, constitute grounds for the +imposition of antidumping duties under section 731 of such Act. + + TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT + +SEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT. + + (a) In General.--Section 2125 of the Fair Trade in Auto Parts Act +of 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993'' +and inserting ``December 31, 1998''. + (b) Functions of Secretary of Commerce.--Section 2123(b) of the +Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) is amended by +striking ``and'' at the end of paragraph (6), by striking the period at +the end of paragraph (7) and inserting ``; and'', and by adding at the +end the following new paragraph: + ``(8) coordinate-- + ``(A) United States policy regarding auto parts and + the market for auto parts; and + ``(B) the sharing of data and market information + among the relevant departments and agencies of the + United States Government, including the Department of + the Treasury, the Department of Justice, the Department + of Commerce, and the Office of the United States Trade + Representative.''. + (c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act +of 1988 (15 U.S.C. 4701 note) is amended-- + (1) by striking ``For purposes of'' and inserting ``(a) + Japanese Markets.--For purposes of''; + (2) by adding at the end the following new subsection: + ``(b) Other Definitions.--For purposes of this part: + ``(1) The term `auto parts and accessories' has the meaning + given the term `motor vehicle parts' in section 1(b)(1)(B) of + the Fair Trade in Motor Vehicle Parts Act of 1993. + ``(2) The term `United States auto parts manufacturer' + means a manufacturer of auto parts that-- + ``(A) has one or more auto parts manufacturing + facilities located within the United States, and + ``(B)(i) is not owned or controlled by a natural + person who is a citizen of Japan; and + ``(ii) is not owned or controlled by a corporation + or other legal entity, wherever located, which is owned + or controlled by-- + ``(I) natural persons who are citizens of + Japan, or + ``(II) another corporation or other legal + entity that is owned or controlled by natural + persons who are citizens of Japan. + ``(3) The terms `United States-made auto parts and + accessories' and `United States-made auto parts' have the + meaning given the term `United States motor vehicle parts' in + section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of + 1993.''; and + (3) by striking ``definition'' in the heading and inserting + ``definitions''.","TABLE OF CONTENTS: + Title I: Trade Remedy Actions + Title II: Extension and Modification of Fair Trade in + Auto Parts Act +Fair Trade in Motor Vehicle Parts Act of 1993 - +Title I: Trade Remedy Actions + - Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of U.S. motor vehicle parts (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of ""301"" action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice. +Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of U.S. motor vehicle parts; (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to U.S. motor vehicle parts; and (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by U.S. motor vehicle parts. +Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales (or the likelihood of sales) of such imports, constitute grounds for the imposition of antidumping duties. +Title II: Extension and Modification of Fair Trade in Auto Parts Act + - Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) U.S. policy regarding auto parts and the market for auto parts by the Japanese; and (2) the sharing of data and market information among U.S. agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR.",Fair Trade in Motor Vehicle Parts Act of 1993," The Fair Trade in Motor Vehicle Parts Act of 1993 aims to address barriers to market access for motor vehicle parts produced by U.S. manufacturers in foreign markets. It defines motor vehicle parts and motor vehicle parts manufacturers, as well as deficit foreign countries with significant trade imbalances. The Act requires the Trade Representative to determine if any foreign country's policies or practices are unjustifiable and restrict U.S. commerce. If negotiations fail, the Trade Representative must take action equivalent to the estimated dollar value of the trade imbalance. The Act also calls for an investigation to determine if imports of motor vehicle parts from deficit foreign countries constitute grounds for imposing antidumping duties. Finally, the Act extends and modifies the Fair Trade in Auto Parts Act of 1988 to include motor vehicle parts and manufacturers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Preventing Iran's Access to United +States Dollars Act of 2016''. + +SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING + THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. + + (a) In General.--The President shall not issue any license under +the International Emergency Economic Powers Act (50 U.S.C. 1701 et +seq.) that permits a person-- + (1) to conduct an offshore United States dollar clearing + system for transactions involving the Government of Iran or an + Iranian person; or + (2) to provide United States dollars for any offshore + United States dollar clearing system conducted or overseen by a + foreign government or a foreign financial institution for + transactions involving the Government of Iran or an Iranian + person. + (b) Definitions.--In this section: + (1) Entity.--The term ``entity'' means a corporation, + business association, partnership, trust, society, or any other + entity. + (2) Foreign financial institution.--The term ``foreign + financial institution'' has the meaning of that term as + determined by the Secretary of the Treasury pursuant to section + 104(i) of the Comprehensive Iran Sanctions, Accountability, and + Divestment Act of 2010 (22 U.S.C. 8513(i)). + (3) Person.--The term ``person'' means an individual or + entity. + +SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH + RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR + TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN + PERSONS. + + (a) Reports Required.-- + (1) In general.--Not later than 60 days after the date of + the enactment of this Act, and not less frequently than once + every 90 days thereafter, the Secretary of the Treasury shall + submit to the appropriate congressional committees and publish + in the Federal Register a report that contains-- + (A) a list of any financial institutions that the + Secretary has identified as-- + (i) operating an offshore United States + dollar clearing system that conducts + transactions involving the Government of Iran + or an Iranian person; or + (ii) participating in a transaction + described in clause (i) through a system + described in that clause; and + (B) a detailed assessment of the status of efforts + by the Secretary to prevent the conduct of transactions + described in subparagraph (A)(i) through systems + described in that subparagraph. + (2) Form of report.--Each report submitted under paragraph + (1) shall be submitted in unclassified form but may contain a + classified annex. + (b) Imposition of Sanctions.-- + (1) In general.--The President shall, in accordance with + the International Emergency Economic Powers Act (50 U.S.C. 1701 + et seq.), block and prohibit all transactions in all property + and interests in property of any financial institution + specified in the most recent list submitted under subsection + (a)(1)(A) if such property and interests in property are in the + United States, come within the United States, or are or come + within the possession or control of a United States person. + (2) Additional sanctions.--The President may impose + additional sanctions under the International Emergency Economic + Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial + institution that is subject to sanctions under paragraph (1). + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' has the meaning given +that term in section 14 of the Iran Sanctions Act of 1996 (Public Law +104-172; 50 U.S.C. 1701 note). + +SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL + INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF + A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION. + + Section 1245(c) of the National Defense Authorization Act for +Fiscal Year 2012 (22 U.S.C. 8513a) is amended-- + (1) by striking ``The President'' and inserting ``(1) In + general.--The President''; and + (2) by adding at the end the following: + ``(2) Treatment of certain transactions.-- + ``(A) U-turn transactions.--Property that comes + within the possession or control of a United States + person pursuant to a transfer of funds that arises + from, and is ordinarily incident and necessary to give + effect to, an underlying transaction shall be + considered to come within the possession or control of + that person for purposes of paragraph (1). + ``(B) Book transfers.--A transfer of funds or other + property for the benefit of an Iranian financial + institution that is made between accounts of the same + financial institution shall be considered property or + interests in property of that Iranian financial + institution for purposes of paragraph (1) even if that + Iranian financial institution is not the direct + recipient of the transfer.''.","Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore U.S. dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide U.S. dollars for any offshore U.S. dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore U.S. dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a U.S. person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions (fund transfers from a foreign bank that pass through a U.S. financial institution and are then transferred to a second foreign bank), and (2) book transfers (fund transfers for the benefit of an Iranian financial institution made between accounts of the same financial institution).",Preventing Iran's Access to United States Dollars Act of 2016," The ""Preventing Iran's Access to United States Dollars Act of 2016"" prohibits the President from issuing licenses under the International Emergency Economic Powers Act that allow individuals or entities to conduct an offshore US dollar clearing system for transactions involving Iran or Iranian persons. The Secretary of the Treasury is required to submit reports on financial institutions operating an offshore US dollar clearing system for transactions involving Iran or Iranian persons. The President is authorized to block and prohibit transactions involving property and interests in property of any financial institution on the most recent list submitted by the Secretary. The Act also clarifies that freezing assets of Iranian financial institutions includes assets in possession or control of a US person pursuant to a U-turn transaction." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Consumer Affordable Transaction +Account Act of 2001''. + +SEC. 2. AFFORDABLE BANKING SERVICES. + + (a) In General.--Except as otherwise provided in this section, each +insured depository institution shall make available to consumers a +consumer transaction account, to be known as an ``affordable +transaction account'', with the following features to be prescribed +jointly by the Federal banking agencies, by regulation: + (1) Initial deposit.--The maximum amount which an insured + depository institution may require as an initial deposit, if + any. + (2) Minimum balance.--The maximum amount an insured + depository institution may require as a minimum balance, if + any, to maintain such account. + (3) Minimum number of free withdrawals.--A minimum of 8 + withdrawal transactions, including withdrawals by negotiable or + transferable instruments for the purpose of making payments to + third parties and electronic fund transfers, during any + periodic cycle at no additional charge to the account holder. + (4) Maximum monthly service charge.--The maximum amount an + insured depository institution may charge per periodic cycle + for the use of such account. + (b) Fees for Withdrawal Transactions in Excess of Minimum Number of +Free Withdrawals.-- + (1) In general.--Subject to paragraph (2), in the case of + any affordable transaction account-- + (A) an insured depository institution may impose a + reasonable per-transaction charge for any withdrawal + transaction described in subsection (a)(3) other than a + transaction required under such subsection to be + provided free; or + (B) the depository institution may impose the fees + and charges normally applied to other consumer + transaction accounts available at that depository + institution. + (2) Limitations.-- + (A) Periodic cycle fee adjustment.--The amount of + any charge per periodic cycle imposed by an insured + depository institution on any affordable transaction + account pursuant to paragraph (1)(B) shall be reduced + by the charge imposed under subsection (a)(4). + (B) Maximum amount.--At no time shall the total + amount of fees and charges imposed by an insured + depository institution on any affordable transaction + account exceed the total amount of fees and charges + that is normally applied to other consumer transaction + accounts available at the depository institution. + (c) Conditions for Opening Any Affordable Transaction Account.--An +insured depository institution may require as a condition for opening +or maintaining any affordable transaction account that-- + (1) the holder of the account be a resident of the State in + which the account is opened or maintained; and + (2) the deposits to the account of recurring payments such + as Social Security, wage, or pension payments be made by direct + deposit if that form of deposit is available to both the + consumer and the depository institution. + (d) Other Terms and Conditions.-- + (1) In general.--Except as provided in this section and any + regulations prescribed under this section, any affordable + transaction account may be offered by an insured depository + institution subject to the same rules, conditions, and terms + normally applicable to other consumer transaction accounts + offered by the depository institution. + (2) Prohibition on discrimination against affordable + transaction account holders in providing other services.--The + amount of any fee or charge imposed on a holder of any + affordable transaction account by an insured depository + institution for specific services provided to such account + holder which are not directly related to the maintenance of + such account may not exceed the fee or charge imposed by the + depository institution for providing the same services in + connection with other consumer transaction accounts offered by + the depository institution. + (e) Affordable Transaction Accounts Not Required for Individuals +Who Maintain Other Transaction Accounts.--An insured depository +institution shall not be required to permit any person to open or +maintain an affordable transaction account pursuant to this section if +such person maintains another consumer transaction account either at +that depository institution or any other insured depository +institution. + (f) Alternative Arrangements.--In lieu of the affordable +transaction account required by this section, an insured depository +institution may make available an alternative form of account or other +banking services if the appropriate Federal banking agency determines +that such alternative form of account or services are at least as +advantageous to consumers as the affordable transaction account. + (g) Disclosure Requirements.-- + (1) Posted notices.--If an insured depository institution + posts in the public area of any office of the institution a + notice of the availability of other consumer transaction + accounts, the depository institution shall also post equally + conspicuous notice in such public area and in the same manner + the availability of its affordable transaction accounts. + (2) Printed material.--If an insured depository institution + makes available in the public area of any office of the + institution printed material describing the terms of its other + consumer transaction accounts, the depository institution shall + also make comparable descriptive printed material concerning + the affordable transaction accounts available in the same such + area and in the same manner. + (h) Definitions.--For purposes of this section, the following +definitions shall apply: + (1) Consumer transaction account.--For purposes of this + section, the term ``consumer transaction account'' means a + demand deposit account, negotiable order of withdrawal account, + share draft account, or any similar transaction account used + primarily for personal, family or household purposes. + (2) Depository institution.--The term ``depository + institution'' has the same meaning as in section 19(b)(1)(A) of + the Federal Reserve Act. + (3) Federal banking agency.--The term ``Federal banking + agency''-- + (A) has the same meaning as in section 3(z) of the + Federal Deposit Insurance Act; and + (B) includes the National Credit Union + Administration Board. + (4) Insured depository institution.--The term ``insured + depository institution''-- + (A) has the same meaning as in section 3(c)(2) of + the Federal Deposit Insurance Act; and + (B) includes an insured credit union (as defined in + section 101(7) of the Federal Credit Union Act). + (i) Compliance With More Stringent State Law.--If a depository +institution operates in a State the laws of which, including +regulations, require a depository institution operating in such State +to meet requirements for affordable transaction accounts which are more +advantageous to the consumer than the requirements of this section or +the regulations prescribed under this section, such depository +institution may not be treated as a qualified depository institution +for purposes of section 19(b)(12) of the Federal Reserve Act, unless +such depository institution meets the requirements of this section and +the requirements of such State law. + (j) Rule of Construction.--No provision of this section, title LXII +of the Revised Statutes of the United States, the Home Owners' Loan +Act, the Bank Enterprise Act of 1991, the Alternative Mortgage +Transaction Parity Act of 1982, or any other Federal law may be +construed as preempting, or providing any basis for the Comptroller of +the Currency or the Director of the Office of Thrift Supervision to +conclude that Federal law in any way preempts, the law of any State +which requires depository institution operating in that State to +provide affordable transaction accounts, including the Omnibus Consumer +Protection and Banking Deregulation Act of 1994 of the State of New +York and the New Jersey Consumer Checking Account Act (as in effect on +the date of the enactment of this Act). + (k) Coordination of Regulations.--Each Federal banking agency +shall-- + (1) consult and coordinate with other Federal banking + agencies to ensure that regulations prescribed by each such + agency are consistent with and comparable to the regulations + prescribed by each other such agency; and + (2) prescribe regulations in final form to implement this + section before the end of the 6-month period beginning on the + date of the enactment of this Act.","Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an ""affordable transaction account"" containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month.Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.Mandates depository institution compliance with more stringent State law where applicable.","To require insured depository institutions to make affordable transaction accounts available to their customers, and for other purposes."," The Consumer Affordable Transaction Account Act of 2001 aims to establish affordable banking services for consumers through affordable transaction accounts. These accounts must have specific features such as maximum initial deposit, minimum balance, minimum number of free withdrawals, and maximum monthly service charge. Fees for withdrawal transactions in excess of the minimum number of free withdrawals can be imposed by insured depository institutions. Conditions for opening an account may include the account holder being a resident of the state where the account is opened or maintained, and deposits to the account being made by direct deposit if available. The act prohibits discrimination against affordable transaction account holders for other services provided by insured depository institutions. Alternative arrangements can be made if deemed advantageous to consumers by the appropriate federal banking agency. Disclosure requirements include posting notices and providing printed material about affordable transaction accounts. The act also addresses compliance with more stringent state laws and coordination of regulations among federal banking agencies." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Lavender Offense Victim Exoneration +Act of 2017'' or the ``LOVE Act of 2017''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) During the so-called ``Lavender Scare'', at least 1,000 + people were wrongfully dismissed from the Department of State + for alleged homosexuality during the 1950s and well into the + 1960s. + (2) According to the Department of State's Bureau of + Diplomatic Security, Department of State employees were forced + out of the Department on the grounds that their sexual + orientation ostensibly rendered them vulnerable to blackmail + and made them security risks. + (3) In addition to those wrongfully dismissed, many other + patriotic Americans were prevented from joining the Department + due to a screening process that was put in place to prevent the + hiring of those who, according to the findings of the Bureau of + Diplomatic Security, ``seemed like they might be gay or + lesbian''. + (4) Congress bears a special measure of responsibility as + the Department's actions were in part in response to + congressional investigations into ``sex perversion of Federal + employees'', reports on the employment of ``moral perverts by + Government Agencies'', hearings and pressure placed on the + Department through the appropriations process and congressional + complaints that Foggy Bottom was ``rampant with homosexuals who + were sympathetic to Communism and vulnerable to blackmail''. + (5) Between 1950 and 1969, the Department of State was + required to report on the number of homosexuals fired each year + as part of their annual appeals before Committees on + Appropriations. + (6) Although the worst effects of the ``Lavender Scare'' + are behind us, as recently as the early 1990s, the Department + of State's security office was investigating State personnel + thought to be gay and driving them out of government service as + ``security risks''. + (7) In 1994, Secretary of State Warren Christopher issued a + prohibition against discrimination in the Department of State, + including that based on sexual orientation. + (8) In 1998, President William Jefferson Clinton signed + Executive Order 13087 barring discrimination on the basis of + sexual orientation. + (9) On January 9, 2017, Secretary of State John Kerry + issued a statement regarding the ``Lavender Scare'', saying, + ``On behalf of the Department, I apologize to those who were + impacted by the practices of the past and reaffirm the + Department's steadfast commitment to diversity and inclusion + for all our employees, including members of the LGBTI + community.''. + +SEC. 3. DIRECTOR GENERAL REVIEW. + + (a) Review.--The Director General of the Foreign Service and +Director of Human Resources of the Department of State, in consultation +with the Historian of the Department of State, shall review all +employee terminations that occurred after January 1, 1950, to determine +who was wrongfully terminated owing to their sexual orientation, +whether real or perceived. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the Director General shall, consistent with +applicable privacy regulations, compile the information compiled under +subsection (a) in a publicly available report. The report shall include +historical statements made by officials of the Department of State and +Congress encouraging and implementing policies and tactics that led to +the termination of employees due to their sexual orientation. + +SEC. 4. REPORTS ON REVIEWS. + + (a) Reviews.--The Secretary of State shall conduct reviews of the +consistency and uniformity of the reviews conducted by the Director +General under section 3. + (b) Reports.--Not later than 270 days after the date of the +enactment of this Act, and annually thereafter for 2 years, the +Secretary shall submit to Congress a report on the reviews conducted +under section 3. Each report shall include any comments or +recommendations for continued actions. + +SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD. + + (a) Establishment.--The Secretary of State shall establish, within +the Office of Civil Rights of the Department of State, an independent +Reconciliation Board to review the reports released by the Director +General of the Foreign Service and Director of Human Services under +section 3(b). + (b) Duties.--The Reconciliation Board shall-- + (1) consistent with applicable privacy regulations, contact + all employees found to be fired due to the ``Lavender Scare'' + or, in the case of deceased former employees, the family + members of the employees, to inform them that their termination + from the Department of State has been deemed inappropriate and + that, if they wish, their employment record can be changed to + reflect these findings; + (2) designate a point of contact at a senior level position + within the Office of the Director General of the Foreign + Service and Director of Human Resources to receive oral + testimony of any employees or family members of deceased + employees mentioned in the report who personally experienced + discrimination and termination because of the actual or + perceived sexual orientation in order that such testimony may + serve as an official record of these discriminatory policies + and their impact on United States lives; and + (3) provide an opportunity for any former employee not + mentioned in the report to bring forth a grievance to the Board + if they believe they were terminated due to their sexual + orientation. + (c) Review of Claims.-- + (1) In general.--The Board shall review each claim + described in subsection (b) within 150 days of receiving the + claim. Lack of paperwork may not be used as a basis for + dismissing any claims. + (2) Cooperation.--The Department of State shall be + responsible for producing pertinent information regarding each + claim to prove the employee was not wrongfully terminated. + (d) Termination.--The Board shall terminate 5 years after the date +of the enactment of this Act. + +SEC. 6. ISSUANCE OF APOLOGY. + + (a) Finding.--Secretary of State Kerry delivered the following +apology on January 9, 2017: + ``Throughout my career, including as Secretary of State, I have +stood strongly in support of the LGBTI community, recognizing that +respect for human rights must include respect for all individuals. +LGBTI employees serve as proud members of the State Department and +valued colleagues dedicated to the service of our country. For the last +several years, the Department has pressed for the families of LGBTI +officers to have the same protections overseas as families of other +officers. In 2015, to further promote LGBTI rights throughout the +world, I appointed the first ever Special Envoy for the Human Rights of +LGBTI Persons. + ``In the past--as far back as the 1940s, but continuing for +decades--the Department of State was among many public and private +employers that discriminated against employees and job applicants on +the basis of perceived sexual orientation, forcing some employees to +resign or refusing to hire certain applicants in the first place. These +actions were wrong then, just as they would be wrong today. + ``On behalf of the Department, I apologize to those who were +impacted by the practices of the past and reaffirm the Department's +steadfast commitment to diversity and inclusion for all our employees, +including members of the LGBTI community.'' + (b) Congressional Apology.--Congress hereby offers a formal apology +for its responsibility in encouraging the ``Lavender Scare'' and +similar policies at the Department of State, as these policies were in +part a response to congressional investigations into ``sex perversion +of Federal employees'', reports on the employment of ``moral perverts +by Government Agencies'', and hearings or pressure otherwise placed on +the Department of State through the appropriations process. + +SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE. + + (a) In General.--The Secretary of State shall work with the current +public-private partnership associated with the Department of State's +new United States Diplomacy Center to establish a permanent exhibit on +the ``Lavender Scare'' in the museum to assure that the history of this +unfortunate episode is not brushed aside. + (b) Specifications.--The exhibit-- + (1) shall be installed at the museum not later than one + year after the date of enactment of this Act; + (2) should provide access to the reports compiled by the + Director General of the Foreign Service and Director of Human + Resources under section 3(b); and + (3) shall readily display material gathered from oral + testimony received pursuant to section 5(b)(2) from employees + or family members of deceased employees who were subject to + these discriminatory policies during the ``Lavender Scare''. + +SEC. 8. GUIDANCE ON ISSUING VISAS. + + To demonstrate the Department of State's commitment to ensuring +fairness for current employees, not later than 100 days after the date +of the enactment of this Act, the Secretary of State shall submit to +Congress a report on countries not issuing visas to the spouses of all +Foreign Service personnel posted overseas due to their sexual +orientation. This report shall include any comments or recommendations +for actions, including eliminating visa reciprocity with countries +found to be instituting these practices against the spouses of Foreign +Service personnel, that will lead to ensuring that all spouses of +Foreign Service personnel receive visas for the country their spouse is +assigned, regardless of sexual orientation. + +SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD. + + (a) Establishment.--The Secretary of State shall establish, within +the Office of the Director General of the Department of State, a board +comprised of senior-level officials to address the issues faced by +LGBTQI Foreign Service employees and their families. + (b) Hearing of Testimony.--The Advancement Board shall hear +testimony from any willing LGBTQI Foreign Service employees and their +families regarding any discrimination they have faced due to their +sexual orientation. + (c) Report.-- + (1) In general.--Not later than 100 days after completing + collection of testimony described under subsection (b), and + annually thereafter for 5 years, the Advancement Board shall + submit to Congress a report based on the testimony. + (2) Content.--The report required under paragraph (1) shall + include any comments or recommendations for continued actions + to improve the Department of State to ensure that no employee + or their family members experience discrimination due to their + sexual orientation. + (3) Privacy.--The report required under paragraph (1) shall + remain private and will only be accessible to Members of + Congress, their appropriate staff, and members of the + Advancement Board.","Lavender Offense Victim Exoneration Act of 2017 or the LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation (known as the Lavender Scare). The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: create a reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation; create an advancement board to address employment issues of current LGBTQI Foreign Officers; establish a permanent exhibit about the terminations in the State Department's U.S. Diplomacy Center; report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because of  their sexual orientation.",Lavender Offense Victim Exoneration Act of 2017," The Lavender Offense Victim Exoneration Act of 2017 (LOVE Act) aims to address the impact of the ""Lavender Scare"" on employees of the Department of State during the 1950s and 1960s. The Act requires the Director General of the Foreign Service to review employee terminations from January 1, 1950, to determine those wrongfully terminated due to their sexual orientation. A Reconciliation Board is established within the Office of Civil Rights to contact affected employees or their families to inform them that their termination has been deemed inappropriate. The Secretary of State is required to submit reports on reviews conducted by the Director General and establish an Advancement Board to address issues faced by LGBTQI Foreign Service employees and their families." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Alcohol Tax Equalization Act''. + +SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC + EQUIVALENT OF TAXES ON DISTILLED SPIRITS. + + (a) Wine.-- + (1) Wines containing not more than 14 percent alcohol.-- + Paragraph (1) of section 5041(b) of the Internal Revenue Code + of 1986 (relating to rates of tax on wines) is amended by + striking ``$1.07'' and inserting ``$2.97''. + (2) Wines containing more than 14 (but not more than 21) + percent alcohol.--Paragraph (2) of section 5041(b) of such Code + is amended by striking ``$1.57'' and inserting ``$4.86''. + (3) Wines containing more than 21 (but not more than 24) + percent alcohol.--Paragraph (3) of section 5041(b) of such Code + is amended by striking ``$3.15'' and inserting ``$6.08''. + (b) Beer.-- + (1) In general.--Paragraph (1) of section 5051(a) of such + Code (relating to imposition and rate of tax on beer) is + amended by striking ``$18'' and inserting ``$37.67''. + (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) + of such Code (relating to reduced rate for certain domestic + production) is amended by striking ``$7'' each place it appears + and inserting ``$26.67''. + (c) Effective Date.--The amendments made by this section shall take +effect on January 1, 1995. + (d) Floor Stocks Taxes.-- + (1) Imposition of tax.-- + (A) In general.--In the case of any tax-increased + article-- + (i) on which tax was determined under part + I of subchapter A of chapter 51 of the Internal + Revenue Code of 1986 or section 7652 of such + Code before January 1, 1995, and + (ii) which is held on such date for sale by + any person, + there shall be imposed a tax at the applicable rate on + each such article. + (B) Applicable rate.--For purposes of clause (i), + the applicable rate is-- + (i) $1.90 per wine gallon in the case of + wine described in paragraph (1) of section + 5041(b) of such Code, + (ii) $3.29 per wine gallon in the case of + wine described in paragraph (2) of section + 5041(b) of such Code, + (iii) $2.93 per wine gallon in the case of + wine described in paragraph (3) of section + 5041(b) of such Code, and + (iv) $19.67 per barrel in the case of beer. + In the case of a fraction of a gallon or barrel, the + tax imposed by subparagraph (A) shall be the same + fraction as the amount of such tax imposed on a whole + gallon or barrel. + (C) Tax-increased article.--For purposes of this + subsection, the term ``tax-increased article'' means + wine described in paragraph (1), (2), or (3) of section + 5041(b) of such Code and beer. + (2) Exception for certain small wholesale or retail + dealers.--No tax shall be imposed by subparagraph (A) on tax- + increased articles held on January 1, 1995, by any dealer if-- + (A) the aggregate liquid volume of tax-increased + articles held by such dealer on such date does not + exceed 500 wine gallons, and + (B) such dealer submits to the Secretary (at the + time and in the manner required by the Secretary) such + information as the Secretary shall require for purposes + of this subparagraph. + (3) Liability for tax and method of payment.-- + (A) Liability for tax.--A person holding any tax- + increased article on January 1, 1995, to which the tax + imposed by paragraph (1) applies shall be liable for + such tax. + (B) Method of payment.--The tax imposed by + paragraph (1) shall be paid in such manner as the + Secretary shall prescribe by regulations. + (C) Time for payment.--The tax imposed by paragraph + (1) shall be paid on or before June 30, 1995. + (4) Controlled groups.-- + (A) Corporations.--In the case of a controlled + group, the 500 wine gallon amount specified in + paragraph (2), shall be apportioned among the dealers + who are component members of such group in such manner + as the Secretary shall by regulations prescribe. For + purposes of the preceding sentence, the term + ``controlled group'' has the meaning given to such term + by subsection (a) of section 1563 of such Code; except + that for such purposes the phrase ``more than 50 + percent'' shall be substituted for the phrase ``at + least 80 percent'' each place it appears in such + subsection. + (B) Nonincorporated dealers under common control.-- + Under regulations prescribed by the Secretary, + principles similar to the principles of subparagraph + (A) shall apply to a group of dealers under common + control where 1 or more of such dealers is not a + corporation. + (5) Other laws applicable.-- + (A) In general.--All provisions of law, including + penalties, applicable to the comparable excise tax with + respect to any tax-increased article shall, insofar as + applicable and not inconsistent with the provisions of + this paragraph, apply to the floor stocks taxes imposed + by paragraph (1) to the same extent as if such taxes + were imposed by the comparable excise tax. + (B) Comparable excise tax.--For purposes of + subparagraph (A), the term ``comparable excise tax'' + means-- + (i) the tax imposed by section 5041 of such + Code in the case of wine, and + (ii) the tax imposed by section 5051 of + such Code in the case of beer. + (6) Definitions.--For purposes of this subsection-- + (A) In general.--Terms used in this paragraph which + are also used in subchapter A of chapter 51 of such + Code shall have the respective meanings such terms have + in such part. + (B) Person.--The term ``person'' includes any State + or political subdivision thereof, or any agency or + instrumentality of a State or political subdivision + thereof. + (C) Secretary.--The term ``Secretary'' means the + Secretary of the Treasury or his delegate. + +SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES. + + (a) General Rule.--Subpart E of part I of subchapter A of chapter +51 of the Internal Revenue Code of 1986 is amended by inserting before +section 5061 the following new section: + +``SEC. 5060. INDEXATION OF RATES. + + ``(a) General Rule.--Effective during each calendar year after +1995, each tax rate set forth in subsection (b) shall be increased by +an amount equal to-- + ``(1) such rate as in effect without regard to this + section, multiplied by + ``(2) the cost-of-living adjustment for such calendar year + determined under section 1(f)(3) by substituting `calendar year + 1994' for `calendar year 1992' in subparagraph (B) thereof. +Any increase determined under the preceding sentence shall be rounded +to the nearest multiple of 1 cent. + ``(b) Tax Rates.--The tax rates set forth in this subsection are +the rates contained in the following provisions: + ``(1) Paragraphs (1) and (3) of section 5001(a). + ``(2) Paragraphs (1), (2), (3), (4), and (5) of section + 4041(b). + ``(3) Paragraphs (1) and (2)(A) of section 5051(a).'' + (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section +5010(a) are each amended by striking ``$13.50'' and inserting ``the +rate in effect under section 5001(a)(1)''. + (c) Clerical Amendment.--The table of sections for subpart E of +part I of subchapter A of chapter 51 of such Code is amended by +inserting before the item relating to section 5061 the following new +item: + + ``Sec. 5060. Indexation of rates.'' + +SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. + + (a) General Rule.--Subchapter A of chapter 98 of the Internal +Revenue Code of 1986 (relating to establishment of trust funds) is +amended by adding at the end thereof the following new section: + +``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. + + ``(a) Creation of Trust Fund.--There is established in the Treasury +of the United States a trust fund to be known as the `Mental Health and +Substance Abuse Benefits Trust Fund', consisting of such amounts as may +be appropriated or credited to such Trust Fund as provided in this +section or section 9602(b). + ``(b) Transfers to Trust Fund.--There are hereby appropriated to +the Mental Health and Substance Abuse Benefits Trust Fund amounts +equivalent to the additional taxes received in the Treasury under +chapter 51 by reason of the amendments made by sections 2 and 3 of the +Alcohol Tax Equalization Act. + ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health +and Substance Abuse Benefits Trust Fund shall be available, as provided +in appropriation Acts, for purposes of providing mental health and +substance abuse benefits under health care reform legislation hereafter +enacted.'' + (b) Clerical Amendment.--The table of sections for subchapter A of +chapter 98 is amended by adding at the end thereof the following new +item: + + ``Sec. 9512. Mental health and substance + abuse benefits trust fund.''","Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. +Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund.",Alcohol Tax Equalization Act," The Alcohol Tax Equalization Act aims to increase excise taxes on wine and beer to match the alcoholic equivalent taxes on distilled spirits. This includes raising taxes on wines with different alcohol percentages and increasing taxes on beer. The act also includes provisions for floor stocks taxes and indexation of tax rates applicable to alcoholic beverages. Additionally, it establishes the Mental Health and Substance Abuse Benefits Trust Fund, which will receive funds from the additional taxes collected under this act. These funds will be used to provide mental health and substance abuse benefits under future health care reform legislation." +"SECTION 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY + PROJECTS. + + The Secretary of Veterans Affairs may carry out the following major +medical facility projects in fiscal year 2010, with each project to be +carried out in the amount specified for each project: + (1) Construction (including acquisition of land) for the + realignment of services and closure projects at the Department + of Veterans Affairs Medical Center in Livermore, California, in + an amount not to exceed $55,430,000. + (2) Construction of a Multi-Specialty Care Facility in + Walla Walla, Washington, in an amount not to exceed $71,400,00. + (3) Construction (including acquisition of land) for a new + medical facility at the Department of Veterans Affairs Medical + Center in Louisville, Kentucky, in an amount not to exceed + $75,000,000. + +SEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR MEDICAL + FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. + + The Secretary of Veterans Affairs may carry out the following major +medical facility projects in fiscal year 2010: + (1) Replacement of the existing Department of Veterans + Affairs Medical Center in Denver, Colorado, in an amount not to + exceed $800,000,000. + (2) Construction of Outpatient and Inpatient Improvements + in Bay Pines, Florida, in an amount not to exceed $194,400,000. + +SEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY + LEASES. + + The Secretary of Veterans Affairs may carry out the following +fiscal year 2010 major medical facility leases at the locations +specified, in an amount not to exceed the amount shown for that +location: + (1) Anderson, South Carolina, Outpatient Clinic, in an + amount not to exceed $4,774,000. + (2) Atlanta, Georgia, Specialty Care Clinic, in an amount + not to exceed $5,172,000. + (3) Bakersfield, California, Community Based Outpatient + Clinic, in an amount not to exceed $3,464,000. + (4) Birmingham, Alabama, Annex Clinic and Parking Garage, + in an amount not to exceed $6,279,000. + (5) Butler, Pennsylvania, Health Care Center, in an amount + not to exceed $16,482,000. + (6) Charlotte, North Carolina, Health Care Center, in an + amount not to exceed $30,457,000. + (7) Fayetteville, North Carolina, Health Care Center, in an + amount not to exceed $23,487,000. + (8) Huntsville, Alabama, Outpatient Clinic Expansion, in an + amount not to exceed $4,374,000. + (9) Kansas City, Kansas, Community Based Outpatient Clinic, + in an amount not to exceed $4,418,000. + (10) Loma Linda, California, Health Care Center, in an + amount not to exceed $31,154,000 + (11) McAllen, Texas, Outpatient Clinic, in an amount not to + exceed $4,444,000. + (12) Monterey, California, Health Care Center, in an amount + not to exceed $11,628,000. + (13) Montgomery, Alabama, Health Care Center, in an amount + not to exceed $9,943,000. + (14) Tallahassee, Florida, Outpatient Clinic, in an amount + not to exceed $13,165,000. + (15) Winston-Salem, North Carolina, Health Care Center, in + an amount not to exceed $26,986,000. + +SEC. 4. AUTHORIZATION OF APPROPRIATIONS. + + (a) Authorization of Appropriations for Construction.--There is +authorized to be appropriated to the Secretary of Veterans Affairs for +fiscal year 2010 or the year in which funds are appropriated for the +Construction, Major Projects, account-- + (1) $201,830,000 for the projects authorized in section 1; + and + (2) $994,400,000 for the projects authorized in section 2. + (b) Authorization of Appropriations for Medical Facility Leases.-- +There is authorized to be appropriated to the Secretary of Veterans +Affairs for fiscal year 2010 or the year in which funds are +appropriated for the Medical Facilities account $196,227,000 for the +leases authorized in section 3. + (c) Limitation.--The projects authorized in sections 1 and 2 may +only be carried out using-- + (1) funds appropriated for fiscal year 2010 pursuant to the + authorization of appropriations in subsection (a) of this + section; + (2) funds available for Construction, Major Projects, for a + fiscal year before fiscal year 2010 that remain available for + obligation; + (3) funds available for Construction, Major Projects, for a + fiscal year after fiscal year 2010 that remain available for + obligation; + (4) funds appropriated for Construction, Major Projects, + for fiscal year 2010 for a category of activity not specific to + a project; + (5) funds appropriated for Construction, Major Projects, + for a fiscal year before 2010 for a category of activity not + specific to a project; and + (6) funds appropriated for Construction, Major Projects, + for a fiscal year after 2010 for a category of activity not + specific to a project.","Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2010 in: (1) Livermore, California; (2) Walla Walla, Washington; and (3) Louisville, Kentucky. + +Authorizes the Secretary to carry out projects in FY2010, as previously authorized, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and Bay Pines, Florida. + +Authorizes the Secretary to carry out specified major medical facility leases (leases) in Alabama, California, Florida, Georgia, Kansas, North Carolina, Pennsylvania, South Carolina, and Texas. + +Authorizes appropriations for projects and leases authorized under this Act.","A bill to authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2010, and for other purposes."," This document outlines authorizations for major medical facility projects and leases for fiscal year 2010 for the Department of Veterans Affairs (VA). The projects include construction of new facilities, replacement of existing facilities, and leases for outpatient clinics and specialty care clinics. Appropriations are authorized for these projects, with specific amounts allocated for each project or lease. The projects can only be carried out using funds from specified sources, including appropriations for fiscal year 2010 or remaining funds from previous or future fiscal years for specific categories of activity." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Mexican Agricultural Trade +Compliance Act''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) Section 301 of the Trade Act of 1974 provides that, if + the United States Trade Representative determines that the + rights of the United States under any trade agreement are being + denied, the Trade Representative shall take action to enforce + such rights. + (2) The Statement of Administrative Action accompanying the + Uruguay Round Agreements Act provided that the United States + Trade Representative would base any section 301 determination + as to whether there has been a violation or denial of United + States rights under the Uruguay Round Agreements on panel or + Appellate Body findings adopted by the Dispute Settlement Body + of the World Trade Organization. + (3) In a panel report adopted by the Dispute Settlement + Body on January 27, 2000, the Dispute Settlement Body + determined that section 301 of the Trade Act of 1974 is not + inconsistent with United States obligations under the Uruguay + Round Agreements, particularly in light of the decision of the + United States to use section 301 only after exhausting its + rights under the Dispute Settlement Understanding. + (4) On January 28, 2000, a panel of the World Trade + Organization determined that Mexico's antidumping order on high + fructose corn syrup imported from the United States violated + Mexico's commitments under the Uruguay Round Agreements. + (5) On February 24, 2000, the Dispute Settlement Body + adopted the report of the panel. + (6) On April 10, 2000, the United States and Mexico agreed + to a September 22, 2000, deadline for Mexico to come into + compliance with the panel report as adopted by the Dispute + Settlement Body. + (7) On September 20, 2000, just 2 days prior to the date + Mexico had agreed to come into compliance with the panel + report, Mexico issued a revised antidumping threat + determination in an obvious attempt to evade its commitment to + come into compliance with the panel report adopted by the + Dispute Settlement Body. + (8) On June 22, 2001, a panel, convened pursuant to Article + 21.5 of the Dispute Settlement Understanding, found that + Mexico's revised antidumping threat determination failed to + bring Mexico into compliance with its commitments under the + World Trade Organization. + (9) On October 22, 2001, the Appellate Body affirmed the + ruling of the Article 21.5 panel and recommended that Mexico + come into compliance with its obligations under the World Trade + Organization. + (10) On November 21, 2001, the Dispute Settlement Body + adopted the Appellate Body ruling that affirmed the findings of + the Article 21.5 panel. + (11) On January 1, 2002, in a transparent attempt to evade + the determinations of the Dispute Settlement Body regarding + Mexico's antidumping order on high fructose corn syrup, and in + an affront to the rules-based system of the World Trade + Organization, Mexico imposed a de facto discriminatory 20 + percent tax on soft drinks containing high fructose corn syrup, + the intent and effect of which is to continue Mexico's + antidumping order on United States high fructose corn syrup by + other means by restricting access to the Mexican market. + (12) On April 20, 2002, with its discriminatory tax on soft + drinks containing high fructose corn syrup now in place, and in + a continuous event with the imposition of this tax, Mexico + lifted its antidumping order on high fructose corn syrup. + Importantly, Mexico lifted its antidumping order only after + ensuring that imports of United States high fructose corn syrup + would not enter the Mexican market due to the imposition of the + tax on soft drinks. Mexico's lifting of its antidumping order + enabled it to make the disingenuous claim that it had come into + compliance with the findings adopted by the Dispute Settlement + Body regarding Mexico's antidumping order. + (13) The imposition of the tax on soft drinks and the + lifting of the antidumping order by Mexico are related aspects + of a unified effort by Mexico to deny the rights of the United + States with respect to the trade of high fructose corn syrup. + (14) The effects of the import restrictions of Mexico's + antidumping order continue with even more egregious results + through the imposition of a 20 percent tax on high fructose + corn syrup. Imports of high fructose corn syrup from the United + States dropped from 110,893 metric tons in 2001 (the year prior + to the lifting of the antidumping order) to 4,868 metric tons + in 2002 (the first year of the tax). + (15) The United States has exhausted proceedings under the + Dispute Settlement Understanding, and the Dispute Settlement + Body has on more than 1 occasion adopted findings adverse to + Mexico. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Appellate body.--The term ``Appellate Body'' means the + Appellate Body established under Article 17.1 of the Dispute +Settlement Understanding. + (2) Dispute settlement body.--The term ``Dispute Settlement + Body'' has the meaning given that term in section 121(5) of the + Uruguay Round Agreements Act (19 U.S.C. 3531(5)). + (3) Dispute settlement panel; panel.--The terms ``dispute + settlement panel'' and ``panel'' mean a panel established + pursuant to Article 6 of the Dispute Settlement Understanding. + (4) Dispute settlement understanding.--The term ``Dispute + Settlement Understanding'' means the Understanding on Rules and + Procedures Governing the Settlement of Disputes referred to in + section 101(d)(16) of the Uruguay Round Agreements Act (19 + U.S.C. 3511(d)(16)). + (5) GATT 1994.--The term ``GATT 1994'' has the meaning + given such term in section 2(1)(B) of the Uruguay Round + Agreements Act (19 U.S.C. 3501(1)(B). + (6) Uruguay round agreements.--The term ``Uruguay Round + Agreements'' has the meaning given such term in section 2(7) of + the Uruguay Round Agreements Act (19 U.S.C. 3501(7). + (7) World trade organization.--The term ``World Trade + Organization'' means the organization established pursuant to + the WTO Agreement. + (8) WTO agreement.--The term ``WTO Agreement'' means the + Agreement Establishing The World Trade Organization entered + into on April 15, 1994. + +SEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND + AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO + HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO. + + (a) Determination.--Congress determines that-- + (1) the rights of the United States under the Uruguay Round + Agreements are being denied by Mexico in connection with the + imposition by Mexico of a 20 percent tax on soft drinks + containing high fructose corn syrup, an extension by other + means of Mexico's unjustified antidumping order on high + fructose corn syrup from the United States; + (2) the United States has exhausted proceedings under the + Dispute Settlement Understanding; + (3) Mexico's imposition of a tax on high fructose corn + syrup, an extension by other means of its unjustified + antidumping order on high fructose corn syrup from the United + States-- + (A) constitutes an act, policy, or practice by + Mexico that is unjustifiable and burdens or restricts + United States commerce for purposes of section + 304(a)(1) of the Trade Act of 1974 (19 U.S.C. + 2414(a)(1)); and + (B) denies rights to which the United States is + entitled under existing trade agreements with Mexico + for purposes of such section 304; and + (4) unless, a certification described in subsection (b) is + submitted, the United States Trade Representative shall take + appropriate action under subsection (c). + (b) Certification.--The certification described in this subsection +means a certification from the United States Trade Representative +submitted to Congress not later than 30 days after the date of +enactment of this Act that states that Mexico has eliminated its tax on +soft drinks containing high fructose corn syrup and is taking +satisfactory measures to preserve the rights of the United States under +all applicable trade agreements with respect to high fructose corn +syrup. + (c) Action To Be Taken by USTR.--If a certification is not made +under subsection (b), the United States Trade Representative, not later +than 60 days after the date of enactment of this Act and after +consultation with the Committee on Finance of the Senate and the +Committee on Ways and Means of the House of Representatives, shall, +pursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19 +U.S.C. 2411(c)(1) (A) and (B))-- + (1) suspend, withdraw, or prevent the application of, + benefits of trade agreement concessions to carry out a trade + agreement with Mexico; or + (2) impose duties or other import restrictions on the goods + of Mexico, including agricultural products imported from + Mexico, and notwithstanding any other provision of law, fees or + restrictions on the services of, Mexico for such time as the + Trade Representative determines appropriate.","Mexican Agricultural Trade Compliance Act - Determines that U.S. rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the U.S. Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all U.S. trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico.","A bill to direct the United States Trade Representative to enforce United States rights, under certain trade agreements with respect to Mexico, pursuant to title III of the Trade Act of 1974.", The Mexican Agricultural Trade Compliance Act is aimed at addressing the denial of US rights under the Uruguay Round Agreements by Mexico in connection with the imposition of a 20% tax on soft drinks containing high fructose corn syrup. This tax is considered an extension by other means of Mexico's unjustified antidumping order on high fructose corn syrup from the US. The Act requires the US Trade Representative to take appropriate action if Mexico does not eliminate this tax and take satisfactory measures to preserve US rights under trade agreements with respect to high fructose corn syrup. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Secondary Payer Advancement, +Rationalization, and Clarification Act'' or the ``SPARC Act''. + +SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG + SECONDARY CLAIMS RESPONSIBILITY. + + (a) In General.--Section 1860D-2(a)(4) of the Social Security Act +(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: + ``(4) Secondary payor and recovery rights.-- + ``(A) In general.-- + ``(i) Application of secondary payor.--A + prescription drug plan shall be secondary payor + to any valid and collectible payment from a + primary drug plan (as defined in clause (iv)) + until such time as such primary drug plan pays + a final settlement, judgment, or award to an + individual enrolled under the prescription drug + plan with regard to an injury or illness + involved or otherwise terminates its ongoing + responsibility for medical payments with + respect to the individual. + ``(ii) Limitation on parties making + prescription drug plans primary.--A primary + drug plan (as defined in clause (iv), other + than a group health plan or multiemployer or + multiple employer plan of, or contributed to + by, an employer that has 20 or fewer employees + for each working day in each of 20 or more + calendar weeks in the calendar year involved or + the preceding calendar year), a self-insured + plan, a service benefit plan, a managed care + organization, a pharmacy benefit manager, or + other party that, by statute, contract, or + agreement, is legally responsible for payment + of a claim for a covered outpatient drug, in + enrolling an individual or in making any + payments for benefits to the individual or on + the individual's behalf, may not take into + account that the individual is enrolled under a + prescription drug plan under this part or is + eligible for or is provided coverage for + covered part D drugs under this part. + ``(iii) Limitation on secretarial claims + through subrogation.--The Secretary shall not + assert any claim on behalf or against a + prescription drug plan, other than through the + recovery from such a plan of amounts paid + related to a covered part D drug event that has + been repaid to the plan through a subrogation + action. + ``(iv) Primary drug plan defined.--In this + paragraph, the term `primary drug plan' means, + with respect to benefits for covered part D + drugs, a group health plan or large group + health plan (other than a group health plan or + multiemployer or multiple employer plan of, or + contributed to by, an employer that has 20 or + fewer employees for each working day in each of + 20 or more calendar weeks in the calendar year + involved or the preceding calendar year), a + workers' compensation law or plan, an + automobile or liability insurance policy or + plan (including a self-insured plan) or no- + fault insurance insofar as such a plan, law, + policy, or insurance provides such benefits, + insofar as, under the provisions of section + 1862(b)(2), such coverage would be treated as a + primary plan if benefits for covered part D + drugs were treated as benefits under parts A + and B. For purposes of this clause, an entity + that engages in a business, trade, or + profession shall be deemed to have a self- + insured plan if it carries its own risk + (whether by a failure to obtain insurance, or + otherwise) in whole or in part. + ``(B) Recovery.--A prescription drug plan shall be + subrogated (to the extent of payment made under this + part by the plan for any covered part D drug before the + date the plan received notice pursuant to subparagraph + (D)) to any right of an individual or any other entity + to payment, with respect to such covered part D drug, + under a primary drug plan. A subrogation claim may not + be asserted pursuant to this subparagraph by a + prescription drug plan with respect to a payment for a + covered part D drug after the date that is 3 years + after the date such plan receives notice of a payment, + with respect to such covered part D drug, pursuant to + subparagraph (D). Any such subrogation claim shall be + the exclusive legal remedy of the PDP sponsor of the + plan and shall be reduced to take into account the cost + of procuring the judgment or settlement with respect to + such claim if an individual's liability, workers' + compensation, or no-fault claim is disputed. Any costs + or expense incurred by a prescription drug plan related + to recoveries pursuant to this subparagraph shall not + be considered an administrative cost or expense, as + those terms are used in this part. + ``(C) Waiver.--A prescription drug plan may waive + (in whole or in part) the provisions of this paragraph + in the case of an individual claim if the plan + determines that the waiver is in the best interests of + the program established under this part. + ``(D) Coordination of benefits information.--Not + later than 15 days after the date the Secretary + receives information under paragraph (7) or (8) of + section 1862(b) relating to an individual enrolled in a + prescription drug plan during an applicable time, the + Secretary shall provide such information to such + prescription drug plan in a format convenient and + accessible to such plans. The Secretary shall waive any + requirements under this part that a prescription drug + plan establish procedures for determining whether costs + for part D eligible individuals are being reimbursed + through insurance or otherwise or identify payers that + are primary to the program under subparagraph (A)(ii) + other than as required under this paragraph. + ``(E) Coordination of benefits.--A prescription + drug plan shall, in the case of receipt of a notice + pursuant to subparagraph (D) related to an enrollee for + whom a primary drug plan has reported on ongoing + responsibility for medical costs pursuant to paragraph + (7) or (8) of section 1862(b), authorize the provider + of such covered part D drug to charge, in accordance + with the charges allowed under the prescription drug + plan, such primary drug plan for such covered part D + drug related to or arising out of the treatment + accident or injury subject to such notice (other than + payments subject to a claim under subparagraph (B) or + (F)) for the period in which the enrollee remains + enrolled in such plan through the date upon which such + primary drug plan has terminated such ongoing + responsibility for medical payments. + ``(F) Use of website to determine final + reimbursement amount.-- + ``(i) Notification of plans.--Not later + than 10 days after the date the Secretary + receives a notice under section + 1862(b)(2)(B)(vii)(I) relating to an individual + during the period the individual is enrolled in + a prescription drug plan, the Secretary shall + provide such notice to the plan. + ``(ii) Statement by plan.-- + ``(I) In general.--Not later than + 20 days after the date a plan receives + a notice under clause (i), the plan may + provide the Secretary with a statement + of any covered part D drug for which + the plan seeks reimbursement, including + the amount of such reimbursement. + ``(II) Failure to provide + statement.--The prescription drug plan + shall be deemed to have waived its + rights under subparagraph (B)-- + ``(aa) in the case that the + prescription drug plan does not + provide such statement by such + date, with respect to any + covered part D drug provided to + such individual with respect to + such notice; and + ``(bb) in the case that the + prescription drug plan provides + such statement by such date, + with respect to any covered + part D drug provided to such + individual which was not + identified in the notice. + ``(iii) Inclusion of information on + website.--The Secretary shall include any + covered part D drug identified by a + prescription drug plan pursuant to clause (ii) + within the Secretary's statement of + reimbursement amount on the website as + described in section 1862(b)(2)(B)(vii). + ``(iv) Collection.--The Secretary may + collect (on behalf of a prescription drug plan) + the reimbursement amount for covered part D + drugs, as identified pursuant to clause (ii), + from the individual involved or the primary + drug plan pursuant to the procedures set forth + under section 1862(b)(2)(B)(vii). Any such + amounts collected by the Secretary for covered + part D drugs shall be remitted directly by the + Secretary to the appropriate prescription drug + plan that enrolled the individual related to + the notice during the applicable time period + for which such individual was enrolled.''. + (b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security +Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third- +party reimbursement.--'' and inserting ``third-party reimbursement.-- +Solely for the purpose of applying the requirements of subparagraph +(C)(ii):''. + (c) Effective Date.--The amendment made by subsection (a) shall +apply to drugs dispensed in years beginning more than 6 months after +the date of the enactment of this Act.","Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.",SPARC Act," The SPARC Act aims to clarify and rationalize Medicare prescription drug secondary claims responsibility. It defines primary drug plans and outlines limitations on parties that can be considered primary drug plans. The Act also addresses recovery rights for prescription drug plans, subrogation claims, waivers, coordination of benefits information, coordination of benefits, and the use of websites to determine final reimbursement amounts. The amendments apply to drugs dispensed after six months from the enactment of the Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``White House Inspector General Act of +1996''. + +SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE + PRESIDENT. + + (a) Establishment of Office.--Section 11 of the Inspector General +Act of 1978 (5 U.S.C. App.) is amended-- + (1) in paragraph (1) by inserting ``the President (with + respect only to the Executive Office of the President),'' after + ``means''; and + (2) in paragraph (2) by inserting ``the Executive Office of + the President,'' after ``means''. + (b) Appointment of Inspector General.--Not later than 120 days +after the effective date of this Act, the President shall nominate an +individual as the Inspector General of the Executive Office of the +President pursuant to the amendments made by subsection (a). + +SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE + EXECUTIVE OFFICE OF THE PRESIDENT. + + The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- + (1) by redesignating the second section 8G (regarding a + rule of construction) as section 8I; and + (2) by inserting after the first section 8G (regarding + requirements for Federal entities and designated Federal + entities) the following: + +``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE + EXECUTIVE OFFICE OF THE PRESIDENT. + + ``(a) Authority, Direction, and Control of President.-- +Notwithstanding the last 2 sentences of section 3(a), the Inspector +General of the Executive Office of the President shall be under the +authority, direction, and control of the President with respect to +audits or investigations, or the issuance of subpoenas, which require +access to information concerning-- + ``(1) ongoing criminal investigations or proceedings; + ``(2) undercover operations; + ``(3) the identity of confidential sources, including + protected witnesses; + ``(4) deliberations and decisions on policy matters, + including documented information used as a basis for making + policy decisions; + ``(5) intelligence or counterintelligence matters; or + ``(6) other matters the disclosure of which would + constitute a serious threat to the national security, or would + cause significant impairment to the national interests + (including interests in foreign trade negotiations), of the + United States. + ``(b) Prohibiting Activities of Inspector General.--With respect to +information described in subsection (a), the President may prohibit the +Inspector General of the Executive Office of the President from +carrying out or completing any audit or investigation, or issuing any +subpoena, after the Inspector General has decided to initiate, carry +out, or complete such audit or investigation or to issue such subpoena, +if the President determines that-- + ``(1) the disclosure of that information would interfere + with the core functions of the constitutional responsibilities + of the President; and + ``(2) the prohibition is necessary to prevent the + disclosure of that information. + ``(c) Notice.-- + ``(1) Notice to inspector general.--If the President makes + a determination referred to in subsection (b)(1) or (2), the + President shall within 30 days notify the Inspector General in + writing stating the reasons for that determination. + ``(2) Notice to congress.--Within 30 days after receiving a + notice under paragraph (1), the Inspector General shall + transmit a copy of the notice to each of the Chairman and the + ranking minority party member of the Committee on Government + Reform and Oversight of the House of Representatives, the + Committee on Governmental Affairs of the Senate, and other + appropriate committees or subcommittees of the Congress. + ``(d) Semiannual Reports.-- + ``(1) Information to be included.--The Inspector General of + the Executive Office of the President shall include in each + semiannual report to the President under section 5, at a + minimum-- + ``(A) a list of the title or subject of each + inspection, investigation, or audit conducted during + the reporting period; + ``(B) a statement of whether corrective action has + been completed on each significant recommendation + described in previous semiannual reports, and, in a + case where corrective action has been completed, a + description of such corrective action; + ``(C) a certification that the Inspector General + has had full and direct access to all information + relevant to the performance of functions of the + Inspector General; + ``(D) a description of all cases occurring during + the reporting period in which the Inspector General + could not obtain documentary evidence relevant to any + inspection, audit, or investigation due to a + determination of the President under subsection (b); + and + ``(E) such recommendations as the Inspector General + considers appropriate concerning legislation to promote + economy and efficiency in the administration of + programs and operations undertaken by the Executive + Office of the President, and to detect and eliminate + fraud, waste, and abuse in such programs and + operations. + ``(2) Transmission to congress.--Within 30 days after + receiving a semiannual report under section 5 from the + Inspector General of the Executive Office of the President, the + President shall transmit the report to each of the Chairman and + the ranking minority party member of the Committee on + Government Reform and Oversight of the House of Representatives + and the Committee on Governmental Affairs of the Senate with + any comments the President considers appropriate.''. + +SEC. 4. EFFECTIVE DATE. + + This Act shall take effect on January 21, 1997.","White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well.",White House Inspector General Act of 1996," The White House Inspector General Act of 1996 establishes an Inspector General for the Executive Office of the President. This individual is under the authority, direction, and control of the President with respect to audits or investigations that require access to sensitive information. The President may prohibit the Inspector General from carrying out or completing any audit or investigation if they determine that disclosure of that information would interfere with their constitutional responsibilities. The Inspector General must provide semiannual reports to the President, which are then transmitted to Congress with any comments the President considers appropriate. This Act takes effect on January 21, 1997." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Consumer Protection and Choice +Act''. + +SEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS. + + (a) In General.--Chapter 2 of the Truth in Lending Act is amended +by inserting after section 128A (15 U.S.C. 1638A) the following new +section: +``Sec. 128B. Deferred presentment transaction requirements + ``(a) Prohibition on Deferred Presentment Transactions.--A deferred +presentment transaction is prohibited except as authorized by this +section. + ``(b) Regulation of Deferred Presentment Transactions and Deferred +Presentment Providers.--If the Director of the Bureau determines that a +State has in effect a covered deferred presentment law, any regulations +of the Bureau with respect to deferred presentment transactions and +deferred presentment providers shall not apply in such State. + ``(c) Covered Deferred Presentment Law Defined.--For purposes of +this section, the term `covered deferred presentment law' means a law +or regulation of a State that provides for the licensing of deferred +presentment providers and the regulation of deferred presentment +transactions, which may be accomplished through existing State +authority, and that meets the following requirements: + ``(1) Database.--The law or regulation must establish a + database of deferred presentment transactions to assist + deferred presentment providers with complying with the + requirements of this section, which may be operated by a + private company selected by the State. + ``(2) Deferred presentment provider requirements.--The law + or regulation must require a deferred presentment provider to-- + ``(A) be licensed by the State; + ``(B) provide to the State the results of a + background check, including fingerprinting, of each + officer and principal of the deferred presentment + provider; + ``(C) secure a copy of a valid State-issued form of + identification from a consumer before entering into a + deferred presentment transaction; + ``(D) verify through the State deferred presentment + transaction database that a consumer entering into a + deferred presentment transaction with the deferred + presentment provider-- + ``(i) does not have an outstanding deferred + presentment transaction; and + ``(ii) did not have an outstanding deferred + presentment transaction within the previous 24- + hour period; and + ``(E) report to the State deferred presentment + transaction database operator immediately-- + ``(i) upon entering into a deferred + presentment transaction agreement-- + ``(I) the name of the consumer that + provided a check or other payment + instrument for deferred presentment; + ``(II) the consumer's social + security number or employment + authorization alien number; + ``(III) the consumer's address; + ``(IV) the consumer's driver's + license number or identifier from other + valid State-issued form of + identification; + ``(V) the amount of the deferred + presentment transaction; + ``(VI) the date such deferred + presentment transaction is made and the + date on which repayment of the deferred + presentment transaction is due; and + ``(VII) such other information as + the State determines appropriate; and + ``(ii) upon repayment by the consumer of + the amount owed under a deferred presentment + transaction agreement or after such deferred + presentment transaction agreement is otherwise + settled, the date and time on which the amount + owed under such deferred presentment + transaction agreement is satisfied. + ``(3) Deferred presentment transaction agreement + requirements.--The law or regulation must require that the + terms of a deferred presentment transaction agreement-- + ``(A) limit the total amount of all interest and + fees that may be charged to a consumer by a deferred + presentment provider with respect to a deferred + presentment transaction to no more than 10 percent of + the amount of such a deferred presentment transaction + and no more than a $5 processing fee; + ``(B) limit the duration of the deferred + presentment transaction to a period no longer than 31 + days or less than 7 days; + ``(C) limit the amount of the deferred presentment + transaction to no more than $500, exclusive of allowed + fees; + ``(D) be in writing; + ``(E) provide that the consumer shall-- + ``(i) have the right to rescind any + deferred presentment transaction agreement + within the first 24 hours of the deferment + period; and + ``(ii) pay any allowable processing fee + regardless of such rescission; and + ``(F) include such other information as the State + determines to be appropriate. + ``(4) Treatment of past-due amounts.--The law or regulation + must require that if a consumer fails to repay the amount due + pursuant to a deferred presentment transaction agreement by the + contractual repayment date, a deferred presentment provider + shall provide an additional 60-day grace period, without any + additional charge, for the consumer to repay such amount before + the deferred presentment provider may request payment for the + check or other payment instrument or pursue other civil + remedies, subject to the conditions that the grace period + will-- + ``(A) terminate immediately if, before the end of + the 7-day period beginning on the date of the + contractual repayment date, the consumer failed to make + an appointment to attend a course with a consumer + credit counseling agency and inform the deferred + presentment provider of such appointment; and + ``(B) be deemed to have terminated at the end of + the 7-day period beginning on the date of the + contractual repayment date if, before the end of the + 60-day period beginning on the date of the contractual + repayment date, the consumer failed to complete a + course with a consumer credit counseling agency and + inform the deferred presentment provider of the + completion of such course. + ``(d) Compliance.--A deferred presentment transaction that complies +with the requirements of this section and applicable State law shall +not be considered to be an unfair, deceptive, or abusive act or +practice. + ``(e) Effective Date.--The requirements of this section shall take +effect on the date that is 24 months after the date of the enactment of +this section. + ``(f) Definitions.--For purposes of this section: + ``(1) Deferment period.--The term `deferment period' means + the number of days a deferred presentment provider agrees to + wait before depositing, presenting, or redeeming a consumer's + check or other payment instrument under a deferred presentment + transaction agreement. + ``(2) Deferred presentment provider.--The term `deferred + presentment provider' means a person who holds a license to be + a deferred presentment provider in the State in which a + deferred presentment transaction agreement is entered into and + who provides currency or other payment instrument to a consumer + as part of a deferred presentment transaction. + ``(3) Deferred presentment transaction.--The term `deferred + presentment transaction' means a transaction in which currency + or other payment instrument is provided to a consumer in + exchange for a consumer's check or other payment instrument and + an agreement that such consumer's check or other payment + instrument shall be held for a deferment period prior to + presentment, deposit, or redemption. + ``(4) Deferred presentment transaction agreement.--The term + `deferred presentment transaction agreement' means the + underlying agreement establishing a deferred presentment + transaction. + ``(5) Other payment instrument.--The term `other payment + instrument' means a draft, warrant, money order, traveler's + check, or electronic instrument (other than currency). + ``(6) State.--The term `State' means each of the several + States, the District of Columbia, and each territory and + possession of the United States. + ``(7) State deferred presentment transaction database.--The + term `State deferred presentment transaction database' means + the database established by the State that issued the + consumer's form of identification.''. + (b) Clerical Amendment.--The table of contents at the beginning of +chapter 2 of the Truth in Lending Act is amended by inserting after the +item relating to section 128A the following new item: + +``128B. Deferred presentment transaction requirements.''. + +SEC. 3. MORATORIUM AND SAFE HARBOR. + + (a) Moratorium.--The Bureau of Consumer Financial Protection may +not promulgate or enforce any regulation related to deferred +presentment providers with respect to deferred presentment transactions +during the 24-month period beginning on the date of enactment of this +Act. + (b) Safe Harbor.--The Bureau of Consumer Financial Protection may +not impose any additional requirements related to deferred presentment +providers with respect to deferred presentment transactions in a State +if such State has enacted a covered deferred presentment law by the +effective date in subsection (e) of section 128B of the Truth in +Lending Act, as added by section 2(a). + (c) Payday Loans.--The Bureau of Consumer Financial Protection-- + (1) may not regulate payday loans during the 24-month + period beginning on the date of enactment of this Act; and + (2) may regulate payday loans in a State after such period + only if such State has not enacted a covered deferred + presentment law. + (d) Definitions.--For purposes of this section: + (1) TILA definitions.--The terms ``covered deferred + presentment law'', ``deferred presentment provider'', + ``deferred presentment transaction'', and ``State'' shall have + the meanings given such terms under section 128B of the Truth + in Lending Act, as added by section 2(a). + (2) Payday loan.--The term ``payday loan'' means a loan + described under section 1024(a)(1)(E) of Public Law 111-203 (12 + U.S.C. 5514(a)(1)(E)), except that such term does not include a + deferred presentment transaction.","Consumer Protection and Choice Act This bill amends the Truth in Lending Act to prohibit a deferred presentment transaction except as provided under this Act. A ""deferred presentment transaction"" is one in which currency or other payment is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such check or payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. If the Consumer Financial Protection Bureau (CFPB) determines that a state has in effect a law that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, and that meets the requirements specified by this Act, any CFPB regulations concerning such transactions and providers shall not apply in such state. Such a state law must: require a provider to be licensed by the state; establish a transaction database; require a provider to verify through such database that a consumer entering into such a transaction does not have an outstanding transaction; require a provider to report immediately to such database information about each transaction entered into and each transaction paid or settled; require that a transaction agreement be in writing and allow the consumer to rescind the agreement within the first 24 hours; require a transaction agreement to limit the interest and fees to no more that 10% of the transaction amount, the processing fee to $5, the transaction amount to $500, and the duration of the transaction to no less than 7 days and no more than 31 days; and allow a 60-day grace period after the contractual repayment date for a consumer to repay the amount due, subject to early termination if a consumer fails to complete a course with a consumer credit counseling agency. The bill makes these changes effective 24 months after enactment and prohibits the CFPB from establishing or enforcing any regulation governing deferred presentment transactions or payday loans during such period.",Consumer Protection and Choice Act," The Consumer Protection and Choice Act aims to regulate deferred presentment transactions and providers. It prohibits such transactions unless authorized by the state or under specific regulations. The act defines ""covered deferred presentment law"" as state laws that provide for licensing deferred presentment providers and regulating transactions. These laws must establish a database to assist providers with compliance, require providers to be licensed and undergo background checks, and set requirements for deferred presentment transaction agreements. The act also outlines treatment of past-due amounts and compliance requirements for deferred presentment transactions. During the 24 months after enactment, the Bureau of Consumer Financial Protection may not promulgate or enforce regulations related to deferred presentment providers or impose additional requirements on states with covered deferred presentment laws." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Stop Iran From Smuggling Weapons to +Terrorists Act''. + +SEC. 2. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE + MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN + COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR + MEDITERRANEAN SEA. + + (a) Purpose.--The purpose of this section is to authorize +assistance and training to increase maritime security and domain +awareness of foreign countries bordering the Persian Gulf, the Arabian +Sea, or the Mediterranean Sea in order to deter and counter illicit +smuggling and related maritime activity by Iran, including illicit +Iranian weapons shipments. + (b) Authority.-- + (1) In general.--To carry out the purpose of this section + as described in subsection (a), the Secretary of Defense, with + the concurrence of the Secretary of State, is authorized-- + (A) to provide training to the national military or + other security forces of Israel, Bahrain, Saudi Arabia, + the United Arab Emirates, Oman, Kuwait, and Qatar that + have among their functional responsibilities maritime + security missions; and + (B) to provide training to ministry, agency, and + headquarters level organizations for such forces. + (2) Designation.--The provision of assistance and training + under this section may be referred to as the ``Counter Iran + Maritime Initiative''. + (c) Types of Training.-- + (1) Authorized elements of training.--Training provided + under subsection (b)(1)(A) may include the provision of de + minimis equipment, supplies, and small-scale military + construction. + (2) Required elements of training.--Training provided under + subsection (b) shall include elements that promote the + following: + (A) Observance of and respect for human rights and + fundamental freedoms. + (B) Respect for legitimate civilian authority + within the country to which the assistance is provided. + (d) Availability of Funds.--Of the amount authorized to be +appropriated for fiscal year 2018 and available for operation and +maintenance for Defense-wide activities, $50,000,000 shall be available +only for the provision of assistance and training under subsection (b). + (e) Cost Sharing.-- + (1) Sense of congress.--It is the sense of Congress that, + given income parity among recipient countries, the Secretary of + Defense, with the concurrence of the Secretary of State, should + seek, through appropriate bilateral and multilateral + arrangements, payments sufficient in amount to offset any + training costs associated with implementation of subsection + (b). + (2) Cost-sharing agreement.--The Secretary of Defense, with + the concurrence of the Secretary of State, shall negotiate a + cost-sharing agreement with a recipient country regarding the + cost of any training provided pursuant to subsection (b). The + agreement shall set forth the terms of cost sharing that the + Secretary of Defense determines are necessary and appropriate, + but such terms shall not be less than 50 percent of the overall + cost of the training. + (3) Credit to appropriations.--The portion of such cost + sharing received by the Secretary of Defense pursuant to this + subsection may be credited towards appropriations available for + operation and maintenance for Defense-wide activities. + (f) Notice to Congress on Training.--Not later than 15 days before +exercising the authority under subsection (b) with respect to a +recipient country, the Secretary of Defense shall submit to the +appropriate congressional committees a notification containing the +following: + (1) An identification of the recipient country. + (2) A detailed justification of the program for the + provision of the training concerned, and its relationship to + United States security interests. + (3) The budget for the program, including a timetable of + planned expenditures of funds to implement the program, an + implementation timeline for the program with milestones + (including anticipated delivery schedules for any assistance + and training under the program), the military department or + component responsible for management of the program, and the + anticipated completion date for the program. + (4) A description of the arrangements, if any, to support + recipient country sustainment of any capability developed + pursuant to the program, and the source of funds to support + sustainment efforts and performance outcomes to be achieved + under the program beyond its completion date, if applicable. + (5) A description of the program objectives and an + assessment framework to be used to develop capability and + performance metrics associated with operational outcomes for + the recipient force. + (6) Such other matters as the Secretary considers + appropriate. + (g) Definition.--In this section, the term ``appropriate +congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Foreign Relations, and the Committee on Appropriations of the + Senate; and + (2) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Committee on Appropriations of the + House of Representatives. + (h) Termination.--Assistance and training may not be provided under +this section after September 30, 2021.","Stop Iran From Smuggling Weapons to Terrorists Act This bill authorizes the Department of Defense (DOD) to provide training to: (1) the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and (2) ministry, agency, and headquarters level organizations for such forces. Such assistance and training may be referred to as the Counter Iran Maritime Initiative. Such training: (1) may include the provision of de minimis equipment, supplies, and small-scale military construction; and (2) shall include the promotion of human rights and respect for legitimate civilian authority. It is the sense of Congress that DOD should seek payments from such countries to offset training costs. DOD shall negotiate a training cost-sharing agreement with a recipient country that covers at least 50% of related costs.",Stop Iran From Smuggling Weapons to Terrorists Act," The ""Stop Iran From Smuggling Weapons to Terrorists Act"" aims to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, Arabian Sea, or Mediterranean Sea to deter and counter illicit smuggling and related maritime activities by Iran, including illicit Iranian weapons shipments. The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide training to the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have maritime security missions. The provision of assistance and training may be referred to as the ""Counter Iran Maritime Initiative.""" +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``World Trade Center Zone Tax +Incentive Act''. + +SEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE + CENTER AREA. + + (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue +Code of 1986 (relating to New York Liberty Zone benefits) is amended by +adding at the end the following new section: + +``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN + CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW + YORK LIBERTY ZONE. + + ``(a) General Rule.--If there is a qualified headquarters +relocation of an eligible foreign corporation, any qualified +headquarters activities of the corporation conducted in the New York +Liberty Zone shall be treated as conducted outside the United States +for purposes of determining-- + ``(1) the amount of any tax imposed by this chapter, or the + amount of withholding tax under chapter 3, on the corporation, + or + ``(2) whether the corporation has a permanent establishment + within the United States for purposes of any applicable income + tax treaty between the United States and any foreign country. + ``(b) Qualified Headquarters Relocation.--For purposes of this +section-- + ``(1) In general.--The term `qualified headquarters + relocation' means any relocation of an eligible foreign + corporation's qualified headquarters activities to the New York + Liberty Zone but only if the corporation with respect to such + relocation-- + ``(A) before September 11, 2007, enters into a + contract-- + ``(i) under which the corporation agrees to + acquire, lease, sublease, or otherwise occupy + office space located in the New York Liberty + Zone for use in the conduct of the activities + to be relocated, and + ``(ii) which requires a substantial + financial commitment or provides a substantial + cancellation penalty, and + ``(B) before September 11, 2009-- + ``(i) transfers to the New York Liberty + Zone qualified headquarters activities meeting + the requirements of paragraph (2), and + ``(ii) locates employees in the New York + Liberty Zone in accordance with the + requirements of paragraph (3). + ``(2) Transfer of qualified headquarters activities.--The + requirements of this paragraph are met if the transfer of + qualified headquarters activities includes at least the + transfer of a substantial part of the following activities + which the eligible foreign corporation was performing for + members of its expanded affiliated group immediately before the + requirement of paragraph (1)(A) is met: + ``(A) The activities described in clause (ii) of + subsection (c)(2)(A). + ``(B) High-level activities described in clause + (iii) of subsection (c)(2)(A). + ``(C) The activities described in clause (iv) of + subsection (c)(2)(A). + ``(3) Transfer of employees.-- + ``(A) In general.--The requirements of this + paragraph are met if the eligible foreign corporation + locates in the New York Liberty Zone a number of + employees equal to or greater than the lesser of-- + ``(i) 200 employees, or + ``(ii) the greater of-- + ``(I) 10 percent of the employees + of the corporation and the members of + its expanded affiliated group for which + the corporation performs headquarters + activities (as of the date the + requirements of paragraph (1)(B) are + first met), or + ``(II) 50 employees. + ``(B) High-level employees.--The requirements of + this paragraph shall be treated as met only if the + eligible foreign corporation locates in the New York + Liberty Zone at least-- + ``(i) 50 percent of the senior officers of + the corporation, and + ``(ii) 50 percent of the senior business + development personnel of the corporation. + ``(C) Current united states employees not + counted.--For purposes of determining whether the + requirements of this paragraph are first met, and + continue to be met during the 2-year period after the + date on which the requirements are first met, there + shall not be taken into account any individual who was + an employee of the eligible foreign corporation or any + member of its expanded affiliated group who was located + in the United States at any time during the 1-year + period ending on the later of-- + ``(i) the date the requirements of + subsection (b)(1)(B) are first met, or + ``(ii) the date the employee is first + located in the New York Liberty Zone. + Any period during which an individual was located in + the New York Liberty Zone solely as part of a qualified + headquarters relocation shall not be taken into account + for purposes of the preceding sentence. + ``(D) Located.--An employee shall be treated as + located in the New York Liberty Zone or the United + States for any period if the services performed by the + employee during the period are performed primarily in + the New York Liberty Zone or the United States, + respectively. + ``(c) Eligible Foreign Corporation; Qualified Headquarters +Activities.--For purposes of this section-- + ``(1) Eligible foreign corporation.--The term `eligible + foreign corporation' means a foreign corporation which-- + ``(A) performs qualified headquarters activities + for 1 or more members of an expanded affiliated group + including such corporation, and + ``(B) agrees to furnish to the Secretary (at such + time and in such manner as the Secretary may prescribe) + such information as the Secretary may require to carry + out this section, including the gross revenue of the + corporation derived from qualified headquarters + activities. + ``(2) Qualified headquarters activities.-- + ``(A) In general.--The term `qualified headquarters + activities' means, with respect to any eligible foreign + corporation-- + ``(i) the ownership and management of any + member of the expanded affiliated group of + which it is a member, + ``(ii) the conduct of any treasury function + of a member of the expanded affiliated group of + which it is a member, including the borrowing + of funds, financing of members of the group and + related entities, and investment of excess + corporate funds, but not including the taking + of deposits from, or the making of loans to, + the public, + ``(iii) marketing and branding functions, + ``(iv) senior business management and + development, and + ``(v) any other activity incidental to any + activity described in clauses (i) through (iv). + ``(B) Certain activities previously conducted in + united states not included.-- + ``(i) In general.--Such term shall not + include any activity which the eligible foreign + corporation or any member of its expanded + affiliated group engaged in through an office + or fixed place of business in the United States + at any time during the 3-year period ending on + the date the requirements of subsection + (b)(1)(B) are first met. + ``(ii) Exception for relocation + activities.--The conduct of any activity as + part of a qualified headquarters relocation + shall not be taken into account in determining + whether clause (i) applies to the activity. + ``(iii) Exclusion ceases to apply if + activity not conducted in united states for 5 + years.-- + ``(I) In general.--Clause (i) shall + not apply to any activity conducted in + the New York Liberty Zone during the + taxable year described in subclause + (II) or any succeeding taxable year. + ``(II) Applicable taxable year.--A + taxable year is described in this + subclause with respect to any activity + if such year is the first taxable year + in which ends a consecutive 5-year + period which begins after the date the + requirements of subsection (b)(1)(B) + are first met and during which the + eligible foreign corporation or any + member of its expanded affiliated group + did not engage in such activity through + an office or fixed place of business + within the United States. + ``(iv) Special rules for acquired + entities.-- + ``(I) In general.--If an acquired + entity engaged in an activity described + in subparagraph (A) through an office + or fixed place of business in the + United States (other than an activity + which was a qualified headquarters + activity of the acquired entity for + purposes of subsection (a)) at any time + during the 1-year period preceding the + first date on which the acquired entity + became a member of the expanded + affiliated group of the eligible + foreign corporation, such activity + shall be treated as an activity engaged + in by the eligible foreign corporation + on the day preceding the first day the + requirements of subsection (b)(1)(B) + are met. + ``(II) Activities not conducted in + united states for 5 years.--If + subclause (I) applies to an activity, + clause (iii) shall be applied to the + activity by substituting the date the + acquired entity became a member of the + expanded affiliated group of the + eligible foreign corporation for the + first day the requirements of + subsection (b)(1)(B) are met. + ``(III) Acquired entity.--The term + `acquired entity' means any corporation + or partnership which became a member of + the eligible foreign corporation's + expanded affiliated group after the +first date the requirements of subsection (b)(1)(B) are met. + ``(v) Predecessor entities.--For purposes + of this subparagraph, any activity conducted by + a predecessor or related person with respect to + a member of an expanded affiliated group shall + be treated as conducted by the member. + ``(d) Termination and Recapture of Tax Benefits.-- + ``(1) In general.--This section shall not apply to any + qualified headquarters activities of an eligible foreign + corporation for any taxable year if the corporation at any time + during the taxable year or any preceding taxable year fails + to-- + ``(A) conduct the qualified headquarters activities + described in subsection (b)(2), or + ``(B) meet the requirements of subsection (b)(3). + The Secretary may waive the application of this paragraph in + the case of a de minimis or inadvertent failure which is + corrected within a reasonable period of time after discovery. + ``(2) Recapture of tax on certain eligible foreign + corporations.-- + ``(A) In general.--In addition to any tax imposed + by this chapter for the first taxable year during which + this section does not apply to an eligible foreign + corporation by reason of paragraph (1), there is hereby + imposed on the eligible foreign corporation a tax equal + to the recapture amount described in subparagraph (B). + ``(B) Recapture amount.-- + ``(i) In general.--The recapture amount + described in this subparagraph shall be the sum + of the amounts determined for each of the 4 + taxable years preceding the first taxable year + to which this section does not apply by reason + of paragraph (1) by multiplying the qualified + tax benefits for each such year by the + following recapture percentage: + +``In the case of-- The recapture percentage is-- + The immediately preceding taxable year........ 80% + The second preceding taxable year............. 60% + The third preceding taxable year.............. 40% + The fourth preceding taxable year............. 20%. + ``(ii) Qualified tax benefits.--For + purposes of this subparagraph, the term + `qualified tax benefits' means, with respect to + any taxable year described in clause (i), an + amount equal to the excess (if any) of-- + ``(I) the amount of the tax + liability which a foreign corporation + would have had for the taxable year + under this chapter and chapter 3 if + this section had not applied, over + ``(II) the amount of such tax + liability for such corporation for such + taxable year without regard to this + paragraph. + ``(C) Interest.-- + ``(i) In general.--In addition to the tax + imposed by subparagraph (A), an eligible + foreign corporation shall pay interest on the + recapture amount. + ``(ii) Calculation of interest.--The amount + of interest under clause (i) shall be + determined-- + ``(I) at the underpayment rate + specified in section 6621, + ``(II) separately for each taxable + year, and + ``(III) for the period beginning on + the due date for the tax return of the + corporation for such taxable year + (without regard to extensions) and + ending on the due date for the tax + return of the corporation for the first + taxable year to which this section + ceases to apply. + ``(e) Expanded Affiliated Group.--For purposes of this section-- + ``(1) In general.--The term `expanded affiliated group' + means an affiliated group as defined in section 1504(a) but + without regard to paragraphs (2) and (3) of section 1504(b), + except that section 1504(a) shall be applied by substituting + `50 percent' for `80 percent' each place it appears. + ``(2) Partnerships.--Such term includes any partnership in + which the eligible foreign corporation or its expanded + affiliated group owns directly or indirectly more than 50 + percent of the capital or profit interests. + ``(f) Regulations.--The Secretary shall prescribe such regulations +as may be necessary or appropriate to carry out the purposes of this +section, including regulations-- + ``(1) which exclude from qualified headquarters activities + any activities of a type not ordinarily performed by a + corporation performing headquarters activities, + ``(2) to apply this section in the case of eligible foreign + corporations that conduct activities in the United States other + than qualified headquarters activities, and + ``(3) which prevent qualified foreign corporations from + expanding the benefits available by reason of this paragraph + through intercompany transactions.'' + (b) Conforming Amendment.--The table of sections for subchapter Y +of chapter 1 of the Internal Revenue Code of 1986 is amended by adding +at the end the following new item: + +``Sec. 1400M. No additional corporate income taxes on foreign + corporations relocating headquarters + operations to New York Liberty Zone.''","World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax; or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country.Sets forth ""qualified headquarters relocation"" criteria with respect to transfers of employees and headquarters activities.Provides for termination and recapture of tax benefits for failure to meet such requirements.Defines ""expanded affiliated group"" for purposes of this Act.",A bill to amend the Internal Revenue Code of 1986 to attract foreign corporations to relocate to the area in New York City surrounding the former World Trade Center.," The World Trade Center Zone Tax Incentive Act aims to provide tax benefits to foreign corporations that relocate their headquarters operations to the New York Liberty Zone. Under this Act, any qualified headquarters activities conducted by an eligible foreign corporation within the New York Liberty Zone are treated as if they were conducted outside the United States for tax purposes. This means that the corporation would not be subject to additional corporate income taxes on those activities. To qualify for this tax treatment, the foreign corporation must meet certain requirements, such as entering into a contract to occupy office space in the New York Liberty Zone and transferring a substantial part of their headquarters activities to the zone. Additionally, the corporation must locate a certain number of employees within the zone. If these requirements are not met or are not maintained, the corporation may be subject to recapture of tax benefits and interest on the recapture amount." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``So No Innocent Person Ever Repeats +the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''. + +SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS. + + (a) Inspections.--Section 923(g)(1) of title 18, United States +Code, is amended-- + (1) in subparagraph (B)(ii)(I), by striking ``once'' and + inserting ``4 times''; + (2) in subparagraph (C)(i), by striking ``once'' and + inserting ``4 times''; + (3) by redesignating subparagraph (D) as subparagraph (E); + and + (4) by inserting after subparagraph (C), the following: + ``(D) If a licensed importer, licensed + manufacturer, licensed dealer, or licensed collector is + found in violation of this chapter, or the related + regulations, the Attorney General shall inspect or + examine the inventory and records of such violator not + less than once each year during the 3 years following + such violation.''. + (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first +sentence by striking ``firearms at his'' and inserting ``firearms and +ammunition, except on .22 caliber rimfire ammunition, at such +licensee's''. + (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United +States Code, is amended-- + (1) in subparagraph (C), by striking ``or'' at the end; + (2) by redesignating subparagraph (D) as subparagraph (E); + and + (3) by inserting after subparagraph (C) the following: + ``(D) willfully violates section 923(g); or''. + +SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS. + + (a) Suspensions.--Section 924 of title 18, United States Code, as +amended by section 2(c), is further amended by adding at the end the +following: + ``(q) A licensed importer, manufacturer, dealer, or collector who +violates any provision of this chapter, or the related regulations, may +be subject to-- + ``(1) the revocation of any applicable license; + ``(2) the suspension of any applicable license; or + ``(3) a fine under this title.''. + (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, +United States Code, is amended by adding at the end the following: + ``(8) If an inspection under paragraph (1) reveals that a licensee +has violated any provision of this chapter, or the related regulations, +the Attorney General shall-- + ``(A) issue a warning letter to the alleged violator, and + maintain a copy of such letter, along with any written report + prepared by the inspector-- + ``(i) in the files of the appropriate Director of + Industry Operations; and + ``(ii) at the headquarters of the Bureau of + Alcohol, Tobacco, Firearms, and Explosives; + ``(B) issue a notice of revocation of the license and + conduct the appropriate proceedings; or + ``(C) issue a notice of revocation, suspension, or + imposition of a civil fine, and conduct the appropriate + proceedings.''. + (c) Timeliness of Enforcement Actions.--The Attorney General shall, +by regulation, require the Director of Industry Operations of the +Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final +decision within 120 days from the date on which a notice of revocation, +suspension, or imposition of a civil fine is mailed to a licensee (as +that term is defined in section 103(j)(1) of the Brady Handgun Violence +Prevention Act (18 U.S.C. 922 note). + (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of +title 18, United States Code, is amended by striking the period at the +end of the first sentence and inserting ``, and shall not postpone the +effective date of such decision unless so ordered by a United States +district court judge or magistrate who has jurisdiction over the +matter.''. + (e) Enforcement Action not Dependent Upon Criminal Conviction.-- +Section 923(f) of title 18, United States Code, is amended by striking +paragraph (4). + +SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS. + + Section 922(b)(3) of title 18, United States Code, is amended by +striking ``(A) shall not apply'' and all that follows through ``and +(B)''. + +SEC. 5. BALLISTICS TESTING OF FIREARMS. + + (a) Short Title.--This section may be cited as the ``Technological +Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''. + (b) Purposes.--The purposes of this section are-- + (1) to increase public safety by assisting law enforcement + in solving more gun-related crimes and offering prosecutors + evidence to link felons to gun crimes through ballistics + technology; + (2) to provide for ballistics testing of all new firearms + for sale to assist in the identification of firearms used in + crimes; + (3) to require ballistics testing of all firearms in + custody of Federal agencies to assist in the identification of + firearms used in crimes; and + (4) to add ballistics testing to existing firearms + enforcement programs. + (c) Definition of Ballistics.--Section 921(a) of title 18, United +States Code, is amended by adding at the end the following: + ``(36) Ballistics.--The term `ballistics' means a comparative +analysis of fired bullets and cartridge casings to identify the firearm +from which bullets and cartridge casings were discharged, through +identification of the unique markings that each firearm imprints on +bullets and cartridge casings.''. + (d) Test Firing and Automated Storage of Ballistics Records.-- + (1) Amendment.--Section 923 of title 18, United States + Code, is amended by adding at the end the following: + ``(m)(1) In addition to the other licensing requirements under this +section, a licensed manufacturer or licensed importer shall-- + ``(A) test fire firearms manufactured or imported by such + licensees as specified by the Attorney General by regulation; + ``(B) prepare ballistics images of the fired bullet and + cartridge casings from the test fire; + ``(C) make the records available to the Attorney General + for entry into the electronic database established under + paragraph (3)(B); and + ``(D) store the fired bullet and cartridge casings in such + a manner and for such a period as specified by the Attorney + General by regulation. + ``(2) Nothing in this subsection creates a cause of action against +any Federal firearms licensee or any other person for any civil +liability except for imposition of a civil penalty under this section. + ``(3)(A) The Attorney General shall assist firearm manufacturers +and importers in complying with paragraph (1) by-- + ``(i) acquiring, installing, and upgrading ballistics + equipment and bullet and cartridge casing recovery equipment to + be placed at locations readily accessible to licensed + manufacturers and importers; + ``(ii) hiring or designating sufficient personnel to + develop and maintain a database of ballistics images of fired + bullets and cartridge casings, research, and evaluation; + ``(iii) providing education about the role of ballistics as + part of a comprehensive firearm crime reduction strategy; + ``(iv) providing for the coordination among Federal, State, + and local law enforcement and regulatory agencies and the + firearm industry to curb firearm-related crime and illegal + firearm trafficking; and + ``(v) taking other necessary steps to make ballistics + testing effective. + ``(B) The Attorney General shall-- + ``(i) establish an electronic database-- + ``(I) through which State and local law enforcement + agencies can promptly access the ballistics records + stored under this subsection, as soon as such + capability is available; and + ``(II) that shall not include any identifying + information regarding dealers, collectors, or + purchasers of firearms; and + ``(ii) require training for all ballistics examiners. + ``(4) The Attorney General shall conduct mandatory ballistics +testing of all firearms obtained or in the possession of their +respective agencies. + ``(5) Not later than 3 years after the date of enactment of this +subsection, and annually thereafter, the Attorney General shall submit +to the Committees on the Judiciary of the Senate and the House of +Representatives a report regarding the implementation of this section, +including-- + ``(A) the number of Federal and State criminal + investigations, arrests, indictments, and prosecutions of all + cases in which access to ballistics records, provided under the + system established under this section and under similar systems + operated by any State, served as a valuable investigative tool + in the prosecution of gun crimes; + ``(B) the extent to which ballistics records are accessible + across jurisdictions; and + ``(C) a statistical evaluation of the test programs + conducted pursuant to paragraph (4). + ``(6) There are authorized to be appropriated to the Department of +Justice $20,000,000 for each of the fiscal years 2005 through 2008 to +carry out this subsection, to be used to-- + ``(A) install ballistics equipment and bullet and cartridge + casing recovery equipment; + ``(B) establish sites for ballistics testing; + ``(C) pay salaries and expenses of necessary personnel; and + ``(D) conduct related research and evaluation.''. + (2) Effective date.-- + (A) In general.--Except as provided in + subparagraphs (A) and (B), the amendment made by + paragraph (1) shall take effect on the date on which + the Attorney General, in consultation with the Board of + the National Integrated Ballistics Information Network, + certifies that the ballistics system used by the + Department of Justice is sufficiently developed to + support mandatory ballistics testing of new firearms. + (B) Ballistics testing.--Section 923(m)(1) of title + 18, United States Code, as added by paragraph (1), + shall take effect 2 years after the date of enactment + of this Act. + (C) Effective on date of enactment.--Section + 923(m)(4) of title 18, United States Code, as added by + paragraph (1), shall take effect on the date of + enactment of this Act. + (e) Privacy Rights of Law Abiding Citizens.--Ballistics information +of individual guns in any form or database established by this section +may not be used for prosecutorial purposes unless law enforcement +officials have a reasonable belief that a crime has been committed and +that ballistics information would assist in the investigation of that +crime. + +SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, + FIREARMS, AND EXPLOSIVES. + + (a) Gun Crime Task Forces.-- + (1) In general.--The Attorney General shall establish, + within each field division of the Bureau of Alcohol, Tobacco, + Firearms, and Explosives, a group of inspectors, agents, and + support personnel to be known as the ``gun crime task force''. + (2) Purpose.--The gun crime task forces established + pursuant to paragraph (1) shall investigate, and assist in the + regulation of, and if appropriate, the prosecution of, + licensees (as that term is defined in section 103(j)(1) of the + Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and + unlicensed dealers, who are suspected of violating chapter 44 + or 96 of title 18, United States Code. + (b) Authorization of Appropriations.-- + (1) Gun crime task forces.--There are authorized to be + appropriated $10,000,000 for each of the fiscal years 2005 + through 2008 to carry out the provisions of subsection (a). + (2) Industry operations.--There are authorized to be + appropriated $25,000,000 for each of the fiscal years 2005 + through 2008 to employ additional inspectors, regulators, and + employees in the Industry Operations field divisions of the + Bureau of Alcohol, Tobacco, Firearms, and Explosives.","So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. + +Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. + +Repeals an exemption from Brady Act requirements involving gun sales to instate residents. + +Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified. + +Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.","A bill to amend title 18 of the United States Code, to enhance the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the compliance of gun dealers with Federal firearms laws, and for other purposes."," The So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act) aims to enhance compliance with firearms record keeping requirements, increase enforcement actions against violators of federal firearms laws, restrict gun sales to in-state residents, and promote ballistics testing for firearms. The Act amends sections of Title 18 of the United States Code to increase inspections of licensed importers, manufacturers, dealers, and collectors who violate firearms regulations. It also introduces penalties for willful violations and allows for the suspension or revocation of licenses. The Act restricts gun sales to in-state residents, requiring background checks for all firearms sales. It also mandates ballistics testing for firearms to assist law enforcement in solving gun-related crimes and linking felons to gun crimes through ballistics technology. The Act establishes an electronic database for ballistics records and authorizes appropriations for gun crime task forces and additional inspectors, regulators, and employees in the Industry Operations field divisions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Wall Street Compensation Reform Act +of 2010''. + +SEC. 2. EXECUTIVE COMPENSATION PAID BY SYSTEMICALLY SIGNIFICANT + FINANCIAL INSTITUTIONS. + + (a) In General.--Subsection (m) of section 162 of the Internal +Revenue Code of 1986 is amended by adding at the end the following new +paragraph: + ``(6) Special rule for application to systemically + significant financial institutions.-- + ``(A) In general.--In the case of an employer which + is a systemically significant financial institution, + this subsection shall apply with the following + modifications: + ``(i) Non-public entities.--Paragraph (1) + shall be applied by substituting `employer' for + `publicly held corporation'. + ``(ii) Covered employees.--Paragraph (3) + shall be applied-- + ``(I) by substituting `such + employee is among the 25 highest + compensated employees' for so much of + subparagraph (B) as precedes `for the + taxable year (other than the chief + executive officer).', and + ``(II) in addition to the + individuals described in such paragraph + (including the individuals described in + subclause (I) of this clause), by + treating any employee whose actions + have a material impact on the risk + exposure of the taxpayer as a covered + employee. + Any employee whose applicable employee + remuneration for the taxable year exceeds + $1,000,000 is presumed to engage in actions + which have a material impact on the risk + exposure of the taxpayer unless the taxpayer + submits an information return to the Secretary + which describes the role and responsibilities + of such employee and the reason such employee + should not be considered to have a material + impact on the risk exposure of the taxpayer. + Such return shall be deemed to have been + approved unless the Secretary notifies the + taxpayer in writing within 90 days of the + submission of such return. For purposes of this + clause, the term `employee' includes employees + within the meaning of section 401(c)(1). + ``(iii) Remuneration payable on commission + basis.--Subparagraph (B) of paragraph (4) shall + not apply. + ``(iv) Deferred deduction executive + remuneration.--In the case of any deferred + deduction executive remuneration (as determined + under rules similar to the rules of paragraph + (5)(F), if executive remuneration for purposes + of such paragraph included remuneration of + covered employees as defined in clause (ii) of + this paragraph, and if the year in which the + applicable services were performed were treated + as an applicable taxable year), rules similar + to the rules of paragraph (5)(A)(ii) shall + apply by substituting `$1,000,000' for + `$500,000'. + ``(B) Systemically significant financial + institution.-- + ``(i) In general.--For purposes of this + paragraph, the term `systemically significant + financial institution' means an entity which + engages primarily in activities which are + financial in nature (as determined under + section 4(k) of the Bank Holding Company Act of + 1956), and which-- + ``(I) owns or controls assets + greater than $25,000,000,000, or + ``(II) owns or controls assets + greater than $10,000,000,000 and + maintains a ratio of debt to equity + which is greater than 20 to 1. + ``(ii) Classification.--A taxpayer which is + a systemically significant financial + institution for any taxable year shall be a + systemically significant financial institution + for purposes of all subsequent taxable years. + ``(C) Special rules for performance-based + compensation.--Remuneration payable solely on account + of the attainment of one or more performance goals + (hereinafter `performance-based remuneration') which is + paid by any systemically significant financial + institution to any covered employee (as determined + under subparagraph (A)(ii)) shall not be excluded under + subparagraph (C) of paragraph (4) from treatment as + applicable employee remuneration unless the following + requirements are met: + ``(i) Performance-based compensation + pool.--The amount and allocation of the + taxpayer's performance-based remuneration for + covered employees are determined by the + compensation committee required under paragraph + (4)(C)(i) by taking into account-- + ``(I) the cost and quantity of + capital required to support the risks + taken by the taxpayer in the conduct of + the financial activities of the + taxpayer, + ``(II) the cost and quantity of the + liquidity risk assumed by the taxpayer + in the conduct of such activities, and + ``(III) the timing and likelihood + of potential future revenues from such + activities. + ``(ii) Material terms.--The material terms + of performance-based remuneration paid to + covered employees specify that-- + ``(I) not less than 50 percent of + such remuneration must vest no earlier + than 5 years after the date of payment, + ``(II) the proportion of such + remuneration payable under vesting + arrangements must increase based on the + level of seniority or responsibility of + the employee, + ``(III) such remuneration payable + under vesting arrangements must vest on + a basis no faster than pro rata over + the specified number of years of such + arrangement (not to be less than 5), + ``(IV) such remuneration is + contingent on a formal agreement + between the taxpayer and the employee + which forbids the use of personal + hedging strategies, remuneration- + related insurance, or liability-related + insurance which undermines the risk + alignment effects of this paragraph, + ``(V) in the case of an employer + which is a publicly held corporation, + not less than 50 percent of such + remuneration must be in the form of + stock in the employer, and + ``(VI) in the case of remuneration + paid to a chief executive officer or + chief financial officer (if such chief + financial officer is a covered + employee) of a publicly held + corporation, such remuneration must be + subject to substantial forfeiture + requirements in the event the taxpayer + is required to prepare an accounting + restatement due to material + noncompliance, as a result of + misconduct, with any financial + reporting requirement under Federal + securities laws. + For purposes of this clause, the date on which + remuneration is deemed to have vested is the + first date on which such remuneration is not + subject to a substantial risk of forfeiture + (within the meaning of section 409A(d)(4)). + ``(D) Special rule for performance-based + compensation paid by non-public entities.--In the case + of a systemically significant financial institution + which is not a publicly held corporation, in addition + to the requirements of subparagraph (C), paragraph + (4)(C) shall be applied by substituting the following + for clauses (i) through (iii) thereof: + ``(i) the taxpayer commissions an annual, + external review of its compensation policies + and practices, including an examination and + analysis of the taxpayer's compliance with the + requirements of this subsection, and + ``(ii) the taxpayer obtains certification + from an unrelated third party commissioned to + evaluated compensation practices that + performance goals and other material terms + under which the remuneration is to be paid are + satisfied before any payment of such + remuneration is made.'. + For purposes of the preceding sentence, all persons + treated as a single employer under subsection (a) or + (b) of section 52 or subsection (b) or (c) of section + 414 shall be treated as related taxpayers. + ``(E) Coordination with rules for employers + participating in the troubled assets relief program.-- + In the case of any systemically significant financial + institution to which paragraph (5) applies for any + taxable year, this paragraph shall not apply to any + payment of remuneration to which such paragraph + applies. + ``(F) Regulatory authority.--Not later than 180 + days after the date of the enactment of this paragraph, + the Secretary shall prescribe such guidance, rules, or + regulations of general applicability as are necessary + to carry out the purposes of this paragraph, + including-- + ``(i) the method for valuing assets for + purposes of subparagraph (B)(i), + ``(ii) the method for calculating the ratio + described in subparagraph (B)(i)(II), + ``(iii) criteria for use in determining + whether the actions of an employee have a + material impact on the risk exposure of the + taxpayer, and for determining what constitutes + a substantial forfeiture requirement with + respect to executive remuneration, + ``(iv) criteria for determining whether a + remuneration agreement constitutes a hedging + strategy, and + ``(v) anti-abuse rules to prevent the + avoidance of the purposes of this paragraph, + including by use of independent contractors. + ``(G) Application of paragraph.--This paragraph + shall apply-- + ``(i) in the case of an entity which is a + systemically significant financial institution + in calendar 2010, to remuneration for services + performed in calendar years beginning after + 2010, and + ``(ii) in the case of an entity which + becomes a systemically significant financial + institution in a calender year after 2010, to + remuneration for services performed in calendar + years beginning with the second calendar year + after the year in which such entity first + becomes a systemically significant financial + institution.''. + (b) Conforming Amendment.--Subparagraph (G) of section 162(m)(5) of +the Internal Revenue Code of 1986 is amended by adding at the end the +following: ``Paragraph (6) shall not apply to any payment of +remuneration to which this paragraph applies.''. + (c) Report on Performance-Based Compensation Paid by Publicly Held +Corporations.-- + (1) In general.--Each systemically significant financial + institution which is a publicly held corporation shall submit + to the Chairman of the Securities and Exchange Commission, and + shall make publicly available, an annual report on compensation + policies and practices which describes-- + (A) the process used to develop and modify such + institution's compensation policies, including the + composition and the mandate of such institution's + compensation committee, + (B) the actions taken by such institution to comply + with section 162(m)(6) of the Internal Revenue Code of + 1986, + (C) any additional actions taken to implement the + Principles for Sound Compensation Practices adopted by + the Financial Stability Board established by the G-20 + Finance Ministers and Central Bank Governors, + (D) the most important design characteristics of + such institution's compensation policies, including + criteria used for performance measurement and risk + adjustment, the linkage between pay and performance, + vesting policy and criteria, and the parameters used + for allocating cash versus other forms of remuneration, + (E) aggregate quantitative information on + remuneration paid by such institution, differentiating + between remuneration paid to senior executive officers + and to employees whose actions have a material impact + on the risk exposure of such institution, which + indicates the amounts of remuneration for the financial + year (divided into fixed and variable remuneration) and + the number of employees to which such remuneration was + paid, and + (F) the amount of remuneration paid by such + institution during the financial year preceding the + year of the report which was nondeductible by reason of + section 162(m) of such Code. + (2) Timing of report.--The report required under paragraph + (1) shall be submitted beginning in calendar year 2011 (or, if + later, the calendar year after the year in which an entity + first becomes a systemically significant financial institution + which is a publicly held corporation), at such time during such + year and each subsequent year as the Chairman of the Securities + and Exchange Commission shall specify. + (3) Definitions.--Any term used in this subsection which is + also used in section 162(m)(6) of the Internal Revenue Code of + 1986 shall have the same meaning as when used in such section. + (d) Effective Date.--The amendments made by subsections (a) and (b) +shall apply to remuneration for services performed after December 31, +2010.","Wall Street Compensation Reform Act of 2010 - Amends the Internal Revenue Code to restrict the tax deduction for compensation paid to highly-paid employees of systemically significant financial institutions. Requires such compensation to be performance-based, to vest no earlier than five years after the date of payment, and to consist of 50% employer stock. Prohibits such highly-paid employees from using personal hedging strategies and remuneration or liability-related insurance and requires forfeiture of compensation paid to a chief executive or financial officer of such an institution if an accounting restatement is required due to material noncompliance, as a result of misconduct, with any federal financial reporting requirement. + +Defines a ""systemically significant financial institution"" as an entity which engages primarily in financial activities (as determined under the Bank Holding Company Act of 1956) and which: (1) owns or controls assets greater than $25 billion; or (2) owns or controls assets greater than $10 billion and maintains a ratio of debt to equity greater than 20 to 1. + +Requires each systemically significant financial institution which is a publicly held corporation to make an annual report on its compensation policies and practices to the Securities and Exchange Commission (SEC) and make such report publicly available.",A bill to amend the Internal Revenue Code of 1986 to limit certain executive compensation paid by systemically significant financial institutions., The Wall Street Compensation Reform Act of 2010 aims to amend the Internal Revenue Code to apply specific rules for executive compensation paid by systemically significant financial institutions. These institutions must apply modifications to existing rules for non-public entities and covered employees. The Act also requires systemically significant financial institutions to submit annual reports on their compensation policies and practices to the Securities and Exchange Commission. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rail Merger Reform and Customer +Protection Act''. + +SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW. + + Section 11324(c) of title 49, United States Code, is amended by +striking ``public interest. The Board'' and inserting ``public +interest, except that no transaction shall be approved and authorized +under this section unless the Board finds that the transaction-- + ``(1) will increase competition among rail carriers; + ``(2) will not reduce transportation alternatives available + to current railroad customers; + ``(3) will provide additional transportation alternative + options for railroad customers; + ``(4) will improve service to customers; and + ``(5) is in conformity with the antitrust laws. +The Board shall consult with the Attorney General, and may not make a +finding under paragraph (5) unless the Attorney General agrees with the +finding. The Board''. + +SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION. + + (a) Amendments.--Section 10501(b) of title 49, United States Code, +is amended-- + (1) by inserting ``, except that rail carriers and rail + transportation subject to the jurisdiction of the Board shall + also be subject to the antitrust laws. Application of the + antitrust laws pursuant to the previous sentence shall not + limit or affect the availability of remedies under this part'' + after ``is exclusive''; and + (2) by inserting ``other than the antitrust laws'' after + ``Federal or State law''. + (b) Effect of Prior Orders.--Section 10501 of title 49, United +States Code, is further amended by adding at the end the following new +subsection: + ``(d) All orders, determinations, rules, regulations, permits, +contracts, certificates, licenses, and privileges-- + ``(1) which have been issued, made, granted, or allowed to + become effective by any agency or official thereof pursuant to + chapter 113, or any predecessor statutory provisions, or by a + court of competent jurisdiction; and + ``(2) which are in effect as of the date of the enactment + of the Rail Merger Reform and Customer Protection Act, +shall continue in effect according to their terms until modified, +terminated, superseded, set aside, or revoked by the agency, official, +or court.''. + (c) Definition.--Section 10102 of title 49, United States Code, is +amended-- + (1) by redesignating paragraphs (1) through (10) as + paragraphs (2) through (11), respectively; and + (2) by inserting before paragraph (2), as so redesignated, + the following new paragraph: + ``(1) `antitrust laws' has the meaning given it in + subsection (a) of the first section of the Clayton Act (15 + U.S.C. 12(a)), except that such term includes section 5 of the + Federal Trade Commission Act (15 U.S.C. 45) to the extent such + section 5 applies to unfair methods of competition;''. + +SEC. 4. RATE AGREEMENTS. + + (a) Amendments.--Section 10706 of title 49, United States Code, is +amended-- + (1) in the section heading, by striking ``: exemption from + antitrust laws''; + (2) in subsection (a)(2)(A), by striking ``, and the + Sherman Act'' and all that follows through ``carrying out the + agreement''; + (3) in subsection (a)(3)(B)(ii), by striking ``a Federal + law cited in subsection (a)(2)(A) of this section'' and + inserting ``the antitrust laws''; + (4) by striking the second sentence of subsection (a)(4); + (5) in subsection (a)(5)(A), by striking ``, and the + antitrust laws'' and all that follows through ``carrying out + the agreement''; + (6) by striking the second sentence of subsection (d); and + (7) by striking subsection (e). + (b) Conforming Amendment.--The table of sections for chapter 107 of +title 49, United States Code, is amended by striking ``: exemption from +antitrust laws'' in the item relating to section 10706. + +SEC. 5. SCOPE OF AUTHORITY. + + Section 11321(a) of title 49, United States Code, is amended-- + (1) by inserting ``, except that rail carriers and rail + transportation subject to the jurisdiction of the Board shall + also be subject to the antitrust laws'' after ``is exclusive''; + (2) by striking ``the antitrust laws and from''; and + (3) by inserting ``except for the antitrust laws,'' after + ``and municipal law,''. + +SEC. 6. ELECTION OF REMEDIES. + + Section 11701 of title 49, United States Code, is amended by adding +at the end the following new subsection: + ``(d) A person proceeding against a rail carrier pursuant to +subsection (b) may not proceed against the same rail carrier pursuant +to other Federal or State law, and a person proceeding against a rail +carrier under other Federal or State law may not proceed against a rail +carrier pursuant to subsection (b), with respect to the same claim.''. + +SEC. 7. CLAYTON ACT AMENDMENTS. + + The Clayton Act is amended-- + (1) in section 7 (15 U.S.C. 18)-- + (A) by striking ``Nor shall anything herein'' and + all that follows through ``therein is so acquired.''; + and + (B) by striking ``Surface Transportation Board,''; + (2) in section 11 (15 U.S.C. 21), by striking ``in the + Surface Transportation Board where applicable to common + carriers subject to jurisdiction under subtitle IV of title 49, + United States Code;''; and + (3) in section 16 (15 U.S.C. 26), by striking + ``: Provided, That nothing'' and all that follows through + ``title 49, United States Code''.","Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. +Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. +Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. +Amends the Clayton Act to conform with this Act.",Rail Merger Reform and Customer Protection Act," The Rail Merger Reform and Customer Protection Act aims to amend various sections of the United States Code to ensure that mergers and acquisitions involving rail carriers are subject to increased scrutiny and regulation. The Act requires the Surface Transportation Board to consider five factors before approving any transaction involving rail carriers: increased competition, availability of transportation alternatives for customers, additional transportation alternative options for customers, improved service to customers, and conformity with antitrust laws. The Board must consult with the Attorney General on antitrust law matters. The Act also amends rate agreements, scope of authority, and election of remedies to ensure that rail carriers are subject to antitrust laws." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Home Energy Savings Incentives Act +of 2005''. + +SEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY. + + (a) In General.--Section 25C of the Internal Revenue Code of 1986 +is amended to read as follows: + +``SEC. 25C. NONBUSINESS ENERGY PROPERTY. + + ``(a) Allowance of Credit.--In the case of an individual, there +shall be allowed as a credit against the tax imposed by this chapter +for the taxable year an amount equal to the sum of-- + ``(1) $10 for each therm of certified natural gas savings + attributable to qualified energy efficiency expenditures made + during the taxable year, and + ``(2) $0.65 for each kilowatt hour of certified electricity + savings attributable to qualified energy efficiency + expenditures made during the taxable year. + ``(b) Lifetime Limitation.--The credit allowed under this section +with respect to any taxpayer for any taxable year shall not exceed the +excess (if any) of $5,000 over the aggregate credits allowed under this +section with respect to such taxpayer for all prior taxable years. + ``(c) Qualified Energy Efficiency Expenditures.--For purposes of +this section-- + ``(1) In general.--The term `qualified energy efficiency + expenditures' means expenditures made by the taxpayer, after + consultation with a qualified individual described in + subsection (d)(2)(C), for the improvement of a dwelling unit of + the taxpayer located in the United States and used by the + taxpayer as the taxpayer's principal residence. + ``(2) No double benefit for certain expenditures.--The term + `qualified energy efficiency expenditures' shall not include + any expenditure for which a deduction or credit is otherwise + allowed under this chapter. + ``(3) Principal residence.-- + ``(A) In general.--The term `principal residence' + has the same meaning as when used in section 121, + except that-- + ``(i) no ownership requirement shall be + imposed, and + ``(ii) the period for which a building is + treated as used as a principal residence shall + also include the 60-day period ending on the + 1st day on which it would (but for this + subparagraph) first be treated as used as a + principal residence. + ``(B) Manufactured housing.--The term `residence' + shall include a dwelling unit which is a manufactured + home conforming to Federal Manufactured Home + Construction and Safety Standards (24 C.F.R. 3280). + ``(d) Certified Natural Gas Savings; Certified Electricity +Savings.-- + ``(1) In general.-- + ``(A) Certified natural gas savings.--The term + `certified natural gas savings' means, with respect to + any taxable year, the amount, measured in therms on an + average annual basis, which is equal to the excess of-- + ``(i) 85 percent of the amount of natural + gas which would be consumed with respect to the + dwelling unit of the taxpayer if the qualified + energy efficiency expenditures with respect to + such taxable year were not made, as certified + in accordance with paragraph (2), over + ``(ii) the amount of such natural gas + consumption with respect to such dwelling unit + determined by taking into account the qualified + energy efficiency expenditures made during such + taxable year, as certified in accordance with + paragraph (2). + ``(B) Certified electricity savings.--The term + `certified electricity savings' means, with respect to + any taxable year, the amount, measured in kilowatt + hours on an annual basis, which is equal to the excess + of-- + ``(i) 85 percent of the amount of + electricity which would be consumed with + respect to the dwelling unit of the taxpayer if + the qualified energy efficiency expenditures + with respect to such taxable year were not + made, as certified in accordance with paragraph + (2), over + ``(ii) the amount of electricity + consumption with respect to such dwelling unit + determined by taking into account the qualified + energy efficiency expenditures made during such + taxable year, as certified in accordance with + paragraph (2). + ``(2) Certification.-- + ``(A) In general.--The Secretary shall prescribe + the manner and method for the making of certifications + under this paragraph. + ``(B) Procedures.--The Secretary shall include as + part of the certification process procedures for + inspection and testing by qualified individuals + described in subparagraph (C) to ensure compliance of + dwelling units with the requirements of this section. + Such procedures shall be similar to the requirements in + the Mortgage Industry National Accreditation Procedures + for Home Energy Rating Systems. + ``(C) Qualified individuals.--Individuals qualified + to determine compliance shall be only those individuals + who are recognized by an organization certified by the + Secretary for such purposes. + ``(e) Special Rules.--For purposes of this section, rules similar +to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of +section 25D(e) shall apply. + ``(f) Basis Adjustments.--For purposes of this subtitle, if a +credit is allowed under this section with respect to any expenditure +with respect to any property, the increase in the basis of such +property which would (but for this subsection) result from such +expenditure shall be reduced by the amount of the credit so allowed. + ``(g) Termination.--This section shall not apply with respect to +any property placed in service after December 31, 2007.''. + (b) Conforming Amendment.--Section 1016(a)(34) is amended by +striking ``25C(e)'' and inserting ``section 25C(f)''. + (c) Effective Dates.--The amendments made by this section shall +apply to property placed in service after December 31, 2005.","Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years. + +Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit. + + Terminates the credit after December 31, 2007.",A bill to amend the Internal Revenue Code of 1986 to modify the credit for nonbusiness energy property so that the amount of the credit is determined based on the amount of energy savings achieved by the taxpayer.," The Home Energy Savings Incentives Act of 2005 aims to provide tax incentives for individuals who make energy efficiency improvements to their homes. The Act amends Section 25C of the Internal Revenue Code to allow tax credits for certified natural gas savings and electricity savings attributable to qualified energy efficiency expenditures made during the taxable year. The credit amount is equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings. The lifetime limitation for any taxpayer is $5,000 over the aggregate credits allowed for all prior taxable years. The Act also outlines certification procedures for natural gas savings and electricity savings, and includes special rules for property basis adjustments. The Act applies to property placed in service after December 31, 2005, and shall not apply to any property placed in service after December 31, 2007." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Civil Rights Voting Restoration Act +of 2014''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Correctional institution or facility.--The term + ``correctional institution or facility'' means any prison, + penitentiary, jail, or other institution or facility for the + confinement of individuals convicted of criminal offenses, + whether publicly or privately operated, except that such term + does not include any residential community treatment center (or + similar public or private facility). + (2) Election.--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. + (3) Federal office.--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. + (4) Non-violent criminal offense.--The term ``non-violent + criminal offense'' means any offense that is not a crime of + violence (as defined in section 16 of title 18, United States + Code). + (5) Probation.--The term ``probation'' means probation or + parole supervision, imposed by a Federal, State, or local court + or parole board, with or without a condition on the individual + involved concerning-- + (A) the individual's freedom of movement; + (B) the payment of damages by the individual; + (C) periodic reporting by the individual to an + officer of the court or parole board; or + (D) supervision of the individual by an officer of + the court or parole board. + +SEC. 3. RIGHTS OF CITIZENS. + + (a) Right To Vote.--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 the individual has been convicted of a +non-violent criminal offense, unless, at the time of the election, the +individual-- + (1) is serving a sentence in a correctional institution or + facility; or + (2) subject to subsection (b), is serving a term of + probation. + (b) Restoration of Voting Rights for Individuals on Probation.--An +individual who is serving a term of probation shall have the right to +vote restored in any election for Federal office-- + (1) on the date on which the term of probation ends, if the + term of probation is less than 1 year; or + (2) on the date that is 1 year after the date on which the + individual begins serving the term of probation, if the term of + probation is 1 year or longer. + (c) Effective Date.--This section shall take effect 1 year after +the date of enactment of this Act. + +SEC. 4. ATTORNEY GENERAL DESIGNATION. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Attorney General shall determine which criminal +offenses under Federal law and the laws of each State are non-violent +criminal offenses and establish a list of all such offenses. + (b) Requirements.--The list established under subsection (a) shall +be-- + (1) made publically available, in a searchable format, on + the website of the Department of Justice; and + (2) updated no less frequently than every year. + +SEC. 5. 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) In general.--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) Relief.--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) Exception.--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. 6. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. + + (a) State Notification.-- + (1) Notification.--On the date determined under paragraph + (2), each State shall notify in writing any individual who has + been convicted of a non-violent criminal offense under the law + of that State that the individual has, pursuant to this Act, + the right to vote in an election for Federal office and to + register to vote in any such election, subject to section 7(c). + (2) Date of notification.-- + (A) Felony conviction.--In the case of such an + individual who has been convicted of a felony, the + notification required under paragraph (1) shall be + given on the date on which the individual-- + (i) is sentenced to serve only a term of + probation; or + (ii) is released from the custody of that + State (other than to the custody of another + State or the Federal Government to serve a term + of imprisonment for a felony conviction). + (B) Misdemeanor conviction.--In the case of such an + individual who has been convicted of a misdemeanor, the + notification required under paragraph (1) shall be + given on the date on which the individual is sentenced + by a State court. + (b) Federal Notification.-- + (1) Notification.--On the date determined under paragraph + (2), the Director of the Bureau of Prisons shall notify in + writing any individual who has been convicted of a non-violent + criminal offense under Federal law that the individual has, + pursuant to this Act, the right to vote in an election for + Federal office and to register to vote in any such election, + subject to section 7(c). + (2) Date of notification.-- + (A) Felony conviction.--In the case of such an + individual who has been convicted of a felony, the + notification required under paragraph (1) shall be + given on the date on which the individual-- + (i) is sentenced to serve only a term of + probation by a court established by an Act of + Congress; or + (ii) is released from the custody of the + Bureau of Prisons (other than to the custody of + a State to serve a term of imprisonment for a + felony conviction). + (B) Misdemeanor conviction.--In the case of such an + individual who has been convicted of a misdemeanor, the + notification required under paragraph (1) shall be + given on the date on which the individual is sentenced + by a State court. + +SEC. 7. RELATION TO OTHER LAWS. + + (a) State Laws Relating to Voting Rights.--Nothing in this Act +shall be construed to prohibit the States from 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) Certain Federal Acts.--The rights and remedies established by +this Act-- + (1) are in addition to all other rights and remedies + provided by law; and + (2) shall not 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). + (c) State Laws Relating to Voter Registration.--Nothing in this Act +shall be construed to preempt State laws relating to the timing of +voter registration for any election for Federal office. + +SEC. 8. FEDERAL PRISON FUNDS. + + (a) In General.--No State, unit of local government, or other +person may receive or use, to construct or otherwise improve a prison, +jail, or other place of incarceration, any Federal grant amounts unless +that person has in effect a program under which each individual +incarcerated in that person's jurisdiction is notified, upon release +from such incarceration, of that individual's rights under section 3. + (b) State Non-Compliance With Notification Requirements.--No State +may receive or use, to construct or otherwise improve a prison, jail, +or other place of incarceration, any Federal grant amounts unless the +State is in compliance with the notification requirements under section +6(a).","Civil Rights Voting Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation. Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year; or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer. Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses. Provides for enforcement of, and remedies for violations of, this Act. Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act. Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act.",Civil Rights Voting Restoration Act of 2014," The Civil Rights Voting Restoration Act of 2014 aims to restore voting rights to individuals who have been convicted of non-violent criminal offenses. It prohibits denying or abridging the right to vote for such individuals unless they are serving a sentence in a correctional institution or on probation. The Act establishes a list of non-violent criminal offenses by the Attorney General and requires public notification of voting rights restoration for individuals who have been convicted of non-violent offenses. The Act also provides enforcement mechanisms, including declaratory or injunctive relief for violations, and prohibits states from using federal prison funds for construction or improvement of incarceration facilities unless they have a program to notify individuals of their voting rights upon release." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Art-in-Architecture Act of 1993''. + +SEC. 2. PURPOSE. + + Congress finds that Federal buildings, through the integration of +permanent works of art with architecture, should engage and represent +the diverse social, cultural, and historic characteristics of the +communities in which the Federal buildings are located and serve. + +SEC. 3. DEFINITIONS. + + As used in this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the General Services Administration or a + designee of the Administrator. + (2) Agency fine arts officer.--The term ``agency fine arts + officer'' means the General Services Administration official + with technical and professional agencywide oversight + responsibility for the fine arts programs of the agency. + (3) Artist.--The term ``artist'' means any individual, + partnership, corporation, association, or other entity that + creates a work of art. + (4) Work of art.--The term ``work of art'' includes a + painting, sculpture, work on paper, literary or poetic + inscription, large-scale crafts (such as mosaics, ceramics, and + tapestries), environmental art, or architectural art integrated + into a building. A work of art is one that exists only in a + single copy unless the Federal Government has given the artist + written permission to fabricate actual size reproductions. + (5) Federal building.--The term ``Federal building'' means + any public building, along with the grounds, approaches, and + appurtenances of the building, under the jurisdiction of the + Administrator, that attracts, or is expected to attract, + significant public use. + (6) Project.--The term ``project'' means an existing or new + building and site, including the art project, and all repair + and alteration construction relating to a building. + (7) Art project.--The term ``art project'' means the + commissioning of works of art by the Administrator. + (8) Art project funding.--The term ``art project funding'' + means the total funds allocated to a project for commissioning + a work of art. + (9) Community representatives.--The term ``community + representatives'' includes art professionals or members of the + lay public invited or in attendance at art project meetings + held by the Administrator to solicit comments on a proposed art + project. + +SEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART. + + (a) Art Funding for New Buildings.-- + (1) In general.--Except as provided in subsection (b), not + less than \1/2\ of 1 percent of the funds made available for + new construction, building purchase, acquisition, or + prospectus-level repair and alteration projects shall be made + available for art projects for the building. + (2) Increase in amount.--The Administrator may increase the + percentage amount specified in paragraph (1) for a project + warranting more artwork, such as a building with exceptional + public space whose architectural character and scale would + accommodate and be significantly enhanced by large-scale, high- + quality artwork. + (3) Exception.--The Administrator may decrease the + percentage amount specified in paragraph (1), specifying + reasons for decreasing the amount, for a project warranting + less artwork such as-- + (A) a building with little or no public use or + access; or + (B) a building with sufficient previously acquired + artwork. + (b) Planning.--The preliminary planning and design of each new +Federal building shall include planning for art commissions. + (c) Commissioning.-- + (1) Authority.--The Administrator shall commission works of + art by living American artists to be placed in Federal + buildings. + (2) Amount of commission.--The commission award shall be + based on a fixed price. + (3) Selection.--In commissioning works of art, the + Administrator shall select artists based upon-- + (A) the artistic merit of the previous work of the + artist; + (B) the estimated value of the proposed work of + art, and the scope, complexity, and professional nature + of the work of art; + (C) the artistic media; + (D) the social, cultural, and aesthetic judgments + of the local and regional community; + (E) the interest in giving expression to the + vitality and diversity of American life; and + (F) the professional review of the agency fine arts + officer. + (d) Procedures.-- + (1) Establishment of procedures.--The Administrator shall + establish such procedures as are necessary to commission works + of art, with an emphasis on the participation of community + representatives. + (2) Failure to negotiate contract.--If the Administrator is + unable to negotiate a satisfactory contract with the selected + artist, negotiations shall be terminated. The Administrator + should undertake negotiations with alternate artists in order + of merit. + (3) Exemption from federal property and administrative + services act.--Commissioning of art under this Act shall not be + subject to title III of the Federal Property and Administrative + Services Act of 1949 (41 U.S.C. 251 et seq.). + (4) Publicity.--The Administrator shall publicize each + prospective art project and shall give artists a reasonable + period of time to respond for consideration. + (e) Maintenance of Artwork.--The Administrator shall provide for +necessary services to maintain and preserve the works of art in a state +of high quality. + (f) Registry of Portfolios.--The agency fine arts officer shall +maintain a registry of portfolios and statements of qualifications for +artists interested in being considered for art projects.","Art-in-Architecture Act of 1993 - Requires at least one half of one percent of funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects to be made available for art projects for each Federal building, except when the Administrator of the General Services Administration or a designee may increase or decrease that percentage under specified conditions. +Requires the preliminary planning and design of each new Federal building to include planning for art commissions. +Directs the Administrator to commission works of art by living American artists to be placed in Federal buildings. +Sets forth requirements for commission amount, selection standards, procedures, artwork maintenance, and registry of portfolios.",Art-in-Architecture Act of 1993," The Art-in-Architecture Act of 1993 aims to integrate permanent works of art with architecture in Federal buildings to represent the diverse social, cultural, and historic characteristics of the communities they serve. The Act requires that at least 0.5% of funds allocated for new construction or repair projects be used for art projects. The Administrator of the General Services Administration is responsible for commissioning works of art by living American artists for Federal buildings. The selection process is based on artistic merit, estimated value, artistic media, community judgments, expression of American life, and professional review by the agency fine arts officer. The Act also requires the Administrator to establish procedures for commissioning art projects with community involvement and to maintain and preserve the artwork." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Spring Mountain Exchange Act of +1998''. + +SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. + + (a) Conveyance by United States.-- + (1) In general.--Subject to subsections (b), (c), and (d) + and notwithstanding any other provision of law, not later than + 90 days after the final determination of lands and interests + subject to exchange under this section, the Secretary of the + Interior shall convey to Rhodes Design and Development + Corporation, subject to any valid existing rights and in + exchange for lands and interests conveyed by the Corporation in + accordance with subsection (b), all right, title, and interest + of the United States in and to approximately 1,463 acres of + Federal lands in the State of Nevada depicted on the map + entitled ``Spring Mountain Land Exchange, Map 1 dated August + ____, 1998''. The Secretary shall make that map available for + public inspection in the offices of the Director of the Las + Vegas District of the Bureau of Land Management. + (2) Determination of lands and interests.--The Secretary + shall determine the lands and interests that are subject to + exchange under this section not later than 90 days after the + date of the enactment of this Act. + (b) Offer and Acceptance.--The Secretary shall make the conveyance +to the Corporation under subsection (a) only if the Corporation conveys +to the United States all right, title, and interest of the Corporation +in and to approximately 490 acres of lands in the State of Nevada +depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated +August ____, 1998''. The Secretary shall make that map available for +public inspection in the offices of the Director of the Las Vegas +District of the Bureau of Land Management. + (c) Equalization Payments.-- + (1) In general.--If the fair market values of lands and + interests exchanged under this section are not equal, the + Secretary shall ensure that they are equalized by the payment + of money to the Secretary or to the Corporation as appropriate + in accordance with section 206(b) of the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1716(b)). + (2) Valuation.--The value of lands and interests shall be + determined for purposes of this section-- + (A) utilizing nationally recognized appraisal + standards; + (B) in accordance with section 206 of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. + 1716(b)); and + (C) without regard to the presence of any species + listed as threatened species or endangered species + under the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.). + (d) Payments to State and Local Government.-- + (1) In general.--The Secretary shall require, as a term of + any conveyance under this section, that the Corporation shall + make direct payments to the State of Nevada and the Southern + Nevada Water Authority in accordance with paragraph (2). Such + payments shall be considered to be a cost incurred by the + Corporation and shall be compensated by the Secretary. + (2) Amount of payment.-- + (A) Payment to state.--The amount paid by the + Corporation to the State of Nevada shall be equal to 5 + percent of the fair market value of the Federal lands + conveyed by the United States under this section (as + determined under subsection (b)), and shall be used by + the State only in the general education program of the + State. + (B) Payment to authority.--The amount paid by the + Corporation to the Southern Nevada Water Authority + shall be equal to 10 percent of the fair market value + of the Federal lands conveyed by the United States + under this section (as determined under subsection + (b)), and shall be used by the Authority only for water + treatment and transmission facility infrastructure in + Clark County, Nevada. + (e) Adjustments to Maps.--The Secretary may make such minor +corrections in the maps referred to in this section as may be agreed +upon by the Secretary and the Corporation, after the Secretary notifies +the Committee on Energy and Natural Resources of the Senate and the +Committee on Resources of the House of Representatives of any such +minor corrections. + (f) Administration of Lands.-- + (1) Cancellation.--If, before the exchange has been carried + out pursuant to subsections (a) and (b), the Corporation + provides written notification to the Secretary that the + Corporation no longer intends to complete the exchange, the + status of the lands and interests otherwise subject to the + exchange shall revert to the status of such lands and interests + as of the day before the date of enactment of this Act, and the + lands and interests shall be managed in accordance with + applicable law and management plans. + (2) Administration of lands acquired by the united + states.--On acceptance of title by the United States, all land + and interests acquired by the United States under this section + that are located within the boundaries of a unit of the + National Forest System, National Park System, National Wildlife + Refuge System, National Wild and Scenic Rivers System, National + Trails System, National Wilderness Preservation System, or any + other system established by an Act of Congress, or within the + boundaries of any national conservation area or national + recreation area established by an Act of Congress-- + (A) shall become part of the unit or area without + further administrative or legislative action; and + (B) shall be managed in accordance with all laws, + regulations, and land use plans applicable to the unit + or area. + (g) Definitions.--As used in this section: + (1) Corporation.--The term ``Corporation'' means the Rhodes + Design and Development Corporation (a corporation established + under the laws of the State of Nevada). + (2) Secretary.--The term ``Secretary'' means the Secretary + of the Interior.","Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.",Spring Mountain Exchange Act of 1998," The Spring Mountain Exchange Act of 1998 is an Act that involves an exchange of lands and mineral interests between the United States and Rhodes Design and Development Corporation. Under this Act, the Secretary of the Interior is required to convey approximately 1,463 acres of Federal lands in Nevada to Rhodes Design and Development Corporation in exchange for approximately 490 acres of lands owned by the Corporation. If the fair market values of the lands exchanged are not equal, the Secretary shall ensure that they are equalized by paying money to either the Secretary or the Corporation. Rhodes Design and Development Corporation is also required to make direct payments to the State of Nevada and the Southern Nevada Water Authority as part of the conveyance terms. The Act also outlines provisions for adjustments to maps, cancellation of the exchange, and management of lands acquired by the United States within certain systems or areas." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Improving Support for Missing and +Exploited Children Act of 2017''. + +SEC. 2. FINDINGS. + + Section 402 of the Missing Children's Assistance Act (42 U.S.C. +5771) is amended-- + (1) by amending paragraph (1) to read as follows: + ``(1) each year tens of thousands of children run away, or + are abducted or removed, from the control of a parent having + legal custody without such parent's consent, under + circumstances which immediately place the child in grave + danger;''; + (2) by striking paragraphs (4) and (5); + (3) in paragraph (6) by inserting ``, including child sex + trafficking and sextortion'' after ``exploitation''; + (4) in paragraph (8) by adding ``and'' at the end; + (5) by striking paragraph (9); + (6) by amending paragraph (10) to read as follows: + ``(10) a key component of such programs is the National + Center for Missing and Exploited Children that-- + ``(A) serves as a nonprofit, national resource + center and clearinghouse to provide assistance to + victims, families, child-serving professionals, and the + general public; + ``(B) works with the Department of Justice, the + Federal Bureau of Investigation, the United States + Marshals Service, the Department of the Treasury, the + Department of State, the United States Immigration and + Customs Enforcement, the United States Secret Service, + the United States Postal Inspection Service, other + agencies, and nongovernmental organizations in the + effort to find missing children and to prevent child + victimization; and + ``(C) coordinates with each of the missing children + clearinghouses operated by the 50 States, the District + of Columbia, Puerto Rico, and international + organizations to transmit images and information + regarding missing and exploited children to law + enforcement, nongovernmental organizations, and + corporate partners across the United States and around + the world instantly.''; and + (7) by redesignating paragraphs (6), (7), (8), and (10) as + paragraphs (4), (5), (6), and (7), respectively. + +SEC. 3. DEFINITIONS. + + Section 403 of the Missing Children's Assistance Act (42 U.S.C. +5772) is amended-- + (1) in paragraph (1)-- + (A) by striking ``legal custodian'' each place it + appears and inserting ``parent''; + (B) in subparagraph (A) by striking ``custodian's'' + and inserting ``parent's''; and + (C) in subparagraph (C) by striking the period and + the end and inserting a semicolon; + (2) in paragraph (2) by striking ``and'' at the end; + (3) in paragraph (3) by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following: + ``(4) the term `parent' includes a legal guardian or other + individual standing in loco parentis (such as a grandparent or + stepparent with whom the child lives, or an individual who is + legally responsible for the child's welfare).''. + +SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR. + + Section 404 of the Missing Children's Assistance Act (42 U.S.C. +5773) is amended-- + (1) in subsection (a)-- + (A) in paragraph (3) by striking ``telephone line'' + and inserting ``hotline''; and + (B) in paragraph (6)(E)-- + (i) by striking ``telephone line'' and + inserting ``hotline''; + (ii) by striking ``(b)(1)(A) and'' and + inserting ``(b)(1)(A),''; and + (iii) by inserting ``, and the number and + types of reports to the tipline established + under subsection (b)(1)(K)(i)'' before the + semicolon at the end; + (2) in subsection (b)(1)-- + (A) in subparagraph (A)-- + (i) by striking ``telephone line'' each + place it appears and inserting ``hotline''; and + (ii) by striking ``legal custodian'' and + inserting ``parent''; + (B) in subparagraph (C)-- + (i) in clause (i)-- + (I) by striking ``restaurant'' and + inserting ``food''; and + (II) by striking ``and'' at the + end; + (ii) in clause (ii) by adding ``and'' at + the end; and + (iii) by adding at the end the following: + ``(iii) innovative and model programs, + services, and legislation that benefit missing + and exploited children;''; + (C) by striking subparagraphs (E), (F), and (G); + (D) by amending subparagraph (H) to read as + follows: + ``(H) provide technical assistance and training to + families, law enforcement agencies, State and local + governments, elements of the criminal justice system, + nongovernmental agencies, local educational agencies, + and the general public-- + ``(i) in the prevention, investigation, + prosecution, and treatment of cases involving + missing and exploited children; + ``(ii) to respond to foster children + missing from the State child welfare system in + coordination with child welfare agencies and + courts handling juvenile justice and dependency + matters; and + ``(iii) in the identification, location, + and recovery of victims of, and children at + risk for, child sex trafficking;''; + (E) by amending subparagraphs (I), (J), and (K) to + read as follows: + ``(I) provide assistance to families, law + enforcement agencies, State and local governments, + nongovernmental agencies, child-serving professionals, + and other individuals involved in the location and + recovery of missing and abducted children, both + nationally, and in cooperation with the Department of + State, internationally; + ``(J) provide support and technical assistance to + child-serving professionals involved in helping to + recover missing and exploited children by searching + public records databases to help in the identification, + location, and recovery of such children, and help in + the location and identification of potential abductors + and offenders; + ``(K) provide forensic and direct on-site technical + assistance and consultation to families, law + enforcement agencies, child-serving professionals, and + nongovernmental organizations in child abduction and + exploitation cases, including facial reconstruction of + skeletal remains and similar techniques to assist in + the identification of unidentified deceased + children;''; + (F) by striking subparagraphs (L) and (M); + (G) by amending subparagraph (N) to read as + follows: + ``(N) provide training, technical assistance, and + information to nongovernmental organizations relating + to non-compliant sex offenders and to law enforcement + agencies in identifying and locating such + individuals;''; + (H) by striking subparagraph (P); + (I) by amending subparagraph (Q) to read as + follows: + ``(Q) work with families, law enforcement agencies, + electronic service providers, electronic payment + service providers, technology companies, + nongovernmental organizations, and others on methods to + reduce the existence and distribution of online images + and videos of sexually exploited children-- + ``(i) by operating a tipline to provide to + individuals and electronic service providers an + effective means of reporting Internet-related + and other instances of child sexual + exploitation in the areas of-- + ``(I) possession, manufacture, and + distribution of child pornography; + ``(II) online enticement of + children for sexual acts; + ``(III) child sex trafficking; + ``(IV) sex tourism involving + children; + ``(V) extra familial child sexual + molestation; + ``(VI) unsolicited obscene material + sent to a child; + ``(VII) misleading domain names; + and + ``(VIII) misleading words or + digital images on the Internet; + and subsequently to make such reports available + to the appropriate law enforcement agency for + its review and potential investigation; + ``(ii) by operating a child victim + identification program to assist law + enforcement agencies in identifying victims of + child pornography and other sexual crimes to + support the recovery of children from sexually + exploitative situations; and + ``(iii) by utilizing emerging technologies + to provide additional outreach and educational + materials to parents and families;''; + (J) by striking subparagraph (R); + (K) by amending subparagraphs (S) and (T) to read + as follows: + ``(S) develop and disseminate programs and + information to families, child-serving professionals, + law enforcement agencies, State and local governments, + nongovernmental organizations, schools, local + educational agencies, child-serving organizations, and + the general public on-- + ``(i) the prevention of child abduction and + sexual exploitation; + ``(ii) Internet safety, including tips for + social media and cyberbullying; and + ``(iii) sexting and sextortion; and + ``(T) provide technical assistance and training to + local educational agencies, schools, State and local + law enforcement agencies, individuals, and other + nongovernmental organizations that assist with finding + missing and abducted children in identifying and + recovering such children.''; and + (L) by redesignating subparagraphs (H), (I), (J), + (K), (N), (O), (Q), (S), (T), (U), and (V) as + subparagraphs (E) through (O), respectively. + +SEC. 5. GRANTS. + + Section 405 of the Missing Children's Assistance Act (42 U.S.C. +5775) is amended-- + (1) in subsection (a)-- + (A) in paragraph (7) by striking ``(as defined in + section 403(1)(A))''; and + (B) in paragraph (8)-- + (i) by striking ``legal custodians'' and + inserting ``parents''; and + (ii) by striking ``custodians''' and + inserting ``parents'''; and + (2) in subsection (b)(1)(A) by striking ``legal + custodians'' and inserting ``parents''. + +SEC. 6. REPORTING. + + The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is +amended-- + (1) by redesignating sections 407 and 408 as section 408 + and 409, respectively; and + (2) by inserting after section 406 the following: + +``SEC. 407. REPORTING. + + ``(a) Required Reporting.--As a condition of receiving funds under +section 404(b), the grant recipient shall, based solely on reports +received by the grantee and not involving any data collection by the +grantee other than those reports, annually provide to the Administrator +and make available to the general public, as appropriate-- + ``(1) the number of children nationwide who are reported to + the grantee as missing; + ``(2) the number of children nationwide who are reported to + the grantee as victims of non-family abductions; + ``(3) the number of children nationwide who are reported to + the grantee as victims of family abductions; and + ``(4) the number of missing children recovered nationwide + whose recovery was reported to the grantee. + ``(b) Incidence of Attempted Child Abductions.--As a condition of +receiving funds under section 404(b), the grant recipient shall-- + ``(1) track the incidence of attempted child abductions in + order to identify links and patterns; + ``(2) provide such information to law enforcement agencies; + and + ``(3) make such information available to the general + public, as appropriate.''. + + Passed the House of Representatives May 23, 2017. + + Attest: + + KAREN L. HAAS, + + Clerk.","(This measure has not been amended since it was reported to the House on May 4, 2017. Improving Support for Missing and Exploited Children Act of 2017 (Sec. 2) This bill amends the Missing Children's Assistance Act to revise the findings to, among other things, specify that the growing numbers of children who are victims of child sexual exploitation include victims of child sex trafficking and sextortion. (Sec. 3) The bill revises the definition of "missing child" to mean an individual under 18 years of age whose whereabouts are unknown to the individual's parent (currently, legal custodian). It specifies that a parent includes a legal guardian or an individual who functions as a parent (e.g., a grandparent). (Sec. 4) It revises existing functions and duties of the National Center on Missing and Exploited Children (NCMEC) and adds new requirements for the NCMEC, including to: provide training and technical assistance to help families, law enforcement agencies, and other entities respond to missing foster children and identify, locate, and recover child sex trafficking victims; provide forensic and direct on-site technical assistance, including facial reconstruction of skeletal remains, to help families, law enforcement agencies, and other entities identify deceased children; provide training, technical assistance, and information to help law enforcement agencies and nongovernmental organizations identify and locate non-compliant sex offenders; and develop and disseminate programs and information on sexting and sextortion to families, law enforcement agencies, and other entities. (Sec. 6) The NCMEC must make publicly available the annual report on missing children and the incidence of attempted child abductions. ",Improving Support for Missing and Exploited Children Act of 2017," The Improving Support for Missing and Exploited Children Act of 2017 aims to amend the Missing Children's Assistance Act to address the issue of children running away or being abducted from their parents without consent, placing them in grave danger. The Act seeks to improve support for missing and exploited children by amending definitions, updating duties and functions of the Administrator, and providing grants for programs that benefit these children. Additionally, it requires grant recipients to report on the number of missing children, non-family abductions, family abductions, and recovered children nationwide." +"SECTION 1. SHORT TITLE. + This Act may be cited as the ``Gabriella Miller Kids First Research +Act''. +SEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY +CONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE. + (a) Termination of Payments for Conventions; Use of Funds for +Pediatric Research.--Section 9008 of the Internal Revenue Code of 1986 +is amended by adding at the end the following new subsection: + ``(i) Termination of Payments for Conventions; Use of Amounts for +Pediatric Research Initiative.--Effective on the date of the enactment +of the Gabriella Miller Kids First Research Act-- + ``(1) the entitlement of any major party or minor party to a + payment under this section shall terminate; and + ``(2) all amounts in each account maintained for the national + committee of a major party or minor party under this section shall + be transferred to a fund in the Treasury to be known as the `10- + Year Pediatric Research Initiative Fund', which shall be available + only for the purpose provided in section 402A(a)(2) of the Public + Health Service Act, and only to the extent and in such amounts as + are provided in advance in appropriation Acts.''. + (b) Continuation of Priority of Payments From Accounts Over +Payments to Candidates.-- + (1) Availability of payments to candidates.--The third sentence + of section 9006(c) of such Code is amended by striking ``section + 9008(b)(3),'' and inserting ``section 9008(i)(2),''. + (2) Availability of payments from presidential primary matching + payment account.--The second sentence of section 9037(a) of such + Code is amended by striking ``section 9008(b)(3)'' and inserting + ``section 9008(i)(2)''. + (c) Conforming Amendments.-- + (1) Elimination of reports by federal election commission.-- + Section 9009(a) of such Code is amended-- + (A) by adding ``and'' at the end of paragraph (2); + (B) by striking the semicolon at the end of paragraph (3) + and inserting a period; and + (C) by striking paragraphs (4), (5), and (6). + (2) Elimination of penalties.--Section 9012 of such Code is + amended-- + (A) in subsection (a)(1), by striking the second sentence; + (B) in subsection (c), by striking paragraph (2) and + redesignating paragraph (3) as paragraph (2); + (C) in subsection (e)(1), by striking the second sentence; + and + (D) in subsection (e)(3), by striking ``, or in connection + with any expense incurred by the national committee of a major + party or minor party with respect to a presidential nominating + convention''. +SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE. + (a) Allocation of NIH Funds in Common Fund for Pediatric +Research.--Paragraph (7) of section 402(b) of the Public Health Service +Act (42 U.S.C. 282(b)) is amended to read as follows: + ``(7)(A) shall, through the Division of Program Coordination, + Planning, and Strategic Initiatives-- + ``(i) identify research that represents important areas of + emerging scientific opportunities, rising public health + challenges, or knowledge gaps that deserve special emphasis and + would benefit from conducting or supporting additional research + that involves collaboration between 2 or more national research + institutes or national centers, or would otherwise benefit from + strategic coordination and planning; + ``(ii) include information on such research in reports + under section 403; and + ``(iii) in the case of such research supported with funds + referred to in subparagraph (B)-- + ``(I) require as appropriate that proposals include + milestones and goals for the research; + ``(II) require that the proposals include timeframes + for funding of the research; and + ``(III) ensure appropriate consideration of proposals + for which the principal investigator is an individual who + has not previously served as the principal investigator of + research conducted or supported by the National Institutes + of Health; + ``(B)(i) may, with respect to funds reserved under section + 402A(c)(1) for the Common Fund, allocate such funds to the national + research institutes and national centers for conducting and + supporting research that is identified under subparagraph (A); and + ``(ii) shall, with respect to funds appropriated to the Common + Fund pursuant to section 402A(a)(2), allocate such funds to the + national research institutes and national centers for making grants + for pediatric research that is identified under subparagraph (A); + and + ``(C) may assign additional functions to the Division in + support of responsibilities identified in subparagraph (A), as + determined appropriate by the Director;''. + (b) Funding for 10-Year Pediatric Research Initiative.--Section +402A of the Public Health Service Act (42 U.S.C. 282a) is amended-- + (1) in subsection (a)-- + (A) by redesignating paragraphs (1) through (3) as + subparagraphs (A) through (C), respectively, and moving the + indentation of each such subparagraph 2 ems to the right; + (B) by striking ``For purposes of carrying out this title'' + and inserting the following: + ``(1) This title.--For purposes of carrying out this title''; + and + (C) by adding at the end the following: + ``(2) Funding for 10-year pediatric research initiative through + common fund.--For the purpose of carrying out section + 402(b)(7)(B)(ii), there is authorized to be appropriated to the + Common Fund, out of the 10-Year Pediatric Research Initiative Fund + described in section 9008 of the Internal Revenue Code of 1986, and + in addition to amounts otherwise made available under paragraph (1) + of this subsection and reserved under subsection (c)(1)(B)(i) of + this section, $12,600,000 for each of fiscal years 2014 through + 2023.''; and + (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking + ``subsection (a)'' each place it appears and inserting ``subsection + (a)(1)''. + (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds +appropriated pursuant to section 402A(a)(2) of the Public Health +Service Act, as added by subsection (b)-- + (1) shall be used to supplement, not supplant, the funds + otherwise allocated by the National Institutes of Health for + pediatric research; and + (2) notwithstanding any transfer authority in any appropriation + Act, shall not be used for any purpose other than allocating funds + for making grants as described in section 402(b)(7)(B)(ii) of the + Public Health Service Act, as added by subsection (a). + + 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 House on December 11, 2013. Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act. ",Gabriella Miller Kids First Research Act," The Gabriella Miller Kids First Research Act aims to terminate taxpayer financing of political party conventions and use those funds for a 10-Year Pediatric Research Initiative. The Act amends the Internal Revenue Code to transfer funds from national committee accounts to the Treasury for the Pediatric Research Initiative Fund. This fund is available for pediatric research as specified in the Public Health Service Act. The Act also amends the Public Health Service Act to allocate National Institutes of Health (NIH) funds for pediatric research, with milestones, goals, and timeframes for funding research. The Act authorizes appropriations for the 10-Year Pediatric Research Initiative through the Common Fund, with funds supplementing rather than supplanting NIH allocations for pediatric research." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Sexual Harassment Prevention Act of +1993''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--The Congress finds the following: + (1) Sexual harassment in employment persists widely in the + workplace, although it violates title VII of the Civil Rights + Act of 1964 and adversely affects employees. + (2) According to guidelines issued by the Equal Employment + Opportunity Commission in 1980, the most effective tool for + eliminating sexual harassment is prevention. + (3) The United States Merit Systems Protection Board found + in 1981 and 1988 surveys of Federal Government employees that + 42 percent of female employees and 14 percent of male employees + questioned had experienced some kind of harassment in + employment. The American Psychological Association estimates + that at least \1/2\ of all working women have been sexually + harassed at the workplace during their careers. + (4) The vast majority of sexual harassment episodes go + unreported to a supervisory employee or other individual + designated by the employer. Only 5 percent of the Government + employees who indicated in the 1988 Merit Systems Protection + Board survey that they had been harassed filed a formal + complaint or requested an investigation of the harassment. + (5) Sexual harassment has a significant cost for employees + and employers. A 1988 study by Working Woman Magazine shows + that sexual harassment costs a typical ``Fortune 500'' employer + $6,000,000, or $292.53 per employee, each year. The same study + estimates that it is 34 times more expensive for such an + employer to ignore the problem than it is to establish + effective programs and policies to address the problem. + (6) Most job growth over the next decade is expected to + occur in employment by small employers. Sixty-six percent of + the individuals who will enter the work force during this + period are expected to be female. The establishment of programs + and policies in small-business environments, at a low cost to + employers, will be a key prevention priority to reduce sexual + harassment in employment. + (b) Purposes.--The purposes of this Act are-- + (1) to establish workplace requirements that will reduce + the incidence of sexual harassment in employment, + (2) to provide a low-cost system to assist employers to + establish programs and policies to prevent sexual harassment in + employment, + (3) to raise the awareness of employees of the definition + of sexual harassment and of available avenues of redress, and + (4) to increase the authority and capacity of the Equal + Employment Opportunity Commission to assist in preventing + sexual harassment in employment. + +SEC. 3. EMPLOYER REQUIREMENTS. + + (a) Posting of Notice in the Workplace.--Each employer shall post +and keep posted in conspicuous places upon its premises where notices +to employees and applicants for employment are customarily posted, a +notice that shall be prepared or approved by the Commission and shall +set forth-- + (1) the definition of sexual harassment found in section + 1604.11(a) of title 29 of the Code of Federal Regulations (July + 1, 1992), + (2) the fact that sexual harassment in employment is a + violation of title VII of the Civil Rights Act of 1964, + (3) information describing how to file with the Commission + a complaint alleging such harassment, including information on + the time periods within which an alleged victim of + discrimination (including sexual harassment) must file a charge + with the Equal Employment Opportunity Commission, or a State or + local fair employment agency, in order to satisfy the statute + of limitations applicable to claims under title VII, + (4) an address, and the toll-free telephone number, to be + used to contact the Commission regarding such harassment or + compliance with the requirements of this Act, and + (5) such other information as the Commission may require. + (b) Separate Notice to Individual Employees.--Each employer shall +provide annually to each employee separately a written notice that +includes-- + (1) the matters specified in paragraphs (1) through (4) of + subsection (a), + (2) a description of the procedures established by such + employer to resolve allegations of sexual harassment in + employment, and + (3) such other information as the Commission may require. +Such notice shall be provided in a manner that ensures that such +employee actually receives such notice. + (c) Management Information for Supervisory Employees.--Not later +than 60 days after an employer places an individual in a supervisory +employment position or 1 year after the date of the enactment of this +Act, whichever occurs later, such employer shall provide to the +supervisory employee information specifying the responsibilities of, +and the methods to be used by, such employee to ensure that immediate +and corrective action is taken to address allegations of sexual +harassment in employment. + (d) Civil Penalty.--A willful violation of this section shall be +punishable by a civil penalty of not more than $1,000 for each separate +violation. + +SEC. 4. DUTIES OF THE COMMISSION. + + (a) Technical Assistance Materials.--Not later than 180 days after +the date of the enactment of this Act, the Commission shall prepare, +revise from time to time as needed, and make available to employers at +no cost (by publication in the Federal Register or other means)-- + (1) a model notice of the kind required by section 3(a) to + be posted, + (2) a model notice of the kind required by section 3(b) to + be provided to employees, and + (3) voluntary guidelines for the establishment of policies + and procedures by employers to address allegations of + discrimination (including sexual harassment) in employment. + (b) Toll-Free Telephone Number.--Not later than 180 days after the +date of the enactment of this Act, the Commission shall provide a toll- +free telephone number for use by employees and employers in the United +States to obtain-- + (1) information regarding compliance with this Act, and + (2) the model notices and guidelines prepared under + subsection (a). + +SEC. 5. ENFORCEMENT. + + Section 3 shall be enforced-- + (1) by the Commission with respect to violations alleged by + employees as defined in subparagraphs (A), (B), and (E) of + section 6(2), + (2) by the House of Representatives in the manner described + in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 + U.S.C. 60l) with respect to violations alleged by employees as + defined in section 6(2)(C) of this Act, and + (3) by the Senate in the manner described in the Government + Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect + to violations alleged by employees as defined in section + 6(2)(D) of this Act. + +SEC. 6. DEFINITIONS. + + For purposes of this Act-- + (1) the term ``Commission'' means the Equal Employment + Opportunity Commission, + (2) the term ``employee'' means-- + (A) an employee as defined in section 701(f) of the + Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), + (B) an employee referred to in section 717(a) of + such Act (42 U.S.C. 2000e-16(a)), + (C) an employee in an employment position of the + House of Representatives, + (D) a Senate employee as defined in section + 301(c)(1) of the Government Employee Rights Act of 1991 + (2 U.S.C. 1201(c)(1)), or + (E) an employee (other than a Senate employee) in + an employment position of an instrumentality of the + Congress, + (3) the term ``employer'' means-- + (A) an employer as defined in section 701(b) of the + Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), + (B) a Federal entity to which section 717(a) of the + Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) + applies, or + (C) an employing authority of the House of + Representatives, of the Senate, or of an + instrumentality of the Congress, + (4) the term ``instrumentality of the Congress'' means the + Architect of the Capitol, the Congressional Budget Office, the + Office of Technology Assessment, the United States Botanic + Garden, and those units of the Government Printing Office with + positions in the excepted service, and + (5) the term ``sexual harassment'' has the same meaning as + such term has for purposes of title VII of the Civil Rights Act + of 1964 (42 U.S.C. 2000e-2000e-17). + +SEC. 7. EFFECTIVE DATES. + + (a) General Effective Date.--Except as provided in subsection (b), +this Act shall take effect on the date of the enactment of this Act. + (b) Effective Date of Section 3.--Section 3 shall take effect 1 +year after the date of the enactment of this Act.","Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. +Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. +Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. +Prescribes civil penalties for willful violations of this Act. +Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.",Sexual Harassment Prevention Act of 1993," The Sexual Harassment Prevention Act of 1993 aims to reduce sexual harassment in employment by establishing workplace requirements, providing a low-cost system for employers to establish programs and policies to prevent sexual harassment, raising employee awareness, and increasing the authority and capacity of the Equal Employment Opportunity Commission (EEOC) to prevent sexual harassment. Employers are required to post notices about sexual harassment and provide separate notices to employees annually. The EEOC is responsible for preparing technical assistance materials and providing a toll-free telephone number for employees and employers to obtain information regarding compliance with the Act. Violations of the Act are enforced by the EEOC, the House of Representatives, and the Senate." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Gulf Coast Back to Business Act of +2007''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) 43 percent of businesses that close following a natural + disaster never reopen; + (2) an additional 29 percent of businesses close down + permanently within 2 years of a natural disaster; + (3) Hurricane Katrina struck the Gulf Coast of the United + States on August 29, 2005, negatively impacting small business + concerns and disrupting commerce in the States of Louisiana, + Mississippi, and Alabama; + (4) Hurricane Rita struck the Gulf Coast of the United + States on September 24, 2005, negatively impacting small + business concerns and disrupting commerce in the States of + Texas and Louisiana; + (5) according to the United States Chamber of Commerce, + more than 125,000 small- and medium-sized businesses in the + Gulf Coast were disrupted by Hurricane Katrina or Hurricane + Rita; + (6) due to a slow initial Federal response and the + widespread devastation in the affected States, businesses + impacted by Hurricane Katrina are in dire need of increased + access to capital and technical assistance to recover and + prosper; and + (7) without the full recovery and prosperity of affected + businesses, the Gulf Coast and the rest of the United States + will be negatively impacted. + +SEC. 3. DEFINITIONS. + + In this Act-- + (1) the term ``Disaster Area'' means an area in which the + President has declared a major disaster in response to + Hurricane Katrina of 2005 or Hurricane Rita of 2005; + (2) the term ``major disaster'' has the meaning given that + term in section 102 of the Robert T. Stafford Disaster Relief + and Emergency Assistance Act (42 U.S.C. 5122); and + (3) the term ``small business concern'' has the meaning + given that term in section 3 of the Small Business Act (15 + U.S.C. 632). + +SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS. + + (a) In General.--There are authorized to be appropriated to the +Secretary of Commerce $100,000,000 for the Economic Development +Administration of the Department of Commerce to make grants to the +appropriate State government agencies in Louisiana and Mississippi, to +carry out this section. + (b) Disbursement of Funds.-- + (1) In general.--Subject to paragraph (2), the Secretary of + Commerce shall disburse the funds authorized under subsection + (a) as follows: + (A) $75,000,000 to the State of Louisiana. + (B) $25,000,000 to the State of Mississippi. + (2) Proportionate allocation.--Regardless of the amount + appropriated under subsection (a), the amount appropriated + shall be allocated among the States listed in paragraph (1) of + this subsection in direct proportion to the allocation under + that paragraph. + (c) Use of Funds.-- + (1) In general.--Grants awarded to a State under subsection + (a) shall be used by the State to provide grants, which may be + made to any small business concern located in a Disaster Area + that was negatively impacted by Hurricane Katrina of 2005 or + Hurricane Rita of 2005, to assist such small business concern + for the purposes of-- + (A) paying employees; + (B) paying bills, insurance costs, and other + existing financial obligations; + (C) making repairs; + (D) purchasing inventory; + (E) restarting or operating that business in the + community in which it was conducting operations prior + to Hurricane Katrina of 2005 or Hurricane Rita of 2005, + or to a neighboring area or county or parish in a + Disaster Area; + (F) compensating such small business concerns for + direct economic injury suffered as a result of + Hurricane Katrina of 2005 or Hurricane Rita of 2005; or + (G) covering additional costs until that small + business concern is able to obtain funding through + insurance claims, Federal assistance programs, or other + sources. + (2) Criteria.-- + (A) In general.--Notwithstanding any other + provision of law, in making grants under paragraph (1), + a State may use such criteria as the State determines + appropriate, and shall not be required to apply + eligibility criteria for programs administered by the + Federal Government, including the Department of + Commerce. + (B) Exclusion.--In making grants under paragraph + (1), a State may not exclude a small business concern + based on any increase in the revenue of that small + business concern during the 12-month period beginning + on October 1, 2005. + (3) Administrative expenses.--The Department of Commerce + may use not more than $1,500,000 of the funds authorized under + subsection (a) to administer the provision of grants to the + designated States under this subsection. + +SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA. + + (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. +636(b)) is amended by inserting immediately after paragraph (3) the +following: + ``(4) Disaster loans after hurricane katrina or hurricane + rita in a disaster area.-- + ``(A) Definitions.--In this paragraph-- + ``(I) the term `Disaster Area' means an + area in which the President has declared a + major disaster in response to Hurricane Katrina + of 2005 or Hurricane Rita of 2005; and + ``(ii) the term `qualified borrower' means + a person to whom the Administrator made a loan + under this section because of Hurricane Katrina + of 2005 or Hurricane Rita of 2005. + ``(B) Deferment of disaster loan payments.-- + ``(i) In general.--Notwithstanding any + other provision of law, payments of principal + and interest on a loan to a qualified borrower + made before December 31, 2006, shall be + deferred, and no interest shall accrue with + respect to such loan, during the time period + described in clause (ii). + ``(ii) Time period.--The time period for + purposes of clause (i) shall be 1 year from the + later of the date of enactment of this + paragraph or the date on which funds are + distributed under a loan described in clause + (i), but may be extended to 2 years from such + date, at the discretion of the Administrator. + ``(iii) Resumption of payments.--At the end + of the time period described in clause (ii), + the payment of periodic installments of + principal and interest shall be required with + respect to such loan, in the same manner and + subject to the same terms and conditions as + would otherwise be applicable to any other loan + made under this subsection.''. + (b) Increasing Collateral Requirements.-- + (1) In general.--Notwithstanding any other provision of + law, including section 7(c)(6) of the Small Business Act (15 + U.S.C. 636(c)(6)), the Administrator may not require collateral + for any covered loan made by the Administrator. + (2) Definition.--In this subsection, the term ``covered + loan'' means a loan in an amount of not more than $35,000 + made-- + (A) under section 7(b)(1) of the Small Business Act + (15 U.S.C. 636(b)(1)); + (B) as a result of Hurricane Katrina of 2005 or + Hurricane Rita of 2005; and + (C) after the date of enactment of this Act. + +SEC. 6. OTHER PROGRAMS. + + (a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C. +632(p)) is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (D), by striking ``or''; + (B) in subparagraph (E), by striking the period at + the end and inserting ``; or''; and + (C) by adding at the end the following: + ``(F) an area in which the President has declared a + major disaster (as that term is defined in section 102 + of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5122)) as a result of + Hurricane Katrina of August 2005 or Hurricane Rita of + September 2005, during the time period described in + paragraph (8).''; and + (2) by adding at the end the following: + ``(8) Time period.--The time period for the purposes of + paragraph (1)(F)-- + ``(A) shall be the 2-year period beginning on the + later of the date of enactment of this paragraph and + August 29, 2007; and + ``(B) may, at the discretion of the Administrator, + be extended to be the 3-year period beginning on the + later of the date of enactment of this paragraph and + August 29, 2007.''. + (b) Relief From Test Program.--Section 711(d) of the Small Business +Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is +amended-- + (1) by striking ``The Program'' and inserting the + following: + ``(1) In general.--Except as provided in paragraph (2), the + Program''; and + (2) by adding at the end the following: + ``(2) Exception.-- + ``(A) In general.--The Program shall not apply to + any contract related to relief or reconstruction from + Hurricane Katrina of 2005 or Hurricane Rita of 2005 + during the time period described in subparagraph (B). + ``(B) Time period.--The time period for the + purposes of subparagraph (A)-- + ``(I) shall be the 2-year period beginning + on the later of the date of enactment of this + paragraph and August 29, 2007; and + ``(ii) may, at the discretion of the + Administrator, be extended to be the 3-year + period beginning on the later of the date of + enactment of this paragraph and August 29, + 2007.''.","Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita. + +Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans. + +Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes. + +Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes.",To address ongoing small business and homeowner needs in the Gulf Coast States impacted by Hurricane Katrina and Hurricane Rita.," The Gulf Coast Back to Business Act of 2007 aims to provide support to small businesses affected by Hurricanes Katrina and Rita in 2005. It authorizes $100 million for grants to Louisiana and Mississippi to assist small businesses for various purposes such as paying employees, bills, repairs, inventory, restarting operations, or compensating for economic injury caused by the hurricanes. It also amends the Small Business Act to defer loan payments for qualified borrowers affected by the hurricanes for up to two years and allows for increased access to HUBZone designation for businesses in disaster areas." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Internet Freedom Preservation Act''. + +SEC. 2. INTERNET NEUTRALITY. + + Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) +is amended by adding at the end the following: + +``SEC. 12. INTERNET NEUTRALITY. + + ``(a) Duty of Broadband Service Providers.--With respect to any +broadband service offered to the public, each broadband service +provider shall-- + ``(1) not block, interfere with, discriminate against, + impair, or degrade the ability of any person to use a broadband + service to access, use, send, post, receive, or offer any + lawful content, application, or service made available via the + Internet; + ``(2) not prevent or obstruct a user from attaching or + using any device to the network of such broadband service + provider, only if such device does not physically damage or + substantially degrade the use of such network by other + subscribers; + ``(3) provide and make available to each user information + about such user's access to the Internet, and the speed, + nature, and limitations of such user's broadband service; + ``(4) enable any content, application, or service made + available via the Internet to be offered, provided, or posted + on a basis that-- + ``(A) is reasonable and nondiscriminatory, + including with respect to quality of service, access, + speed, and bandwidth; + ``(B) is at least equivalent to the access, speed, + quality of service, and bandwidth that such broadband + service provider offers to affiliated content, + applications, or services made available via the public + Internet into the network of such broadband service + provider; and + ``(C) does not impose a charge on the basis of the + type of content, applications, or services made + available via the Internet into the network of such + broadband service provider; + ``(5) only prioritize content, applications, or services + accessed by a user that is made available via the Internet + within the network of such broadband service provider based on + the type of content, applications, or services and the level of + service purchased by the user, without charge for such + prioritization; and + ``(6) not install or utilize network features, functions, + or capabilities that impede or hinder compliance with this + section. + ``(b) Certain Management and Business-Related Practices.--Nothing +in this section shall be construed to prohibit a broadband service +provider from engaging in any activity, provided that such activity is +not inconsistent with the requirements of subsection (a), including-- + ``(1) protecting the security of a user's computer on the + network of such broadband service provider, or managing such + network in a manner that does not distinguish based on the + source or ownership of content, application, or service; + ``(2) offering directly to each user broadband service that + does not distinguish based on the source or ownership of + content, application, or service, at different prices based on + defined levels of bandwidth or the actual quantity of data flow + over a user's connection; + ``(3) offering consumer protection services (including + parental controls for indecency or unwanted content, software + for the prevention of unsolicited commercial electronic + messages, or other similar capabilities), if each user is + provided clear and accurate advance notice of the ability of + such user to refuse or disable individually provided consumer + protection capabilities; + ``(4) handling breaches of the terms of service offered by + such broadband service provider by a subscriber, provided that + such terms of service are not inconsistent with the + requirements of subsection (a); or + ``(5) where otherwise required by law, to prevent any + violation of Federal or State law. + ``(c) Exception.--Nothing in this section shall apply to any +service regulated under title VI, regardless of the physical +transmission facilities used to provide or transmit such service. + ``(d) Stand-Alone Broadband Service.--A broadband service provider +shall not require a subscriber, as a condition on the purchase of any +broadband service offered by such broadband service provider, to +purchase any cable service, telecommunications service, or IP-enabled +voice service. + ``(e) Implementation.--Not later than 180 days after the date of +enactment of the Internet Freedom Preservation Act, the Commission +shall prescribe rules to implement this section that-- + ``(1) permit any aggrieved person to file a complaint with + the Commission concerning any violation of this section; and + ``(2) establish enforcement and expedited adjudicatory + review procedures consistent with the objectives of this + section, including the resolution of any complaint described in + paragraph (1) not later than 90 days after such complaint was + filed, except for good cause shown. + ``(f) Enforcement.-- + ``(1) In general.--The Commission shall enforce compliance + with this section under title V, except that-- + ``(A) no forfeiture liability shall be determined + under section 503(b) against any person unless such + person receives the notice required by section + 503(b)(3) or section 503(b)(4); and + ``(B) the provisions of section 503(b)(5) shall not + apply. + ``(2) Special orders.--In addition to any other remedy + provided under this Act, the Commission may issue any + appropriate order, including an order directing a broadband + service provider-- + ``(A) to pay damages to a complaining party for a + violation of this section or the regulations hereunder; + or + ``(B) to enforce the provisions of this section. + ``(g) Definitions.--In this section, the following definitions +shall apply: + ``(1) Affiliated.--The term `affiliated' includes-- + ``(A) a person that (directly or indirectly) owns + or controls, is owned or controlled by, or is under + common ownership or control with, another person; or + ``(B) a person that has a contract or other + arrangement with a content, applications, or service + provider relating to access to or distribution of such + content, applications, or service. + ``(2) Broadband service.--The term `broadband service' + means a 2-way transmission that-- + ``(A) connects to the Internet regardless of the + physical transmission facilities used; and + ``(B) transmits information at an average rate of + at least 200 kilobits per second in at least 1 + direction. + ``(3) Broadband service provider.--The term `broadband + service provider' means a person or entity that controls, + operates, or resells and controls any facility used to provide + broadband service to the public, whether provided for a fee or + for free. + ``(4) IP-enabled voice service.--The term `IP-enabled voice + service' means the provision of real-time 2-way voice + communications offered to the public, or such classes of users + as to be effectively available to the public, transmitted + through customer premises equipment using TCP/IP protocol, or a + successor protocol, for a fee (whether part of a bundle of + services or separately) with interconnection capability such + that service can originate traffic to, and terminate traffic + from, the public switched telephone network + ``(5) User.--The term `user' means any residential or + business subscriber who, by way of a broadband service, takes + and utilizes Internet services, whether provided for a fee, in + exchange for an explicit benefit, or for free.''. + +SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES. + + Not later than 270 days after the date of enactment of this Act, +and annually thereafter, the Federal Communications Commission shall +transmit a report to the Committee on Commerce, Science, and +Transportation of the Senate and the Committee on Energy and Commerce +of the House of Representatives on the-- + (1) ability of providers of content, applications, or + services to transmit and send such information into and over + broadband networks; + (2) ability of competing providers of transmission + capability to transmit and send such information into and over + broadband networks; + (3) price, terms, and conditions for transmitting and + sending such information into and over broadband networks; + (4) number of entities that transmit and send information + into and over broadband networks; and + (5) state of competition among those entities that transmit + and send information into and over broadband networks.","Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. + +Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. + +Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.",A bill to amend the Communications Act of 1934 to ensure net neutrality.," The Internet Freedom Preservation Act aims to ensure internet neutrality by amending Title I of the Communications Act of 1934. It requires broadband service providers to not block, discriminate against, or degrade access to lawful content, applications, or services on their networks. Providers must also provide users with information about their access to the internet and the nature of their broadband service. The act prohibits providers from charging based on content type or prioritizing content based on user type. It does not apply to services regulated under Title VI and does not require subscribers to purchase cable or IP-enabled voice services as a condition for broadband service. The Federal Communications Commission is responsible for implementing and enforcing these rules, with specific enforcement procedures outlined in the act." +"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Department of +Energy Laboratory Modernization and Technology Transfer Act of 2015''. + (b) Table of Contents.--The table of contents of this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Savings clause. + TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY + +Sec. 101. Technology transfer and transitions assessment. +Sec. 102. Sense of Congress. +Sec. 103. Nuclear energy innovation. + TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS + +Sec. 201. Agreements for Commercializing Technology pilot program. +Sec. 202. Public-private partnerships for commercialization. +Sec. 203. Inclusion of early-stage technology demonstration in + authorized technology transfer activities. +Sec. 204. Funding competitiveness for institutions of higher education + and other nonprofit institutions. +Sec. 205. Participation in the Innovation Corps program. + TITLE III--ASSESSMENT OF IMPACT + +Sec. 301. Report by Government Accountability Office. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Department.--The term ``Department'' means the + Department of Energy. + (2) National laboratory.--The term ``National Laboratory'' + means a Department of Energy nonmilitary national laboratory, + including-- + (A) Ames Laboratory; + (B) Argonne National Laboratory; + (C) Brookhaven National Laboratory; + (D) Fermi National Accelerator Laboratory; + (E) Idaho National Laboratory; + (F) Lawrence Berkeley National Laboratory; + (G) National Energy Technology Laboratory; + (H) National Renewable Energy Laboratory; + (I) Oak Ridge National Laboratory; + (J) Pacific Northwest National Laboratory; + (K) Princeton Plasma Physics Laboratory; + (L) Savannah River National Laboratory; + (M) Stanford Linear Accelerator Center; + (N) Thomas Jefferson National Accelerator Facility; + and + (O) any laboratory operated by the National Nuclear + Security Administration, but only with respect to the + civilian energy activities thereof. + (3) Secretary.--The term ``Secretary'' means the Secretary + of Energy. + +SEC. 3. SAVINGS CLAUSE. + + Nothing in this Act or an amendment made by this Act abrogates or +otherwise affects the primary responsibilities of any National +Laboratory to the Department. + + TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY + +SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. + + Not later than 1 year after the date of enactment of this Act, and +annually thereafter, 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 report which +shall include-- + (1) an assessment of the Department's current ability to + carry out the goals of section 1001 of the Energy Policy Act of + 2005 (42 U.S.C. 16391), including an assessment of the role and + effectiveness of the Director of the Office of Technology + Transitions; and + (2) recommended departmental policy changes and legislative + changes to section 1001 of the Energy Policy Act of 2005 (42 + U.S.C. 16391) to improve the Department's ability to + successfully transfer new energy technologies to the private + sector. + +SEC. 102. SENSE OF CONGRESS. + + It is the sense of the Congress that the Secretary should encourage +the National Laboratories and federally funded research and development +centers to inform small businesses of the opportunities and resources +that exist pursuant to this Act. + +SEC. 103. NUCLEAR ENERGY INNOVATION. + + Not later than 180 days after the date of enactment of this Act, +the Secretary, in consultation with the National Laboratories, relevant +Federal agencies, and other stakeholders, 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 report assessing the Department's capabilities to +authorize, host, and oversee privately funded fusion and non-light +water reactor prototypes and related demonstration facilities at +Department-owned sites. For purposes of this report, the Secretary +shall consider the Department's capabilities to facilitate privately- +funded prototypes up to 20 megawatts thermal output. The report shall +address the following: + (1) The Department's safety review and oversight + capabilities. + (2) Potential sites capable of hosting research, + development, and demonstration of prototype reactors and + related facilities for the purpose of reducing technical risk. + (3) The Department's and National Laboratories' existing + physical and technical capabilities relevant to research, + development, and oversight. + (4) The efficacy of the Department's available contractual + mechanisms, including cooperative research and development + agreements, work for others agreements, and agreements for + commercializing technology. + (5) Potential cost structures related to physical security, + decommissioning, liability, and other long-term project costs. + (6) Other challenges or considerations identified by the + Secretary, including issues related to potential cases of + demonstration reactors up to 2 gigawatts of thermal output. + + TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS + +SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. + + (a) In General.--The Secretary shall carry out the Agreements for +Commercializing Technology pilot program of the Department, as +announced by the Secretary on December 8, 2011, in accordance with this +section. + (b) Terms.--Each agreement entered into pursuant to the pilot +program referred to in subsection (a) shall provide to the contractor +of the applicable National Laboratory, to the maximum extent determined +to be appropriate by the Secretary, increased authority to negotiate +contract terms, such as intellectual property rights, payment +structures, performance guarantees, and multiparty collaborations. + (c) Eligibility.-- + (1) In general.--Any director of a National Laboratory may + enter into an agreement pursuant to the pilot program referred + to in subsection (a). + (2) Agreements with non-federal entities.--To carry out + paragraph (1) and subject to paragraph (3), the Secretary shall + permit the directors of the National Laboratories to execute + agreements with a non-Federal entity, including a non-Federal + entity already receiving Federal funding that will be used to + support activities under agreements executed pursuant to + paragraph (1), provided that such funding is solely used to + carry out the purposes of the Federal award. + (3) Restriction.--The requirements of chapter 18 of title + 35, United States Code (commonly known as the ``Bayh-Dole + Act'') shall apply if-- + (A) the agreement is a funding agreement (as that + term is defined in section 201 of that title); and + (B) at least 1 of the parties to the funding + agreement is eligible to receive rights under that + chapter. + (d) Submission to Secretary.--Each affected director of a National +Laboratory shall submit to the Secretary, with respect to each +agreement entered into under this section-- + (1) a summary of information relating to the relevant + project; + (2) the total estimated costs of the project; + (3) estimated commencement and completion dates of the + project; and + (4) other documentation determined to be appropriate by the + Secretary. + (e) Certification.--The Secretary shall require the contractor of +the affected National Laboratory to certify that each activity carried +out under a project for which an agreement is entered into under this +section-- + (1) is not in direct competition with the private sector; + and + (2) does not present, or minimizes, any apparent conflict + of interest, and avoids or neutralizes any actual conflict of + interest, as a result of the agreement under this section. + (f) Extension.--The pilot program referred to in subsection (a) +shall be extended until October 31, 2017. + (g) Reports.-- + (1) Overall assessment.--Not later than 60 days after the + date described in subsection (f), the Secretary, in + coordination with directors of the National Laboratories, shall + submit 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 report that-- + (A) assesses the overall effectiveness of the pilot + program referred to in subsection (a); + (B) identifies opportunities to improve the + effectiveness of the pilot program; + (C) assesses the potential for program activities + to interfere with the responsibilities of the National + Laboratories to the Department; and + (D) provides a recommendation regarding the future + of the pilot program. + (2) Transparency.--The Secretary, in coordination with + directors of the National Laboratories, shall submit to the + Committee on Science, Space, and Technology of the House of + Representatives and the Committee on Energy and Natural + Resources of the Senate an annual report that accounts for all + incidences of, and provides a justification for, non-Federal + entities using funds derived from a Federal contract or award + to carry out agreements pursuant to this section. + +SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. + + (a) In General.--Subject to subsections (b) and (c), the Secretary +shall delegate to directors of the National Laboratories signature +authority with respect to any agreement described in subsection (b) the +total cost of which (including the National Laboratory contributions +and project recipient cost share) is less than $1,000,000, if such an +agreement falls within the scope of-- + (1) a strategic plan for the National Laboratory that has + been approved by the Department; or + (2) the most recent Congressionally approved budget for + Department activities to be carried out by the National + Laboratory. + (b) Agreements.--Subsection (a) applies to-- + (1) a cooperative research and development agreement; + (2) a non-Federal work-for-others agreement; and + (3) any other agreement determined to be appropriate by the + Secretary, in collaboration with the directors of the National + Laboratories. + (c) Administration.-- + (1) Accountability.--The director of the affected National + Laboratory and the affected contractor shall carry out an + agreement under this section in accordance with applicable + policies of the Department, including by ensuring that the + agreement does not compromise any national security, economic, + or environmental interest of the United States. + (2) Certification.--The director of the affected National + Laboratory and the affected contractor shall certify that each + activity carried out under a project for which an agreement is + entered into under this section does not present, or minimizes, + any apparent conflict of interest, and avoids or neutralizes + any actual conflict of interest, as a result of the agreement + under this section. + (3) Availability of records.--Within 30 days of entering an + agreement under this section, the director of a National + Laboratory shall submit to the Secretary for monitoring and + review all records of the National Laboratory relating to the + agreement. + (4) Rates.--The director of a National Laboratory may + charge higher rates for services performed under a partnership + agreement entered into pursuant to this section, regardless of + the full cost of recovery, if such funds are used exclusively + to support further research and development activities at the + respective National Laboratory. + (d) Exception.--This section does not apply to any agreement with a +majority foreign-owned company. + (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler +Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- + (1) in subsection (a)-- + (A) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively, and indenting + the subparagraphs appropriately; + (B) by striking ``Each Federal agency'' and + inserting the following: + ``(1) In general.--Except as provided in paragraph (2), + each Federal agency''; and + (C) by adding at the end the following: + ``(2) Exception.--Notwithstanding paragraph (1), in + accordance with section 202(a) of the Department of Energy + Laboratory Modernization and Technology Transfer Act of 2015, + approval by the Secretary of Energy shall not be required for + any technology transfer agreement proposed to be entered into + by a National Laboratory of the Department of Energy, the total + cost of which (including the National Laboratory contributions + and project recipient cost share) is less than $1,000,000.''; + and + (2) in subsection (b), by striking ``subsection (a)(1)'' + each place it appears and inserting ``subsection (a)(1)(A)''. + +SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN + AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. + + Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is +amended by-- + (1) redesignating subsection (g) as subsection (h); and + (2) inserting after subsection (f) the following: + ``(g) Early-Stage Technology Demonstration.--The Secretary shall +permit the directors of the National Laboratories to use funds +authorized to support technology transfer within the Department to +carry out early-stage and pre-commercial technology demonstration +activities to remove technology barriers that limit private sector +interest and demonstrate potential commercial applications of any +research and technologies arising from National Laboratory +activities.''. + +SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION + AND OTHER NONPROFIT INSTITUTIONS. + + Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. +16352(b)) is amended-- + (1) in paragraph (1), by striking ``Except as provided in + paragraphs (2) and (3)'' and inserting ``Except as provided in + paragraphs (2), (3), and (4)''; and + (2) by adding at the end the following: + ``(4) Exemption for institutions of higher education and + other nonprofit institutions.-- + ``(A) In general.--Paragraph (1) shall not apply to + a research or development activity performed by an + institution of higher education or nonprofit + institution (as defined in section 4 of the Stevenson- + Wydler Technology Innovation Act of 1980 (15 U.S.C. + 3703)). + ``(B) Termination date.--The exemption under + subparagraph (A) shall apply during the 6-year period + beginning on the date of enactment of this + paragraph.''. + +SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. + + The Secretary may enter into an agreement with the Director of the +National Science Foundation to enable researchers funded by the +Department to participate in the National Science Foundation Innovation +Corps program. + + TITLE III--ASSESSMENT OF IMPACT + +SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. + + Not later than 3 years after the date of enactment of this Act, the +Comptroller General of the United States shall submit to Congress a +report-- + (1) describing the results of the projects developed under + sections 201, 202, and 203, including information regarding-- + (A) partnerships initiated as a result of those + projects and the potential linkages presented by those + partnerships with respect to national priorities and + other taxpayer-funded research; and + (B) whether the activities carried out under those + projects result in-- + (i) fiscal savings; + (ii) expansion of National Laboratory + capabilities; + (iii) increased efficiency of technology + transfers; or + (iv) an increase in general efficiency of + the National Laboratory system; and + (2) assess the scale, scope, efficacy, and impact of the + Department's efforts to promote technology transfer and private + sector engagement at the National Laboratories, and make + recommendations on how the Department can improve these + activities. + + Passed the House of Representatives May 19, 2015. + + Attest: + + KAREN L. HAAS, + + Clerk.","Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories. ",Department of Energy Laboratory Modernization and Technology Transfer Act of 2015," The Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 aims to improve technology transfer and innovation management at the Department of Energy (DOE). It includes provisions for assessing DOE's current ability to carry out technology transfer goals, encouraging national laboratories to inform small businesses about opportunities and resources, and promoting nuclear energy innovation. The act also covers cross-sector partnerships and grant competitiveness, including agreements for commercializing technology pilot programs, public-private partnerships for commercialization, and early-stage technology demonstration inclusion in authorized technology transfer activities. Additionally, it addresses funding competitiveness for institutions of higher education and other nonprofit institutions, as well as participation in the Innovation Corps program. Finally, the act requires a report by the Government Accountability Office on the results of projects developed under specific sections of the act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Safe Building Code Incentive Act of +2012''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) mitigation planning is the foundation for saving lives, + protecting residential and commercial properties, and + developing disaster resistant communities; + (2) recent studies of the performance of building + structures during disasters have demonstrated that the adoption + and active enforcement of State building codes have greatly + reduced residential and commercial property damage and personal + injury resulting from major disasters; + (3) modern building codes govern all aspects of + construction and are designed to ensure that single-family + residential dwellings and commercial structures are protected + from natural disasters; + (4) the people of the United States rely on active + enforcement of modern building codes for assurance that minimum + standards for reducing personal injuries and property damages + have been met in the buildings they live in, work in, and visit + everyday; + (5) active enforcement of building codes plays an + increasingly important role in public safety and loss + prevention of residential and commercial property; + (6) active enforcement of building codes based on + nationally recognized models reduces the need for public + disaster aid, creates sustainable communities, promotes a level + and consistent playing field for design professionals, + suppliers, and builders, and can contribute to the durability + of residential and commercial structures; + (7) under the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal + Emergency Management Agency provides Federal assistance to + States for mitigation efforts; + (8) it is beneficial and appropriate to expand Federal + mitigation assistance to encourage States to take a + comprehensive and integrated approach to disaster loss + reduction; and + (9) it is beneficial to the Federal Government and + appropriate that Federal mitigation assistance be used to + encourage the adoption and active enforcement of State building + codes as a disaster mitigation strategy under the auspices of a + comprehensive disaster loss reduction plan. + +SEC. 3. PURPOSES. + + The purposes of this Act are to-- + (1) substantially mitigate the occurrence of loss to + residential and commercial property, reduce and minimize damage + when losses to residential and commercial property occur, + improve the quality and value of residential and commercial + property, and reduce the need for public disaster aid; + (2) provide incentives for the adoption and active + enforcement of State building codes; + (3) encourage States to continue their key responsibility + to coordinate all State and local activities relating to hazard + evaluation and mitigation, as specified in section 201.3(c) of + title 44, Code of Federal Regulations, through the adoption and + active enforcement of State building codes; and + (4) encourage States to require that local governments use + a current version of a nationally applicable model building + code that address natural hazards as a basis for design and + construction of State-sponsored mitigation projects described + in section 201.5(b)(4)(iv) of title 44, Code of Federal + Regulations. + +SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. + + (a) In General.--Section 404 of the Robert T. Stafford Disaster +Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by +adding at the end the following: + ``(d) Additional Mitigation Assistance.-- + ``(1) In general.--If, at the time of a declaration of a + major disaster, the affected State has in effect and is + actively enforcing throughout the State a State building code + that satisfies the conditions in paragraph (2), the President + may increase the maximum total of contributions under this + section for the major disaster, as specified in subsection (a) + and section 322(e), by an amount equal to 4 percent of the + estimated aggregate amount of grants to be made (less any + associated administrative costs) under this Act with respect to + the major disaster. + ``(2) Submission.--To be eligible for an increased Federal + share under paragraph (1), a State shall certify to the + President that the State has a building code that-- + ``(A) is consistent with the most recent version of + a nationally recognized model building code; + ``(B) has been adopted by the State within 6 years + of the most recent version of the nationally recognized + model building code; and + ``(C) uses the nationally recognized model building + code as a minimum standard. + ``(3) Approval.--The President shall approve the additional + assistance under this section, if the President determines that + the certification of the State provided under paragraph (2) is + sufficient and is submitted not later than 90 days after the + date of a declared disaster. + ``(4) Periodic updates.--The President, acting through the + Administrator, shall set appropriate standards, by regulation, + for the periodic update, resubmittal, and approval of a State + building code approved by the President in accordance with + paragraph (3) that are consistent with similar requirements + related to mitigation planning under section 322. + ``(5) Definitions.--In this subsection, the following + definitions apply: + ``(A) Actively enforcing.--The term `actively + enforcing' means effective jurisdictional execution of + all phases of a State building code in the process of + examination and approval of construction plans, + specifications, and technical data and the inspection + of new construction or renovation. + ``(B) Nationally recognized model building code.-- + The term `nationally recognized model building code' + means a building code for residential and commercial + construction and construction materials that-- + ``(i) has been developed and published by a + code organization in an open consensus type + forum with input from national experts; and + ``(ii) is based on national structural + design standards that establish minimum + acceptable criteria for the design, + construction, and maintenance of residential + and commercial buildings for the purpose of + protecting the health, safety, and general + welfare of the building's users against natural + disasters. + ``(C) State building code.--The term `State + building code' means requirements and associated + standards for residential and commercial construction + and construction materials that are implemented on a + statewide basis by ordinance, resolution, law, housing + or building code, or zoning ordinance. At a minimum, + such requirements and associated standards shall + apply-- + ``(i) to construction-related activities of + residential building contractors applicable to + single-family and 2-family residential + structures; and + ``(ii) to construction-related activities + of engineers, architects, designers, and + commercial building contractors applicable to + the structural safety, design, and construction + of commercial, industrial, and multifamily + structures. + ``(6) Regulations.--Not later than 180 days after the date + of enactment of this subsection, the President, acting through + the Administrator of the Federal Emergency Management Agency, + shall issue such regulations as may be necessary to carry out + this subsection.''. + (b) Applicability.--Section 404(d) of the Robert T. Stafford +Disaster Relief and Emergency Assistance Act, as added by this section, +shall apply to major disasters declared on or after October 24, 2012. +Major disasters declared during the period beginning on October 24, +2012 and ending on the date of enactment of this Act, shall have 90 +days from date of enactment of this Act to submit the certification +required under 404(d)(2) of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act, as added by this Act.","Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. + +Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. + +Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.","A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, and for other purposes."," The Safe Building Code Incentive Act of 2012 aims to reduce property damage and personal injury during disasters by encouraging states to adopt and enforce modern building codes. The Act highlights the importance of mitigation planning, active enforcement of building codes, and nationally recognized models for building codes. It proposes additional federal mitigation assistance for states that actively enforce building codes during major disasters. This assistance would increase the maximum total of contributions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the major disaster." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Clear Creek National Recreation Area +and Conservation Act of 2012''. + +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. + +SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. + + (a) In General.--To promote environmentally responsible high- +quality motorized and non-motorized trail based recreation, including +off-highway vehicle use, scenic touring, access for hunting and gem +collecting, while protecting ecological, geological, scenic, cultural, +and historic resources, fish and wildlife values, and other resources +of the landscape, there is established the Clear Creek National +Recreation Area in the State, to be managed by the Secretary. + (b) Boundaries.--The Recreation Area shall consist of approximately +75,000 acres of Federal land in San Benito County and Fresno County, +California, as generally depicted on the map entitled ``Clear Creek +National Recreation Area'' and dated July 30, 2012. + (c) Map.-- + (1) In general.--As soon as practicable, after the date of + the enactment of this Act, the Secretary shall submit a map and + legal description of the Recreation Area to-- + (A) the Committee on Natural Resources of the House + of Representatives; and + (B) the Committee on Energy and Natural Resources + of the Senate. + (2) Availability.--Copies of the map submitted under + paragraph (1) shall be on file and available for public + inspection in-- + (A) the Office of the Director of the Bureau of + Land Management; and + (B) 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) allow hiking, camping, hunting, gem collecting, and + sightseeing and the use of motorized vehicles, mountain bikes, + and horses on designated roads, trails, and areas; + (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 2005 +Clear Creek Management Area Travel Management Plan as modified by this +Act, or by the Secretary to incorporate natural resource protection +information not available in 2005, as the basis of an interim +management plan to govern motorized 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; and + (C) other stakeholders (including conservation and + recreational organizations); + (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, but not limited to, 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) 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; + (6) 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; + (7) 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 + (8) 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 (c)(3)(G) shall be-- + (1) deposited in a special account in the Treasury of the + United States; and + (2) made available until expended, without further + appropriation, to the Secretary for use in the Recreation Area. + (m) Risk Standard.--The National Oil and Hazardous Substances +Pollution Contingency Plan (40 C.F.R. 300), 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 March 11, +2012, is designated as wilderness areas and as components of the +National Wilderness Preservation System and shall be known as the +``Joaquin Rocks Wilderness''. + +SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS. + + Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) +is amended by adding at the end the following paragraphs: + ``(208) Larious canyon.--The approximately 5.25 miles of + Larious Canyon Creek from its source near Idria Peak in Section + 6, R12E, T18S, to the boundary of the Clear Creek Special + Recreation Management Area in Section 23, R11E, T17S. + ``(209) San carlos creek.--The approximately 5.51 miles of + the East Fork San Carlos Creek from its source near San Benito + Mountain in Section 10, R12E, T18S, to the boundary of the + Clear Creek Special Recreation Management Area in Section 22, + R12E, T17S. + ``(210) Cantua creek.--The approximately 7.68 miles of + Cantua Creek from its source north of Santa Rita Peak in + Section 24, R12E, T18S, to the public land boundary in Section + 3, R13E, T18S. + ``(211) Picacho creek.--The approximately 2.65 miles of + Picacho Creek, from its source spring in Section 20, R12E, + T18S, to its confluence with the San Benito River. + ``(212) White creek and tributaries.-- + ``(A) The approximately 5.37 miles of White Creek, + from its source in Section 36, R12E, T18S, to the + boundary of the Clear Creek Special Recreation + Management Area in Section 17, R13E, T19S. + ``(B) The approximately 2.29 miles of the unnamed + tributary of White Creek from its source just south of + Spanish Lake in Section 29, R13E, T18S, to its + confluence with White Creek. + ``(C) The approximately 2.45 miles of the unnamed + tributary of White Creek from its source in Section 33, + R13E, T18S, to its confluence with White Creek.''.","Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources. + +Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area. + +Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act. + +Requires landowners to be provided with adequate access to inholdings within the Recreation Area. + +Permits livestock grazing to be allowed to continue in areas in which it is allowed. + +Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System. + +Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System.","To establish the Clear Creek National Recreation Area in the State of California, and for other purposes."," The Clear Creek National Recreation Area and Conservation Act of 2012 establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail-based recreation, including off-highway vehicle use, scenic touring, access for hunting and gem collecting, while protecting ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape. The Recreation Area shall consist of approximately 75,000 acres of Federal land in San Benito County and Fresno County, California. The Secretary of the Interior shall manage the Recreation Area to further these purposes, in accordance with the Federal Land Policy and Management Act of 1977 and any other applicable law. The Secretary shall allow hiking, camping, hunting, gem collecting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated roads, trails, and areas; issue special recreation permits for motorized and non-motorized events; and reopen the Clear Creek Management Area to these uses as soon as practicable following the enactment of this Act. A permanent management plan for the Recreation Area shall be created by the Secretary within two years after the enactment of this Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Clean Energy Technology +Manufacturing and Export Assistance Act of 2011''. + +SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE + PROGRAM. + + (a) Definitions.--In this section: + (1) Clean energy technology.--The term ``clean energy + technology'' means a technology related to the production, use, + transmission, storage, control, or conservation of energy that + is designed to-- + (A) reduce the need for additional energy + supplies-- + (i) by using existing energy supplies with + greater efficiency; or + (ii) by transmitting, distributing, or + transporting energy with greater effectiveness + through the infrastructure of the United + States; + (B) diversify the sources of the energy supply of + the United States to strengthen energy security and to + increase supplies of energy with a favorable balance of + environmental effects if the entire technology system + is considered; or + (C) contribute to a stabilization of atmospheric + greenhouse gas concentrations through reduction, + avoidance, or long-term sequestration of energy-related + emissions. + (2) Small- and medium-sized businesses.--The term ``small- + and medium-sized businesses'' means businesses with not more + than 500 employees. + (3) Under secretary.--The term ``Under Secretary'' means + the Under Secretary for International Trade of the Department + of Commerce. + (b) Establishment.--The Secretary of Commerce shall establish a +Clean Energy Technology Manufacturing and Export Assistance Program, to +be carried out by the Under Secretary, for the purposes of-- + (1) promoting policies to reduce production costs and + encourage innovation, investment, and productivity among + businesses in the United States that produce or export clean + energy technologies or related services; + (2) implementing a national strategy with respect to the + exportation of clean energy technologies and related services + from the United States; and + (3) ensuring that businesses in the United States that + produce or export clean energy technologies or related + services, including suppliers of parts for the production of + clean energy technologies and engineering and design firms, + have the information and assistance necessary-- + (A) to be competitive; and + (B) to create and maintain clean energy technology + jobs in the United States. + (c) Assistance.-- + (1) In general.--The Under Secretary shall, consistent with + the National Export Initiative (established by Executive Order + 13534 (75 Fed. Reg. 12433)), provide information and other + assistance under the program established under subsection (b) + to businesses in the United States, particularly small- and + medium-sized businesses, to promote the production and + exportation of clean energy technologies and related services. + (2) Types of assistance.--The assistance provided under + paragraph (1) shall include-- + (A) analyzing and making recommendations with + respect to policies to reduce production costs and + encourage innovation, investment, and productivity + among businesses in the United States that produce or + export clean energy technologies or related services; + (B) providing information to businesses in the + United States with respect to-- + (i) the process of exporting clean energy + technologies and related services to foreign + countries; + (ii) opportunities for the exportation of + such technologies and services to foreign + countries; + (iii) tailoring their products and + activities to the needs of specific markets in + foreign countries; and + (iv) conducting business in foreign + countries, including with respect to the + financing, marketing, and assembly of exported + products and other logistics with respect to + those products; and + (C) assisting businesses in the United States in + expressing their views and providing input with respect + to any policy developments relating to the production + or exportation of clean energy technologies or related + services. + (d) Reports to Congress.-- + (1) Report on implementation of program.--Not later than + 180 days after the date of the enactment of this Act, the Under + Secretary shall submit to Congress a report describing how the + program established under subsection (b) will be used to-- + (A) encourage the production and exportation of + clean energy technologies and related services in the + United States; + (B) encourage the creation and maintenance of clean + energy technology jobs in the United States; and + (C) benefit small- and medium-sized businesses in + the United States. + (2) Report on effectiveness of program.--Not later than + January 1, 2015, the Under Secretary shall submit to Congress a + report on the program established under subsection (b) that + includes-- + (A) an assessment of the extent to which the + program has been successful-- + (i) in analyzing and making recommendations + with respect to policies to reduce production + costs and encourage innovation, investment, and + productivity among businesses in the United + States that produce or export clean energy + technologies or related services; + (ii) in increasing the competitiveness of + businesses in the United States that export + clean energy technologies or related services + to foreign countries; + (iii) in assisting businesses in the United + States, particularly small- and medium-sized + businesses, in exporting clean energy + technologies and related services; + (iv) in creating and maintaining clean + energy technology jobs in the United States; + and + (v) in assisting businesses in the United + States in expressing their views and providing + input with respect to any policy developments + relating to the production or exportation of + clean energy technologies or related services; + (B) detailed information with respect to the + nature, location, and duration of any jobs created or + maintained as a result of the program established under + subsection (b) and a description of the methodology + used by the Under Secretary to compile that + information; and + (C) any recommendations with respect to continuing + or improving the program.","Clean Energy Technology Manufacturing and Export Assistance Act of 2011 - Requires the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, to be carried out by the Under Secretary for International Trade, to: (1) promote policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (2) implement a national strategy with respect to the exportation of such technologies and related services; and (3) ensure that such businesses, including suppliers of parts for the production of such technologies and engineering and design firms, have the information and assistance necessary to be competitive and to create and maintain clean energy technology jobs. + +Defines ""clean energy technology"" to means a technology related to the production, use, transmission, storage, control, or conservation of energy that is designed to: (1) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness; (2) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies of energy with a favorable balance of environmental effects if the entire technology system is considered; or (3) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or long-term sequestration of energy-related emissions. + +Requires the Under Secretary, consistent with the National Export Initiative, to provide information and other assistance under the Program to businesses, particularly businesses with no more than 500 employees, to promote the production and exportation of such technologies and related services.","A bill to require the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, and for other purposes."," The Clean Energy Technology Manufacturing and Export Assistance Act of 2011 aims to establish a Clean Energy Technology Manufacturing and Export Assistance Program to promote policies that reduce production costs and encourage innovation among businesses producing or exporting clean energy technologies or related services. The program will implement a national strategy for exporting clean energy technologies and provide assistance to businesses that produce or export these technologies or related services. This assistance will include analyzing policies to reduce production costs, providing information on exporting processes and opportunities, tailoring products to specific markets, and assisting businesses in expressing their views on policy developments. The Under Secretary for International Trade of the Department of Commerce will submit reports to Congress on the implementation and effectiveness of the program." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Serving Everyone with Reliable, +Vital Internet, Communications, and Education Act of 2007''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) Today's telecommunications market offers consumers an + array of social, economic, and educational communications. + (2) Communications today also offer Americans better access + to emergency assistance. + (3) It is essential to the Nation's continued progress for + all sectors of the population to have adequate access to + telecommunications. America must work to reduce and ultimately + eliminate the harmful technological divide. + (4) The Congress reaffirms the Nation's public policy + commitment to providing universal service. All consumers should + have access to high-quality telecommunications services at + affordable rates. + +SEC. 3. UNIVERSAL SERVICE. + + Subsection (j) of section 254 of the Communications Act of 1934 (47 +U.S.C. 254) is amended to read as follows: + ``(j) Lifeline Assistance; Link Up America.-- + ``(1) Purposes.--The purposes of this subsection are-- + ``(A) to advance universal service; and + ``(B) to ensure that high-quality + telecommunications services and other evolving + telecommunication technologies, such as Internet access + and broadband services, are available to low-income + consumers at just, reasonable, and affordable rates. + ``(2) Continuation and expansion of programs.--For the + purposes described in paragraph (1), the Commission-- + ``(A) shall continue in effect the Lifeline + Assistance Program and the Link Up Program; and + ``(B) expand such programs under paragraph (3). + ``(3) Expansion.--The Commission shall expand the + assistance provided through the Lifeline Assistance Program and + the Link Up Program by allowing low-income consumers + participating in such programs to choose to use such assistance + for any one of the following: + ``(A) Wire or wireless telephone service. + ``(B) Internet access service. + ``(C) Wire or wireless broadband service. + ``(D) Any evolving technology the Commission deems + consistent with the purposes described in paragraph + (1). + ``(4) Rule of construction.--This subsection shall not be + construed-- + ``(A) to affect any program under this section + other than the Lifeline Assistance Program or the Link + Up Program; or + ``(B) except as inconsistent with the provisions of + this subsection, to affect the authority of the + Commission to make modifications to the Lifeline + Assistance Program or the Link Up Program. + ``(5) Definitions.--In this subsection: + ``(A) The term `broadband service' means high-speed + Internet access service-- + ``(i) offering integrated access to voice + communications, high-speed data service, video- + demand services, and interactive delivery + services; and + ``(ii) transmitting data at speeds + exceeding 200 kilobits per second, in at least + one direction, from the user's computer to the + Internet or from the Internet to the user's + computer. + ``(B) The term `Lifeline Assistance Program' means + the Lifeline Assistance Program provided for by the + Commission under subpart E of title 47, Code of Federal + Regulations (and any related or successor regulations). + ``(C) The term `Link Up Program' means the Link Up + Program provided for by the Commission under subpart E + of title 47, Code of Federal Regulations (and any + related or successor regulations).''. + +SEC. 4. STUDY. + + (a) Study.--Not later than May 1, 2008, the Federal Communications +Commission shall conduct a study and submit a report to the Congress on +the following: + (1) The necessary benefit level for a household + participating in the Lifeline Assistance Program or the Link Up + Program which will encourage low-income consumers to seek + broadband service. + (2) Projections on the potential of new broadband service + consumers who would seek this service if economically + accessible. + (3) Industry requirements to provide broadband service + access in underserved areas. + (4) Data that accurately illustrates the extent of current + deployment of broadband service to residential users. + (5) Policy proposals conducive to addressing gaps in + broadband service availability. + (b) Definitions.--In this section, the terms ``broadband service'', +``Lifeline Assistance Program'', and ``Link Up Program'' have the +meanings given to those terms in section 254(j) of the Communications +Act of 1934, as amended by section 3 of this Act.","Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to expand the Lifeline Assistance Program and the Link Up Program. Requires a report to Congress on the benefit level for the programs that will encourage low-income consumers to seek broadband service, projections on potential broadband consumers if the service was economically feasible, industry requirements to provide broadband service in underserved areas, and policy proposals regarding gaps in broadband availability.","To amend the Communications Act of 1934 to continue in effect and expand the Lifeline Assistance Program and the Link Up Program, and for other purposes."," The ""Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007"" aims to advance universal service by ensuring high-quality telecommunications services and evolving technologies are available to low-income consumers at affordable rates. It amends Section 254 of the Communications Act of 1934 to continue and expand the Lifeline Assistance Program and the Link Up Program. These programs provide assistance for wire or wireless telephone service, internet access service, wire or wireless broadband service, or any evolving technology deemed consistent with the program's purposes. The Federal Communications Commission is required to conduct a study on the necessary benefit level for households participating in these programs to encourage low-income consumers to seek broadband service, industry requirements to provide broadband service access in underserved areas, and policy proposals to address gaps in broadband service availability." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Military Savings Act of 2012''. + +SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM. + + (a) In General.--The Undersecretary of Defense (Comptroller) shall +carry out a 5-year pilot program to develop innovative consumer +financial products that encourage savings and wealth-creation among +active-duty servicemembers. + (b) Objectives.--Financial products developed under this section +may seek to-- + (1) increase the rate of savings among active-duty + servicemembers by providing automatic deposit into a savings + account of special pay and allowances received by a + servicemember, including special pay and allowances received on + account of the servicemember's deployment; + (2) reduce the need for high-cost short-term lending + services by providing alternatives to servicemembers, such as + financial institutions providing an option for servicemembers + to receive advances on their salary payments, such that + servicemembers receive pay in more frequent installments, and + where any interest or fees on such advances shall not exceed + the rate described in section 987(b) of title 10, United States + Code and shall adhere to the Affordable Small Dollar Lending + Guidelines of the Federal Deposit Insurance Corporation; + (3) address obstacles to traditional consumer banking and + lending for servicemembers with limited credit history; and + (4) otherwise encourage savings and wealth-creation among + active-duty servicemembers. + (c) No Exacerbation of Credit Overextension.--The pilot program +carried out under this section shall be carried out in such a way that +it does not exacerbate the incidence of credit overextension among +servicemembers. + (d) Implementation.-- + (1) Selection of military installations.--The + Undersecretary shall choose at least 10 military installations + on which to implement the pilot program. + (2) Incorporation into operating agreements.--With respect + to a military installation chosen by the Undersecretary under + paragraph (1), a financial institution seeking to begin + operating on such installation, or seeking to renew an + agreement to operate on such installation, shall-- + (A) agree to offer the consumer financial products + developed under this section; and + (B) notify servicemembers that are customers of the + institution about the availability of the consumer + financial products developed under this section. + (e) Consultation.--In developing consumer financial products under +this section, the Undersecretary shall consult with Federal banking +regulators with expertise in depository institutions, Federal agencies +with experience regulating financial products, and consumer and +military service organizations with relevant financial expertise. + (f) Independent Evaluation.-- + (1) In general.--Not later than the end of the 2-year + period beginning on the date of the enactment of this Act, and + annually thereafter until the end of the pilot program, the + Undersecretary shall contract for an independent evaluation of + the pilot program carried out under this section. Such + evaluation-- + (A) shall include the degree to which the pilot + program succeeded in the goals of increasing usage of + savings products, programs, and tools; and + (B) shall be conducted by a contractor with + knowledge of consumer financial products and experience + in the evaluation of such products. + (2) Report.--After each evaluation carried out pursuant to + paragraph (1), the Undersecretary shall issue a report to the + Committees on Armed Services and Financial Services of the + House of Representatives and the Committees on Armed Services + and Banking, Housing, and Urban Affairs of the Senate + containing all findings and conclusions made by the contractor + in carrying out such evaluation. + (g) Expansion of Pilot Program.--Notwithstanding subsection (a), +the Undersecretary may expand the pilot program, including extending +the duration of the program and expanding the program to make it a +nationwide program, to the extent determined appropriate by the +Undersecretary, if the Undersecretary determines that such expansion is +expected to-- + (1) improve the rates of savings among servicemembers and + their families; or + (2) decrease the need for servicemembers and their families + to rely on payday lenders without exacerbating credit + overextension. + (h) Financial Institution Defined.--For purposes of this section, +the term ``financial institution'' means an insured depository +institution (as defined under section 3(c)(2) of the Federal Deposit +Insurance Act (12 U.S.C. 1813(c)(2))) or a credit union.","Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program. + +Directs the Undersecretary to contract for an annual independent program evaluation until its termination. + +Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration.",To direct the Undersecretary of Defense (Comptroller) to carry out a pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers.," The Military Savings Act of 2012 aims to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers through a five-year pilot program. The program's objectives include increasing savings rates, reducing high-cost short-term lending services, addressing obstacles to traditional consumer banking for servicemembers with limited credit history, and promoting savings and wealth-creation among active-duty servicemembers without exacerbating credit overextension. The Undersecretary of Defense (Comptroller) will select at least ten military installations for the pilot program, with financial institutions offering the developed financial products and notifying servicemembers about their availability. An independent evaluation will be conducted to assess the program's success in achieving its goals, with reports submitted to relevant congressional committees. The Undersecretary may expand the pilot program if it is expected to improve savings rates or decrease reliance on payday lenders without exacerbating credit overextension." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Afghanistan and Central Asian +Republics Sustainable Food Production Act of 2001''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) abject poverty and the inability to produce food, even + at the subsistence level, in the rural, mountainous areas of + Afghanistan and the Central Asian Republics have plagued the + region for over 20 years; + (2) extended food shortages in this region have resulted in + the consumption of seed supplies and breeding livestock + necessary to continue farming and food production; + (3) ongoing and violent conflict in the region has badly + damaged or destroyed the basic irrigation systems necessary for + food production; + (4) despite the delivery of over $185,000,000 in aid from + the United States in fiscal year 2001 toward humanitarian + assistance needs in Afghanistan, millions of people remain at + risk of severe malnutrition and starvation in the short- and + long-terms; + (5) on October 4, 2001, President George W. Bush announced + that the people of Afghanistan, and the governments of + Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will + receive an additional $320,000,000 humanitarian assistance + package for emergency food and refugee assistance to address + the region's immediate needs during the war on terrorism; and + (6) in addition to addressing short-term emergency + assistance needs in Afghanistan and the mountainous regions of + the Central Asian Republics, addressing the long-term food + production and rural development issues in region will be + critical to attaining some stability in the region. + +SEC. 3. ASSISTANCE. + + (a) Assistance.--The Administrator of the United States Agency for +International Development shall provide assistance in accordance with +the provisions of this Act to develop sustainable food production for +Afghanistan and the mountainous regions of other countries of Central +Asia through restocking seed, replacing breeding livestock, restoring +basic irrigation systems, and providing access to credit for food +production, processing, or marketing enterprises through rural +microenterprise loan programs. + (b) Program Objectives.-- + (1) In general.--In providing assistance under subsection + (a), the Administrator shall provide only grants to + nongovernmental organizations for the purpose of carrying out + the activities described in paragraph (2) in Afghanistan and + the other countries of Central Asia in accordance with this + section. + (2) Activities supported.-- + (A) In general.--Among the activities for which the + Administrator may provide grants shall be-- + (i) procurement of seed for local food + production; + (ii) replacement of breeding livestock; + (iii) restoration of basic irrigation + systems; + (iv) establishment of access to credit for + food production, processing, or marketing + enterprises through rural microenterprise loan + programs; and + (v) providing technical assistance. + (B) Limitation.--Amounts received under a grant + shall not be used to carry out activities related to + emergencies or disasters. + (3) Applications.--A nongovernmental organization that + desires to receive a grant under this section shall submit an + application for the grant to the Administrator. The application + should be developed by the nongovernmental organization in + close consultation with local indigenous entities, or + associated persons of a village or villages, located in the + country within which the activities supported by the grant will + be carried out. + (4) Implementation of program objectives.--In carrying out + the objectives of paragraph (1), the Administrator shall-- + (A) coordinate the activities with governments of + other countries authorized to receive grants under this + section, local and regional governments of such + countries, nongovernmental organizations operating in + such countries, and private donors; + (B) provide minimal supplementary grants for + associated administrative costs to the national and + regional governments of the country for which grants to + nongovernmental organizations are approved under this + section; + (C) provide oversight of grants disbursed under + this section, including procedures under which a + nongovernmental organization that misuses grant funds + or otherwise fails to adequately carry out the + activities described in paragraph (2) should be + disqualified from receiving additional grants under + this section for not less than 1 year; and + (D) coordinate efforts with national, regional, and + local government officials to conduct an annual review + of disbursement of grant funds and the effectiveness of + activities carried out with grant funds. + (c) Restriction Relating to the Use of United States Funds in +Afghanistan.--Funds made available under this Act shall not be used +during a fiscal year for any activity in Afghanistan which is described +in subsection (b)(2) unless the Secretary of State certifies for the +fiscal year that there has been substantial progress made toward the +establishment of a government in Afghanistan that meets the following +requirements: + (1) The government includes broad representation from the + diverse ethnic and religious groups of Afghanistan, including + both men and women from such groups. + (2) The government does not sponsor terrorism or harbor + terrorists. + (3) The government demonstrates a strong and determined + commitment to eliminating the production of opium-producing + poppies. + (4) The government meets the conditions outlined in the + United Nations Universal Declaration of Human Rights. + +SEC. 4. ADMINISTRATION. + + It is the sense of the Congress that the Administrator should +establish-- + (1) criteria for the selection of projects to receive + support under this Act; + (2) standards and criteria regarding qualifications of + recipients of such support; + (3) such rules and procedures as may be necessary for + projects that receive support under this Act; + (4) such rules and procedures as may be necessary to ensure + transparency and accountability in the grant-making process; + and + (5) criteria for an annual review process for all projects + receiving grants. + +SEC. 5. REPORTS TO CONGRESS. + + (a) Annual Reports by Administrator.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, and annually thereafter for the + subsequent 4 fiscal years, the Administrator shall submit to + the appropriate committees of Congress a report on the + implementation of this Act. + (2) Report elements.--The report shall include a + description of-- + (A) the programs, projects, and activities + supported by grants made under this Act; + (B) the criteria that have been established that + are used to determine the programs and activities that + should be assisted by grants made under this Act; + (C) an assessment regarding the extent to which the + Government of Afghanistan does or does not meet the + requirements of section 3(c) for that fiscal year; and + (D) with respect to a fiscal year for which + Afghanistan is eligible to receive a grant under + section 3, the impact of programming on food production + and rural development in Afghanistan. + (b) GAO Report on Effectiveness.--Not later than 2 years after the +date of the enactment of this Act, the Comptroller General of the +United States shall submit to the appropriate committees of Congress a +report evaluating the effectiveness of grants made under this Act, +including the effectiveness of the programs, projects, and activities +described in subsection (a)(2)(A) in building sustainable food +production and rural microenterprise loans in the countries authorized +to receive grants under this section. + +SEC. 6. AUTHORIZATION OF APPROPRIATIONS. + + In addition to any other funds authorized to be appropriated for +bilateral programs related to sustainable food production and +microenterprise systems, there is authorized to be appropriated to the +Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each +of the fiscal years 2003 through 2006 to carry out this Act. Of the +amount appropriated pursuant to the authorization of appropriations +under the preceding sentence for a fiscal year 60 percent should be +designated for grants for Afghanistan. + +SEC. 7. DEFINITIONS. + + In this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the United States Agency for International + Development. + (2) Appropriate committees.--The term ``appropriate + committees'' means the Committee on Foreign Relations and the + Committee on Appropriations of the Senate and the Committee on + International Relations and the Committee on Appropriations of + the House of Representatives. + (3) Other countries of central asia.--The term ``other + countries of Central Asia'' means Kyrgyzstan, Pakistan, + Tajikistan, Turkmenistan, and Uzbekistan.","Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.",To provide assistance to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics.," The Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 aims to address food production issues in Afghanistan and Central Asian Republics through grants to nongovernmental organizations for activities such as seed procurement, breeding livestock replacement, irrigation system restoration, and access to credit for food production enterprises. The Act also outlines requirements for grant implementation, reporting to Congress, and appropriations for the program." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hereditary Hemorrhagic +Telangiectasia Diagnosis and Treatment Act of 2011''. + +SEC. 2. FINDINGS. + + The Congress finds as follows: + (1) Hereditary hemorrhagic telangiectasia (``HHT'') is a + largely undiagnosed or misdiagnosed vascular genetic bleeding + disorder that causes abnormalities of the blood vessels. A + person with HHT has the tendency to form blood vessels that + lack the capillaries between an artery and vein. HHT can cause + spontaneous hemorrhage or stroke when brain or lung + arteriovenous malformations, which are tangled blood vessels, + rupture unexpectedly in all age groups. In addition to + hemorrhagic stroke, embolic stroke, and brain abscess occur in + approximately 30 percent of individuals with HHT caused by + artery-vein malformations in the lung (due to lack of + capillaries between the arterial and venous systems which + prevent or normally filter out clots and bacteria), causing + disability and sudden premature death. + (2) One in 5,000 American children and adults suffer from + HHT. + (3) Studies have found an increase in morbidity and + mortality rate for individuals who suffer from HHT. + (4) Due to the widespread lack of knowledge, accurate + diagnosis, and appropriate intervention, 90 percent of HHT- + affected families are at risk for preventable life-threatening + and disabling medical incidents such as stroke. + (5) Early detection, screening, and treatment can prevent + premature deaths, spontaneous hemorrhage, hemorrhagic stroke, + embolic stroke, brain abscess, and other long-term health care + complications resulting from HHT. + (6) HHT is an important health condition with serious + health consequences which are amenable to early identification + and diagnosis with suitable tests, and acceptable and available + treatments in established treatment centers. + (7) Timely identification and management of HHT cases is an + important public health objective because it will save lives, + prevent disability, and reduce direct and indirect health care + costs expenditures. + (8) Without a new program for early detection, screening, + and treatment, 14,000 children and adults who suffer from HHT + in the population today will suffer premature death and + disability. + +SEC. 3. PURPOSE. + + The purpose of this Act is to create a federally led and financed +initiative for early diagnosis and appropriate treatment of hereditary +hemorrhagic telangiectasia that will result in the reduction of the +suffering of families, prevent premature death and disability, and +lower health care costs through proven treatment interventions. + +SEC. 4. NATIONAL INSTITUTES OF HEALTH. + + Part B of title IV of the Public Health Service Act (42 U.S.C. 284 +et seq.) is amended by adding at the end the following: + +``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA. + + ``(a) HHT Initiative.-- + ``(1) Establishment.--The Secretary shall establish and + implement an HHT initiative to assist in coordinating + activities to improve early detection, screening, and treatment + of people who suffer from HHT. Such initiative shall focus on-- + ``(A) advancing research on the causes, diagnosis, + and treatment of HHT, including through the conduct or + support of such research; and + ``(B) increasing physician and public awareness of + HHT. + ``(2) Consultation.--In carrying out this subsection, the + Secretary shall consult with the Director of the National + Institutes of Health and the Director of the Centers for + Disease Control and Prevention. + ``(b) HHT Coordinating Committee.-- + ``(1) Establishment.--Not later than 60 days after the date + of the enactment of this section, the Secretary, in + consultation with the Director of the National Institutes of + Health, shall establish a committee to be known as the HHT + Coordinating Committee. + ``(2) Membership.-- + ``(A) In general.--The members of the Committee + shall be appointed by the Secretary, in consultation + with the Director of the National Institutes of Health, + and shall consist of 12 individuals who are experts in + HHT or arteriovenous malformation (AVM) as follows: + ``(i) Four representatives of HHT Treatment + Centers of Excellence designated under section + 317U(c)(1). + ``(ii) Four experts in vascular, molecular, + or basic science. + ``(iii) Four representatives of the + National Institutes of Health. + ``(B) Chair.--The Secretary shall designate the + Chair of the Committee from among its members. + ``(C) Interim members.--In place of the 4 members + otherwise required to be appointed under paragraph + (2)(A)(i), the Secretary may appoint 4 experts in + vascular, molecular, or basic science to serve as + members of the Committee during the period preceding + designation and establishment of HHT Treatment Centers + of Excellence under section 317U. + ``(D) Publication of names.--Not later than 30 days + after the establishment of the Committee, the Secretary + shall publish the names of the Chair and members of the + Committee on the Website of the Department of Health + and Human Services. + ``(E) Terms.--The members of the Committee shall + each be appointed for a 3-year term and, at the end of + each such term, may be reappointed. + ``(F) Vacancies.--A vacancy on the Committee shall + be filled by the Secretary in the same manner in which + the original appointment was made. + ``(3) Responsibilities.--The Committee shall develop and + coordinate implementation of a plan to advance research and + understanding of HHT by-- + ``(A) conducting or supporting basic, + translational, and clinical research on HHT across the + relevant national research institutes, national + centers, and offices of the National Institutes of + Health, including the National Heart, Lung, and Blood + Institute; the National Institute of Neurological + Disorders and Stroke; the National Institutes of + Diabetes and Digestive and Kidney Diseases; the Eunice + Kennedy Shriver National Institute of Child Health and + Human Development; the National Cancer Institute; and + the Office of Rare Diseases; and + ``(B) conducting evaluations and making + recommendations to the Secretary, the Director of the + National Institutes of Health, and the Director of the + National Cancer Institute regarding the prioritization + and award of National Institutes of Health research + grants relating to HHT, including with respect to + grants for-- + ``(i) expand understanding of HHT through + basic, translational, and clinical research on + the cause, diagnosis, prevention, control, and + treatment of HHT; + ``(ii) training programs on HHT for + scientists and health professionals; and + ``(iii) HHT genetic testing research to + improve the accuracy of genetic testing. + ``(c) Definitions.--In this section: + ``(1) The term `Committee' means the HHT Coordinating + Committee established under subsection (b). + ``(2) The term `HHT' means hereditary hemorrhagic + telangiectasia.''. + +SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION. + + Part B of title III of the Public Health Service Act is amended by +inserting after section 317T (42 U.S.C. 247b-22) the following: + +``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA. + + ``(a) In General.--With respect to hereditary hemorrhagic +telangiectasia (in this section referred to as `HHT'), the Director of +the Centers for Disease Control and Prevention (in this section +referred to as the `Director') shall carry out the following +activities: + ``(1) The conduct of population screening described in + subsection (c). + ``(2) The identification and conduct of investigations to + further develop and support guidelines for diagnosis of, and + intervention for, HHT, including cost-benefit studies. + ``(3) The development of a standardized survey and + screening tool on family history. + ``(4) The establishment, in collaboration with a voluntary + health organization representing HHT families, of an HHT + resource center within the Centers for Disease Control and + Prevention to provide comprehensive education on, and + disseminate information about, HHT to health professionals, + patients, industry, and the public. + ``(5) The conduct or support of public awareness programs + in collaboration with medical, genetic, and professional + organizations to improve the education of health professionals + about HHT. + ``(b) Collaborative Approaches.--The Director shall carry out this +section through collaborative approaches within the National Center on +Birth Defects and Developmental Disabilities and the Division for Heart +Disease and Stroke Prevention of the Centers for Disease Control and +Prevention. + ``(c) Population Screening.--In carrying out population screening +under subsection (a)(1), the Director shall-- + ``(1) designate and provide funding for a sufficient number + of HHT Treatment Centers of Excellence to improve patient + access to information, treatment, and care by HHT experts; + ``(2) conduct surveillance through a regional population + study, supplemented by sentinel health care provider or center + surveillance, and administrative database analyses as useful to + accurately identify-- + ``(A) the prevalence of HHT; and + ``(B) the prevalence of hemorrhagic and embolic + stroke and brain abscess, resulting from HHT; + ``(3) include HHT screening questions in the Behavioral + Risk Factor Surveillance System survey conducted by the Centers + for Disease Control and Prevention in order to screen a broader + population and more accurately determine the prevalence of HHT; + ``(4) disseminate data collected under paragraph (2)(B) to + the Paul Coverdell National Acute Stroke Registry, to be + utilized for analyses of natural history of hemorrhagic and + embolic stroke in HHT, and to develop screening and artery-vein + malformation treatment guidelines specific to prevention of + complications from HHT; + ``(5) develop and implement programs, targeted for + physicians and health care professional groups likely to be + accessed by families with HHT, to increase HHT diagnosis and + treatment rates through the-- + ``(A) establishment of a partnership with HHT + Treatment Centers of Excellence designated under + paragraph (1) through the creation of an international + database of patients assessed at such HHT Treatment + Centers of Excellence (including with respect to + phenotype information, genotype information, + transfusion dependence, and radiological findings); + ``(B) integration of such database with the + universal data collection system used by the Centers + for monitoring hemophilia with the blood disorders and + the Paul Coverdell National Acute Stroke Registry; and + ``(C) inclusion of other medical providers who + treat HHT patients; and + ``(6) use existing administrative databases on non-HHT + Treatment Center of Excellence patients to learn about the + natural history of HHT, the efficacy of various treatment + modalities, and to better inform and develop screening and + treatment guidelines associated with improvement in health care + outcomes, and research priorities relevant to HHT. + ``(d) Eligibility for Designation as HHT Treatment Center of +Excellence.--In carrying out subsection (c)(1), the Director may +designate as an HHT Treatment Center of Excellence only academic health +centers demonstrating each of the following: + ``(1) The academic health center possesses a team of + medical experts capable of providing comprehensive evaluation, + treatment, and education to individuals with known or suspected + HHT and their health care providers. + ``(2) The academic health center has sufficient personnel + with knowledge about HHT, or formal collaboration with + partnering organizations for personnel or resources, to be able + to-- + ``(A) respond in a coordinated, multidisciplinary + way to patient inquiries; and + ``(B) coordinate evaluation, treatment, and + education of patients and their families in a timely + manner. + ``(3) The academic health center has the following + personnel, facilities, and patient volume: + ``(A) A medical director with-- + ``(i) specialized knowledge of the main + organ manifestations of HHT; and + ``(ii) the ability to coordinate the + multidisciplinary diagnosis and treatment of + patients referred to the center. + ``(B) Administrative staff with-- + ``(i) sufficient knowledge to respond to + patient inquiries and coordinate patient care + in a timely fashion; and + ``(ii) adequate financial support to allow + the staff to commit at least 25 to 50 percent + of their time on the job to HHT. + ``(C) An otolaryngologist with experience and + expertise in the treatment of recurrent epistaxis in + HHT patients. + ``(D) An interventional radiologist with experience + and expertise in the treatment of pulmonary + arteriovenous malformations (AVM). + ``(E) A genetic counselor or geneticist with the + expertise to provide HHT-specific genetic counseling to + patients and families. + ``(F) On-site facilities to screen for all major + organ manifestations of HHT. + ``(G) A patient volume of at least 25 new HHT + patients per year. + ``(H) Established mechanisms to coordinate + surveillance and outreach with HHT patient advocacy + organizations.''. + +SEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES. + + With respect to hereditary hemorrhagic telangiectasia (in this sec +referred to as ``HHT''), the Secretary of Health and Human Services, +acting through the Administrator of the Centers for Medicare & Medicaid +Services, shall award grants on a competitive basis-- + (1) for an analysis by grantees of the Medicare Provider + Analysis and Review (MEDPAR) file to develop preliminary + estimates on the total costs to the Medicare program under + title XVIII of the Social Security Act for items, services, and + treatments for HHT furnished to individuals with HHT who are + entitled to benefits under part A of title XVIII of the Social + Security Act or enrolled under part B of such title; and + (2) to make recommendations regarding an enhanced data + collection protocol to permit a more precise determination of + the total costs described in paragraph (1). + +SEC. 7. AUTHORIZATION OF APPROPRIATIONS. + + (a) In General.--To carry out section 409K of the Public Health +Service Act as added by section 4 of this Act, section 317U of the +Public Health Service Act as added by section 5 of this Act, and +section 6 of this Act, there is authorized to be appropriated +$5,000,000 for each of fiscal years 2012 through 2016. + (b) Resource Center.--Of the amount authorized to be appropriated +under subsection (a) for each of fiscal years 2012 through 2016, +$1,000,000 shall be for carrying out section 317U(a)(4) of the Public +Health Service Act, as added by section 5 of this Act.","Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a vascular genetic bleeding disorder that causes abnormalities of the blood vessels) initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT. + +Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT. + +Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence. + +Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT; and (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs.","A bill to amend the Public Health Service Act to improve the diagnosis and treatment of hereditary hemorrhagic telangiectasia, and for other purposes."," The Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 aims to create a federally led initiative for early diagnosis and appropriate treatment of hereditary hemorrhagic telangiectasia (HHT), which is a vascular genetic bleeding disorder that can cause serious health consequences such as stroke, embolic stroke, brain abscess, and premature death. The Act seeks to establish an HHT initiative to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT, as well as increasing physician and public awareness of the condition. Additionally, the Act calls for the establishment of an HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent +Coin Redesign Act''. + +SEC. 2. FINDINGS. + + The Congress finds as follows: + (1) Abraham Lincoln, the 16th President, was one of the + Nation's greatest leaders, demonstrating true courage during + the Civil War, one of the greatest crises in the Nation's + history. + (2) Born of humble roots in Hardin County, Kentucky, on + February 12, 1809, Abraham Lincoln rose to the Presidency + through a combination of honesty, integrity, intelligence, and + commitment to the United States. + (3) With the belief that all men are created equal, Abraham + Lincoln led the effort to free all slaves in the United States. + (4) Abraham Lincoln had a generous heart, with malice + toward none and with charity for all. + (5) Abraham Lincoln gave the ultimate sacrifice for the + country he loved, dying from an assassin's bullet on April 15, + 1865. + (6) All Americans could benefit from studying the life of + Abraham Lincoln, for Lincoln's life is a model for + accomplishing the ``American dream'' through honesty, + integrity, loyalty, and a lifetime of education. + (7) The year 2009 will be the bicentennial anniversary of + the birth of Abraham Lincoln. + (8) Abraham Lincoln was born in Kentucky, grew to adulthood + in Indiana, achieved fame in Illinois, and led the nation in + Washington, D.C. + (9) The so-called ``Lincoln cent'' was introduced in 1909 + on the 100th anniversary of Lincoln's birth, making the obverse + design the most enduring on the nation's coinage. + (10) President Theodore Roosevelt was so impressed by the + talent of Victor David Brenner that the sculptor was chosen to + design the likeness of President Lincoln for the coin, adapting + a design from a plaque Brenner had prepared earlier. + (11) In the nearly 100 years of production of the ``Lincoln + cent'', there have been only 2 designs on the reverse: the + original, featuring 2 wheat-heads in memorial style enclosing + mottoes, and the current representation of the Lincoln Memorial + in Washington, D.C. + (12) On the occasion of the bicentennial of President + Lincoln's birth and the 100th anniversary of the production of + the Lincoln cent, it is entirely fitting to issue a series of + 1-cent coins with designs on the reverse that are emblematic of + the 4 major periods of President Lincoln's life. + +SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009. + + (a) In General.--During the year 2009, the Secretary of the +Treasury shall issue 1-cent coins in accordance with the following +design specifications: + (1) Obverse.--The obverse of the 1-cent coin shall continue + to bear the Victor David Brenner likeness of President Abraham + Lincoln. + (2) Reverse.--The reverse of the coins shall bear 4 + different designs each representing a different aspect of the + life of Abraham Lincoln, such as-- + (A) his birth and early childhood in Kentucky; + (B) his formative years in Indiana; + (C) his professional life in Illinois; and + (D) his presidency, in Washington, D.C. + (b) Issuance of Redesigned Lincoln Cents in 2009.-- + (1) Order.--The 1-cent coins to which this section applies + shall be issued with 1 of the 4 designs referred to in + subsection (a)(2) beginning at the start of each calendar + quarter of 2009. + (2) Number.--The Secretary shall prescribe, on the basis of + such factors as the Secretary determines to be appropriate, the + number of 1-cent coins that shall be issued with each of the + designs selected for each calendar quarter of 2009. + (c) Design Selection.--The designs for the coins specified in this +section shall be chosen by the Secretary-- + (1) after consultation with the Abraham Lincoln + Bicentennial Commission and the Commission of Fine Arts; and + (2) after review by the Citizens Coinage Advisory + Committee. + +SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009. + + The design on the reverse of the 1-cent coins issued after December +31, 2009, shall bear an image emblematic of President Lincoln's +preservation of the United States of America as a single and united +country. + +SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909 + PENNY. + + The Secretary of the Treasury shall issue 1-cent coins in 2009 with +the exact metallic content as the 1-cent coin contained in 1909 in such +number as the Secretary determines to be appropriate for numismatic +purposes. + +SEC. 6. SENSE OF THE CONGRESS. + + It is the sense of the Congress that the original Victor David +Brenner design for the 1-cent coin was a dramatic departure from +previous American coinage that should be reproduced, using the original +form and relief of the likeness of Abraham Lincoln, on the 1-cent coins +issued in 2009.","Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln. + +Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country.",A bill to provide for the redesign of the reverse of the Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary of the birth of President Abraham Lincoln.," The Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act aims to redesign the Lincoln cent coin for its bicentennial anniversary in 2009. The coin will feature four different designs on the reverse, each representing a different aspect of Abraham Lincoln's life: his birth and early childhood in Kentucky, his formative years in Indiana, his professional life in Illinois, and his presidency in Washington, D.C. The coin will continue to bear Victor David Brenner's likeness of President Lincoln on the obverse. After 2009, the reverse design will feature an image emblematic of Lincoln's preservation of the United States as a single and united country. Additionally, the Secretary of the Treasury is encouraged to issue coins with the exact metallic content as the 1909 penny for numismatic purposes." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Tribal Connect Act of 2017''. + +SEC. 2. ELIGIBILITY OF TRIBAL LIBRARIES AND QUALIFYING ANCHOR + INSTITUTIONS FOR E-RATE SUPPORT. + + Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is +amended-- + (1) in subsection (h)(4), by inserting ``, except as + provided in subsection (m),'' before ``is a library or library + consortium''; and + (2) by adding at the end the following: + ``(m) Eligibility of Tribal Libraries and Qualifying Anchor +Institutions for E-Rate Support.-- + ``(1) Definitions.--In this subsection-- + ``(A) the term `broadband Internet access service' + has the meaning given the term in section 8.2 of title + 47, Code of Federal Regulations, or any successor + regulation; + ``(B) the term `E-rate program' means the universal + service program for schools and libraries authorized + under subsection (h)(1)(B), the rules of which are set + forth under subpart F of part 54 of title 47, Code of + Federal Regulations (or any successor regulation), as + authorized under subsection (h)(2)(A); + ``(C) the term `E-rate support' means universal + service discounts on eligible services in accordance + with subpart F of part 54 of title 47, Code of Federal + Regulations (or any successor regulation), as + authorized under subsection (h)(2)(A); + ``(D) the term `Indian tribe' has the meaning given + the term in section 20.1 of title 25, Code of Federal + Regulations, or any successor regulation; and + ``(E) the term `qualifying anchor institution' + means a facility owned by an Indian tribe, including a + tribal government building, chapter house, longhouse, + community center, senior center, or other similar + public building. + ``(2) Eligibility of tribal libraries for e-rate support.-- + ``(A) Designation of tribal libraries as libraries + eligible for e-rate support.-- + ``(i) In general.--An Indian tribe that is + eligible for support under section 261 of the + Library Services and Technology Act (20 U.S.C. + 9161) may designate a tribal library or tribal + library consortium as a library or consortium + that is eligible for E-rate support, without + regard to whether the library or library + consortium is eligible for assistance from a + State Library Administrative Agency under the + Library Services and Technology Act (20 U.S.C. + 9121 et seq.), if the library or library + consortium is eligible for support from an + Indian tribe under such section 261. + ``(ii) Rule of construction.--Nothing in + clause (i) shall be construed to exempt a + tribal library from any requirement under the + E-rate program not described in that clause, + including the other requirements relating to + eligible recipients under section 54.501 of + title 47, Code of Federal Regulations (or any + successor regulation). + ``(B) Tribal anchor institution demonstration + program.-- + ``(i) In general.--The Commission, in + consultation with the Institute of Museum and + Library Services and any other agency with + relevant responsibilities, shall establish a + pilot program to be known as the `Tribal Anchor + Institution Program', under which the + Commission shall provide E-rate support to + Indian tribes for qualifying anchor + institutions designated by the Indian tribes. + ``(ii) Eligibility.-- + ``(I) In general.--To be eligible + to obtain E-rate support under this + subparagraph, a tribal government shall + not have an existing tribal library + eligible for the Schools and Libraries + Universal Service Support program + within the tribal community. + ``(II) Requirements.--E-rate + support obtained under this + subparagraph shall only be available + for an Indian tribe if-- + ``(aa) the proposed + qualifying anchor institution + is exclusively owned by the + Indian tribe; and + ``(bb) the proposed + qualifying anchor institution + intends to deliver publicly + available Internet access to + students, teachers, librarians, + and members of the community + for educational purposes. + ``(III) Rule of construction.-- + Nothing in this clause shall be + construed to provide the Commission + with the authority to modify the + eligibility requirements described in + this clause. + ``(iii) Use of contributions.--Of the + amount collected for the Universal Service Fund + under subsection (d), $20,000,000 shall be made + available for each of the first 5 fiscal years + beginning after the date of enactment of the + Tribal Connect Act of 2017 to the Commission to + carry out this paragraph. + ``(3) Training and technical assistance for tribal schools + and libraries.-- + ``(A) Annual reports.--The Commission shall direct + the Administrator of the Schools and Libraries + Universal Service Support program to submit an annual + report to the Commission regarding the actions of the + Schools and Libraries Universal Service Support program + to ensure that tribal schools and libraries can + participate fully and effectively in the E-rate + program, including-- + ``(i) outreach efforts targeted to tribal + schools and libraries to promote awareness of + the E-rate program; + ``(ii) specific E-rate training programs + for tribal schools and libraries; and + ``(iii) other technical assistance + initiatives regarding the program's application + process that are available to tribal schools + and libraries. + ``(B) Review of annual reports.--The Commission + shall review each annual report required under + subparagraph (A) to determine whether additional steps + are necessary to ensure that tribal schools and + libraries can participate fully and effectively in the + E-rate program. + ``(4) Coordination and performance measurement.--The + Commission shall-- + ``(A) improve the reliability of the data of the + Commission relating to institutions that receive E-rate + support by defining the term `tribal' on the + application for E-rate support; and + ``(B)(i) develop performance goals and measures to + track progress on achieving the strategic objective of + the Commission of ensuring that all tribal libraries + have affordable access to broadband Internet access + service technologies for educational purposes for + students, teachers, librarians, and members of the + community; and + ``(ii) not later than 1 year after the date of + enactment of this subsection, submit to Congress and + make public a report on the goals and measures + developed under clause (i).''.","Tribal Connect Act of 2017 This bill amends the Communications Act of 1934 to expand the Schools and Libraries Universal Service Support (E-rate) program to include support for Indian tribal libraries that are eligible for support under the Library Services and Technology Act (LSTA), without regard to whether the libraries are eligible for assistance from state library administrative agencies under the LSTA. The E-rate program provides discounted telecommunications services to certain schools and libraries. The Federal Communications Commission must establish a pilot Tribal Anchor Institution Program to provide E-rate support to tribes for institutions that are not schools or libraries, such as community centers. E-rate support may be provided to institutions designated by tribes if: (1) the tribes do not have existing libraries that are eligible for E-rate support; (2) the institutions are exclusively owned by the tribes; and (3) the institutions intend to deliver publicly available Internet access to students, teachers, librarians, and community members for educational purposes.",Tribal Connect Act of 2017," The Tribal Connect Act of 2017 aims to amend Section 254 of the Communications Act of 1934 to include eligibility for E-rate support for tribal libraries and qualifying anchor institutions. This act defines terms such as ""broadband Internet access service,"" ""E-rate program,"" ""E-rate support,"" and ""qualifying anchor institution."" It allows Indian tribes to designate tribal libraries or consortiums as eligible for E-rate support if they are eligible for support from an Indian tribe under the Library Services and Technology Act. The act also establishes a pilot program called the Tribal Anchor Institution Program to provide E-rate support to Indian tribes for qualifying anchor institutions designated by the tribes themselves. Additionally, the act requires annual reports on training and technical assistance for tribal schools and libraries to ensure their full participation in the E-rate program." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Combating Climate Change Through +Individual Action Act of 2008''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Agricultural, grassland, and forestry practices play an + essential role in capturing atmospheric carbon and sequestering + it as soil organic matter. + (2) Released carbon can be captured through improved + grassland management, tree planting, forest preservation, and + enhanced agronomic and irrigation practices. + (3) Promoting increased natural carbon sinks could have a + significant impact on the world's projected carbon emissions + from the burning of fossil fuels. + (4) Certain agricultural and forestry practices can reduce + greenhouse gases: (A) avoiding emissions by maintaining + existing carbon storage in trees and soils; (B) increasing + carbon storage by, e.g., tree planting, conversion from + conventional to conservation tillage practices on agricultural + lands; + (5) The large potentials exist through known cropping and + land management practices such as adoption of no-till, reduced + fallow and use of cover crops, and conservation set-asides with + perennial grasses and trees. + +SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 (relating to business related +credits) is amended by adding at the end the following new section: + +``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION. + + ``(a) In General.--For purposes of section 38, in the case of a +taxpayer engaged in the business of farming, the credit determined +under this section for the taxable year is an amount equal to 30 +percent of the qualified carbon sequestration and soil conservation +expenditures for the taxable year which are paid or incurred with +respect to the land used in such farming. + ``(b) Limitation.--The credit allowed with respect to a taxpayer +under this section for a taxable year shall not exceed an amount equal +to $10,000, reduced by the sum of the credits allowed with respect to +the taxpayer under subsection (a) for all preceding taxable years. + ``(c) Qualified Carbon Sequestration and Soil Conservation +Expenses.--For purposes of this section-- + ``(1) In general.--The term `qualified carbon sequestration + and soil conservation expenditures' means amounts paid or + incurred to sequester carbon and conserve soil, including-- + ``(A) expenditures described in section 175(c), + ``(B) conservation tillage expenditures, + ``(C) cover cropping expenditures, + ``(D) amounts paid or incurred to increase the + nitrogen use efficiency (other than use of nitrogen + fertilizers) of land used in farming, and + ``(E) amounts paid or incurred for multiple year + rotations, including introduction of a perennial that + reduces carbon loss and tillage, builds soil tilth, and + increases carbon capture capacity. + ``(2) Conservation tillage expenditures.--The term + `conservation tillage expenditures' means any expenditures paid + or incurred for a tilling and planting method in which at least + 30 percent of the previous crop residue remains on the soil + after planting the current crop. Such term includes the + following tilling practices: no till, ridge till, minimum till, + and mulch till. + ``(3) Cover cropping expenditures.--The term `cover + cropping expenditures' means expenditures paid or incurred for + the preparation and seeding of land for any grass, legume, or + small grain-- + ``(A) which is not the primary crop of the + taxpayer, + ``(B) the primary purpose of which is to achieve + one or more of the following: reduction in erosion; + maintenance or improvement in soil fertility, tilth, + and structure, + ``(C) a purpose of which may be interruption of + pest cycles or conservation of water. + ``(d) Per Acre Credit Alternative.-- + ``(1) In general.--Not later than 180 days after the date + of the enactment of this section, the Secretary shall, in + consultation with the Secretary of Agriculture, establish an + alternative procedure for determining the credit under + subsection (a), which, at the election of the taxpayer, shall + be treated as the amount determined under subsection (a). + ``(2) Procedure described.--(A) The Secretary shall + establish credit amounts to apply to land used in farming on a + per acre basis with respect to each method of carbon + sequestration and soil conservation described in subsection + (c)(1). + ``(B) Such credit amounts shall be based on the efficacy of + the method in sequestering carbon and preventing soil erosion. + ``(C) No such credit amount may exceed $15 per acre. + ``(D) The Secretary shall prescribe rules similar to the + rules of paragraphs (1) through (4) of subsection (e) to apply + for purposes of the procedure established under this + subsection. + ``(3) Election.--An election to use such alternative method + shall be made in such form and manner as the Secretary may + prescribe, and shall apply to the taxable year for which made + and for all subsequent taxable years. + ``(e) Definition and Special Rules.-- + ``(1) Land used in farming.--For purposes of this section, + land shall be treated as used in farming only if such land is + used (before or simultaneously with the expenditures described + in subsection (c)(1)) by the taxpayer or his tenant for the + production of crops, fruits, or other agricultural products or + for the sustenance of livestock. + ``(2) Expenditures must be consistent with soil + conservation plan.--Notwithstanding any other provision of this + section, subsection (a) shall not apply to any expenditures + unless such expenditures are consistent with-- + ``(A) the plan (if any) approved by the Soil + Conservation Service of the Department of Agriculture + for the area in which the land is located, or + ``(B) if there is no plan described in clause (i), + any soil conservation plan of a comparable State + agency. + ``(3) Basis adjustment.--For purposes of this subtitle, if + a credit is determined under this section for any expenditure + with respect to any property, the increase in the basis of such + property which would (but for this paragraph) result from such + expenditure shall be reduced by the amount of the credit so + determined. + ``(4) Denial of double benefit.--No deduction or other + credit shall be allowed under this chapter for any amount taken + into account in determining the credit under this section. + ``(f) Termination.--This section shall not apply to taxable years +beginning after December 31, 2013.''. + (b) Credit Made Part of General Business Credit.--Subsection (b) of +section 38 of such Code (relating to current year business credit) is +amended by striking ``plus'' at the end of paragraph (30), by striking +the period at the end of paragraph (31) and inserting ``plus'', and by +adding at the end the following new paragraph: + ``(32) the carbon sequestration and soil conservation + credit determined under section 45O(a).''. + (c) Conforming Amendments.--Subsection (a) of section 1016 of such +Code (relating to adjustments to basis) is amended by striking ``and'' +at the end of paragraph (35), by striking the period at the end of +paragraph (36) and inserting ``and'', and by adding at the end the +following new paragraph: + ``(37) to the extent provided in section 45O(e).''. + (d) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 of such Code is amended by adding +at the end the following new item: + +``Sec. 45O. Carbon sequestration and soil conservation.''. + (e) Effective Date.--The amendments made by this section shall +apply to expenditures paid or incurred after December 31, 2008. + +SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT. + + (a) In General.--Subpart B of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 (relating to other credits) is +amended by adding at the end the following new section: + +``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT. + + ``(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 10 percent of the qualified planting expenditures of the +taxpayer for the taxable year. + ``(b) Limitations.--The amount taken into account under subsection +(a) for any taxable year shall not exceed-- + ``(1) in the case of expenditures paid or incurred by the + taxpayer with respect to an area which is included under + section 121 as part of the taxpayer's principal residence, + $5,000, + ``(2) in the case of expenditures paid or incurred by the + taxpayer in the course of, or with respect to, a trade or + business carried on by the taxpayer, $50,000, and + ``(3) in any other case, zero. + ``(c) Qualified Planting Expenditures.--For purposes of this +section-- + ``(1) In general.--The term `qualifying planting + expenditures' means expenditures paid or incurred-- + ``(A) for the purchase and planting of any tree, + plant, shrub, or bush which meets the requirements of + paragraph (2), and + ``(B) for the purchase and installation of a + vegetated roof system. + Such term shall not include expenditures relating to any + property which is held by the taxpayer for use in a trade or + business or for the production of income, or which is property + described in section 1221(a)(1) in the hands of the taxpayer. + ``(2) Trees, plants, shrubs, or bushes.--A tree, plant, + shrub, or bush satisfies the requirements of the paragraph if + such tree, plant, shrub, or bush is certified, in accordance + with guidance prescribed by the Secretary (after consultation + with the Administrator of the Environmental Protection Agency + and the Secretary of Agriculture), to be quick-growing, + appropriate for the region in which it is planted, and + effective in capturing carbon. + ``(3) Vegetated roof system.--The term `vegetated roof + system' means a system by which vegetation growing in a + substrate is integrated with the roof (or portion thereof) of a + building owned by the taxpayer. + ``(d) Application With Other Credits.--The credit allowed under +subsection (a) for any taxable year shall not exceed the excess (if +any) of-- + ``(1) the regular tax liability (as defined in section + 26(b)) reduced by the sum of the credits allowable under + subpart A and sections 27, 30, 30B, and 30C, over + ``(2) the tentative minimum tax for the taxable year. + ``(e) Definition and Special Rules.--For purposes of this section-- + ``(1) Principal residence.--The term `principal residence' + has the same meaning as when used in section 121, except that + no ownership requirement shall be imposed. + ``(2) Joint occupancy, cooperative housing corporations, + and condominium management associations.--Rules similar to the + rules of paragraphs (4), (5), and (6) of section 25D(e) shall + apply. + ``(3) Expenditures outside united states.--The credit under + this section shall not be allowed with respect to expenditures + paid or incurred for areas located outside the United States. + ``(4) Basis adjustment.--For purposes of this subtitle, if + a credit is allowed under this section for an expenditure, the + increase in basis which would result (but for this subsection) + from such expenditure shall be reduced by the amount of credit + allowed under this section. + ``(f) Termination.--This section shall not apply to taxable years +beginning after December 31, 2013.''. + (b) Conforming Amendments.-- + (1) Subsection (a) of section 1016, as amended by section + 3, is amended by striking ``and'' at the end of paragraph (36), + by striking the period at the end of paragraph (37) and + inserting ``and'', and by adding at the end the following new + paragraph: + ``(38) to the extent provided in section 30D(e)(4).''. + (2) The table of sections for subpart B of part IV of + subchapter A of chapter 1 of such Code is amended by inserting + after the item relating to section 30C the following new item: + +``Sec. 30D. Qualified planting expenditure credit.''. + (c) Effective Date.--The amendments made by this section shall +apply to expenditures paid or incurred after December 31, 2008. + +SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Treasury, in consultation +with the Department of Agriculture, shall establish an appropriate tax +credit, with respect to land located in the United States, for-- + (1) the conversion of cropland to pasture for grazing + purposes or to grassland or rangeland, and + (2) reforestation and afforestation of land-- + (A) which is not held by the taxpayer for the + planting, cultivating, caring for, and cutting of trees + for sale or use in the commercial production of timber + products, and + (B) with trees which are not held by the taxpayer + for use in a trade or business or for the production of + income. + (b) Other Rules Relating to Credit.-- + (1) Credit to be per acre.--The Secretary shall establish + credit amounts to apply to land on a per acre basis with + respect to each method of conservation described in subsection + (a). + (2) Pursuant to approved plan.--Such methods must be + pursuant to a plan submitted by the taxpayer and approved by + the Secretaries of the Treasury and Agriculture. + (3) Basis for credit amounts.--Credit amount shall be based + on-- + (A) the efficacy of the method in sequestering + carbon and preventing soil erosion, + (B) the expenditures relating to such method, and + (C) the number of years the taxpayer certifies to + the Secretary or ensures (by conservation easement or + otherwise) that the applicable land will remain subject + to the approved plan. + (4) Recapture.--The Secretary shall provide for recapturing + the benefit of any credit allowed under this section with + respect to any property that ceases to be used in accordance + with the approved plan. + (5) Denial of double benefit and basis adjustment.--The + Secretary shall provide-- + (A) an appropriate basis adjustment for property + with respect to which such credit is allowed, and + (B) rules disallowing such deductions and other + credits as may be appropriate to avoid allowing + additional tax benefits for the same conservation + method or expenses. + (c) Effective Date.--The credit established by the Secretary shall +apply to taxable years beginning after December 31, 2008. + +SEC. 6. CARBON SEQUESTRATION CREDIT REPORT. + + (a) In General.--In the case of any substantial change in the +carbon sequestration market (including the enactment into law of a +carbon cap and trade program), the Secretary of the Treasury shall, in +consultation with any appropriate Federal officers, study such change +and any effect of such change on the efficiency of, and need for, the +credits allowed under section 5 of this Act and sections 45O and 30D of +the Internal Revenue Code of 1986. + (b) Report.--As soon as practicable after sufficient opportunity to +observe the effect of such change in the carbon sequestration market, +the Secretary shall submit a report to Congress containing the results +of the study conducted under subsection (a) and any recommendations of +the Secretary for modifying such credits based on such results.","Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land.",To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration.," The Combating Climate Change Through Individual Action Act of 2008 aims to encourage agricultural, grassland, and forestry practices that capture atmospheric carbon and sequester it as soil organic matter. It proposes carbon sequestration and soil conservation credits for farmers who implement these practices. The Act highlights the importance of increased natural carbon sinks to reduce global carbon emissions from burning fossil fuels. It also suggests that certain agricultural and forestry practices can reduce greenhouse gases by avoiding emissions and increasing carbon storage. The Act proposes tax credits for qualified carbon sequestration and soil conservation expenditures, qualified planting expenditures, and grassland, rangeland, and forest conservation credits." +"SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER. + + The Association of American State Geologists, a nonprofit +corporation organized under the laws of the State of Delaware, is +recognized and granted a Federal charter. + +SEC. 2. POWERS. + + The Association of American State Geologists (in this Act referred +to as the ``association'') shall have only those powers granted to it +through its constitution, bylaws and article of incorporation filed in +the State of Delaware and subject to the laws of the State of Delaware. + +SEC. 3. PURPOSES. + + The purposes of the association are those provided in its +constitution, bylaws and article of incorporation and shall include the +following: + (1) To promote, advance and protect the common good, + welfare and security of the Nation through the application of + geology and related earth sciences to-- + (A) foster wise and responsible stewardship of the + Nation's natural resources; + (B) foster the creation of national wealth, general + prosperity and a high quality of life in the United + States; + (C) foster appropriate and sustainable economic + development; + (D) foster prudent exploration, development, + utilization, management and conservation of the + Nation's land, seas and seabeds including energy, + mineral, water, environmental and ecological resources; + (E) avoid, reduce and mitigate hazards related to + geology, earthquakes, volcanoes, landslides and other + natural hazards through public awareness and + coordination with appropriate local, State, regional + and Federal agencies; and + (F) educate the general public concerning the + critical importance of geology to society, + civilization, culture, economy and national security. + (2) To advance the science and practical application of + geology and related earth sciences in the United States and its + possessions. + (3) To improve the effectiveness of State geological + surveys through the interchange of ideas pertaining to their + administrative organization, programs, and applications to + economic changes and other geologically related issues. + (4) To improve methods of assembling and disseminating data + and information to mining, energy, agriculture, utility, + construction, insurance and banking industries; educational + institutions; civic and professional organizations; + legislators; governmental agencies; and the public. + (5) To effectively coordinate activities with Federal and + State agencies working in related fields. + +SEC. 4. SERVICE OF PROCESS. + + With respect to service of process, the association shall comply +with the law of the State of Delaware and those States in which it +carries on its activities in furtherance of the purposes of the +association. + +SEC. 5. MEMBERSHIP. + + Except as provided in section (8)(g), eligibility for membership in +the association and the rights and privileges of members shall be as +provided in the constitution, bylaws and articles of incorporation of +the association. + +SEC. 6. BOARD OF DIRECTORS. + + Except as provided in section 8(g), the composition of the board of +directors of the association and the responsibilities of the board +shall be as provided in the constitution, bylaws and articles of +incorporation of the association. + +SEC. 7. OFFICERS. + + Except as provided in section 8(g), the positions of officers of +the association and the election of members to such positions shall be +as provided in the constitution, bylaws and articles of incorporation +of the association. + +SEC. 8. RESTRICTIONS. + + (a) Income and Compensation.--No part of the income or assets of +the association may insure to the benefit of any member, officer, or +director of the association or be distributed to any such individual +during the life of this charter. Nothing in this subsection may be +construed to prevent the payment of reasonable compensation to the +officers and employees of the association or reimbursement for actual +and necessary expenses in amounts approved by the board of directors. + (b) Loans.--The association may not make any loan to any member, +officer, director or employee of the association. + (c) Issuance of Stock and Payment of Dividends.--The association +may not issue any shares of stock or declare or pay any dividends. + (d) Disclaimer of Congressional or Federal Approval.--The +association may not claim the approval of Congress or the authorization +of the Federal Government for any of its activities by virtue of this +Act. + (e) Association Status.--The association shall maintain its status +as an entity organized and incorporated under the laws of the State of +Delaware. + (f) Association Function.--The association shall function as an +educational, patriotic, civic, historical and research organization +under the laws of the State of Delaware. + (g) Nondiscrimination.--In establishing the conditions of +membership in the association and in determining the requirements for +serving on the board of directors or as an officer of the association, +the association may not discriminate on the basis of race, color, +religion, sex, disability, age or national origin. + +SEC. 9. LIABILITY. + + The association shall be liable for the acts of its officers, +directors, employees and agents whenever such individuals act within +the scope of their authority. + +SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. + + (a) Books and Records of Account.--The association shall keep +correct and complete books and records of account and minutes of any +proceeding of the association involving any of its members, the board +of directors, or any committee having authority under the board of +directors. + (b) Names and Addresses of Members.--The association shall keep at +its principal office a record of the names and addresses of all members +having the right to vote in any proceeding of the association. + (c) Right To Inspect Books and Records.--All books and records of +the association may be inspected by any member having the right to vote +in any proceeding of the association, or by any agent or attorney of +such member, for any proper purpose at any reasonable time. + (d) Application of State Law.--This section may not be construed to +contravene any applicable State law. + +SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. + + The first section of the Act entitled ``An Act to provide for audit +of accounts of private corporations established under Federal law'', +approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the +end the following: + ``(80) Association of American State Geologists.''. + +SEC. 12. ANNUAL REPORT. + + The association shall annually submit to Congress a report +concerning the activities of the association during the preceding +fiscal year. The annual report shall be submitted on the same date as +the report of the audit required by reason of the amendment made in +section 11. The annual report shall not be printed as a public +document. + +SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. + + The right to alter, amend, or repeal this Act is expressly reserved +to Congress. + +SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER. + + If the association fails to maintain its status as an entity exempt +from taxation as provided in the Internal Revenue Code of 1986 the +charter granted in this Act shall terminate. + +SEC. 15. TERMINATION. + + The charter granted in this Act shall expire if the association +fails to comply with any of the provisions of this Act. + +SEC. 16. DEFINITION OF STATE. + + For the purposes of this Act, the term ``State'' includes the +District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth +of the Northern Mariana Islands and the territories and possessions of +the United States.",Grants a Federal charter to the Association of American State Geologists (a nonprofit corporation organized under the laws of Delaware).,To grant a federal charter to the Association of American State Geologists.," The Association of American State Geologists is recognized and granted a Federal charter as a nonprofit corporation under Delaware law. The association's purposes include promoting the common good through geology and related earth sciences, fostering responsible stewardship of natural resources, creating national wealth and general prosperity, fostering sustainable economic development, and educating the public on geology's importance to society. The association must comply with Delaware law regarding service of process, membership, board of directors, and officers. The charter prohibits income distribution to members or officers, loans to members or officers, stock issuance or payment of dividends, and claiming Congressional or Federal approval for activities. The association must maintain its status as an entity exempt from taxation as provided in the Internal Revenue Code of 1986. Failure to comply with any provisions of the Act will result in charter termination." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Cyber Security Information Act''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds the following: + (1)(A) Many information technology computer systems, + software programs, and similar facilities are essential to the + functioning of markets, commerce, consumer products, utilities, + government, and safety and defense systems, in the United + States and throughout the world. + (B) Protecting systems and products against domestic and + international attacks or misuse through the Internet, public, + or private telecommunications systems, or similar means is a + matter of national and global interest. + (C) Such protection is best accomplished through private + sector solutions that are market driven and industry led + because the private sector owns, operates, and has developed + many of the networks, products, and services that constitute + the information infrastructure. + (D) Government should work cooperatively with industry on a + voluntary basis to achieve such protection and should not + mandate the private sector use particular technologies, dictate + standards, or impose undue costs. + (2) The prompt, voluntary, candid, and thorough, but secure + and protected, disclosure and exchange of information related + to the cyber security of entities, systems, and + infrastructure-- + (A) would greatly enhance the ability of private + and public entities to improve their cyber security; + (B) would measurably contribute to avoidance of + financial risk and loss resulting from disruption or + harm to critical institutional elements of the United + States economy, including but not limited to securities + exchanges, banking and other financial services + institutions, communications networks, transportation + systems, manufacturing, information technology, health + care, government services, and electric utilities and + energy providers, or from serious damage to public + confidence in such critical institutional elements; and + (C) is therefore a vital factor in minimizing any + potential cyber security-related disruption to the + Nation's critical infrastructure and the consequences + for its economic well-being and national security. + (3) Concern about the potential for legal liability + associated with the disclosure and exchange of cyber security + information has impeded and continues to impede the secure + disclosure and protected exchange of such information. + (4) The capability to securely disclose and engage in the + protected exchange of information relating to cyber security, + solutions, test practices, test results, and risk assessments + and audits, without undue concern about inappropriate + disclosure of that information, is critical to the ability of + private and public entities to address cyber security needs in + a timely manner. + (5) The national interest will be served by uniform legal + standards in connection with the secure disclosure and + protected exchange of cyber security information that will + promote appropriate disclosures and exchanges of such + information in a timely fashion. + (6) The ``National Plan for Information Systems Protection, + Version 1.0, An Invitation to a Dialogue'', released by the + President on January 7, 2000, calls for the Government to + assist in seeking changes to applicable laws on ``Freedom of + Information, liability, and antitrust where appropriate'' in + order to foster industry-wide centers for information sharing + and analysis. + (b) Purposes.--Based upon the powers contained in article 1, +section 8, clause 3 of the Constitution of the United States, the +purposes of this Act are-- + (1) to promote the secure disclosure and protected exchange + of cyber security information; + (2) to assist private industry and government in responding + effectively and rapidly to cyber security problems; + (3) to lessen burdens on interstate commerce by + establishing certain legal principles in connection with the + secure disclosure and protected exchange of cyber security + information; and + (4) to protect the legitimate users of cyber networks and + systems, and to protect the privacy and confidentiality of + shared information. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Antitrust laws.--The term ``antitrust laws''-- + (A) has the meaning given to it in subsection (a) + of the first section of the Clayton Act (15 U.S.C. + 12(a)), except that such term includes section 5 of the + Federal Trade Commission Act (15 U.S.C. 45) to the + extent such section 5 applies to unfair methods of + competition; and + (B) includes any State law with the same intent and + effect as the laws referred to in subparagraph (A). + (2) Critical infrastructure.--The term ``critical + infrastructure'' means facilities or services so vital to the + nation or its economy that their disruption, incapacity, or + destruction would have a debilitating impact on the defense, + security, long-term economic prosperity, or public health or + safety of the United States. + (3) Cyber security information.-- + (A) In general.--The term ``cyber security + information'' means information related to-- + (i) the ability of any protected system, or + critical infrastructure to resist intentional + interference, compromise, or incapacitation + through the misuse of or unauthorized access to + or use of the Internet, public or private + telecommunications systems, or other similar + conduct that violates Federal, State, or + international law, that harms interstate + commerce of the United States, or that + threatens public health or safety; + (ii) any planned or past assessment, + projection or estimate concerning a cyber + security vulnerability of a protected system, + or critical infrastructure; + (iii) any planned or past cyber security + testing, risk assessment, or audit; + (iv) any planned or past operational + problems or solutions related to the cyber + security of any protected system, or critical + infrastructure; or + (v) any immediate threats to the cyber + security of any protected system, or critical + infrastructure. + (B) Exclusion.--For the purposes of any action + brought under the securities laws, as that term is + defined in section 3(a)(47) of the Securities Exchange + Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber + security information'' does not include information or + statements contained in any documents or materials + filed with the Securities and Exchange Commission, or + with Federal banking regulators, pursuant to section + 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. + 781(i)), or disclosures or writing that when made + accompanied the solicitation of an offer or sale of + securities. + (4) Protected system.--The term ``protected system'' + includes but is not limited to any system or process deployed + in or remotely affecting a critical infrastructure facility + consisting of one or more of the following: computer, computer + system, network, or any component hardware or element of the + foregoing, software program, processing instruction or data in + storage, irrespective of the storage medium. + (5) Information sharing organization; iso.--The terms + ``Information Sharing Organization'' and ``ISO'' mean an + Information Sharing and Analysis Center (``ISAC'') or any other + entity created by private sector organizations for the purpose + of sharing cyber security information among such organizations, + with or among their individual affiliated members, and with and + from State, local, and Federal Government agencies. + +SEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE + GOVERNMENT. + + (a) In General.--Cyber security information that is voluntarily +provided to any Federal entity, agency, or authority shall not be +disclosed and must be protected against disclosure. + (b) Specifics.--This section shall apply to cyber security +information voluntarily provided-- + (1) directly to the government about its own cyber + security; + (2) directly to the government about a third party's cyber + security; or + (3) to an ISO, which is subsequently provided to the + government in identifiable form. + (c) Protections.--Except with the express consent or permission of +the provider of cyber security information, any cyber security +information provided pursuant to subsection (b)-- + (1) shall be exempt from disclosure under section 552(a) of + title 5, United States Code (commonly known as the ``Freedom of + Information Act''), by any Federal entity, agency, and + authority; + (2) shall not be disclosed to any third party except + pursuant to subsection (e)(3); and + (3) shall not be used by any Federal or State entity, + agency, or authority or by any third party, directly or + indirectly, in any civil action arising under any Federal or + State law. + (d) Exemptions.--Any disclosure of cyber security information by +any private entity, or by any Information Sharing Organization as +defined in section 3(5) of this Act, to any official of an agency of +the United States in accordance with subsection (b) of this section +shall not be subject to-- + (1) the requirements of the Federal Advisory Committee Act + (5 U.S.C. App.) with regard to notice of meetings and + publication of the record of such disclosure; and + (2) any agency rules regarding ex parte communications with + decision making officials. + (e) Exceptions.-- + (1) Information obtained elsewhere.--Nothing in this + section shall preclude a Federal or State entity, agency, or + authority, or any third party, from separately obtaining cyber + security information through the use of independent legal + authorities, and using such separately obtained information in + any action. + (2) Public disclosure.--A restriction on use or disclosure + of information under this section shall not apply to any + information disclosed generally or broadly to the public. + (3) Third party information.--A Federal entity, agency, or + authority receiving cyber security information from one private + entity about another private entity's cyber security shall + notify and convey that information to the latter upon its + initial receipt, except that such entity, agency, or authority + shall not notify the third party if the Government has probable + cause to believe that such party has conducted, or may be + conducting economic espionage against United States entities + within the meaning of the Economic Espionage Act (18 U.S.C. + 1831 et seq.) or if such entity derives support from any nation + currently under a trade embargo. + +SEC. 5. ANTITRUST EXEMPTION. + + (a) Exemption.--Except as provided in subsection (b), the antitrust +laws shall not apply to conduct engaged in, including making and +implementing an agreement, solely for the purpose of and limited to-- + (1) facilitating the correction or avoidance of a cyber + security-related problem; or + (2) communication of or disclosing information to help + correct or avoid the effects of a cyber security-related + program. + (b) Exception to Exemption.--Subsection (a) shall not apply with +respect to conduct that involves or results in an agreement to boycott +any person, to allocate a market, or to fix prices or output. + +SEC. 6. CYBER SECURITY WORKING GROUPS. + + (a) In General.-- + (1) Working groups.--The President may establish and + terminate working groups composed of Federal employees who will + engage outside organizations in discussions to address cyber + security, to share information related to cyber security, and + otherwise to serve the purposes of this Act. + (2) List of groups.--The President shall maintain and make + available to the public a printed and electronic list of such + working groups and a point of contact for each, together with + an address, telephone number, and electronic mail address for + such point of contact. + (3) Balance.--The President shall seek to achieve a balance + of participation and representation among the working groups. + (4) Meetings.--Each meeting of a working group created + under this section shall be announced in advance in accordance + with procedures established by the President. + (b) Federal Advisory Committee Act.--The Federal Advisory Committee +Act (5 U.S.C. App.) shall not apply to the working groups established +under this section. + (c) Private Right of Action.--This section creates no private right +of action to sue for enforcement of any provision of this section.","Cyber Security Information Act - Prohibits the disclosure of ""cyber security information"" (defined to include information related to the ability of any protected system, or critical infrastructure, to resist intentional interference or incapacitation through the misuse of or unauthorized access to or use of the Internet, telecommunications systems, or similar conduct that violates Federal, State, or international law, harms U.S. interstate commerce, or threatens public health or safety) that is voluntarily provided to a Federal entity.Provides that (with exceptions) any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act; (2) not be disclosed to any third party; and (3) not be used by any Federal or State entity or by any third party in any civil action.Makes the antitrust laws inapplicable (with an exception) to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program.Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act.","To encourage the secure disclosure and protected exchange of information about cyber security problems, solutions, test practices and test results, and related matters in connection with critical infrastructure protection.", The Cyber Security Information Act aims to promote the secure disclosure and protected exchange of cyber security information to assist private industry and government in responding effectively to cyber security problems. It seeks to lessen burdens on interstate commerce by establishing legal principles for secure disclosure and protected exchange of cyber security information. The Act also protects the legitimate users of cyber networks and maintains privacy and confidentiality of shared information. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Corporate Tax Dodging Prevention +Act''. + +SEC. 2. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS. + + Section 952 of the Internal Revenue Code of 1986 is amended by +adding at the end the following new subsection: + ``(d) Special Application of Subpart.-- + ``(1) In general.--For taxable years beginning after + December 31, 2013, notwithstanding any other provision of this + subpart, the term `subpart F income' means, in the case of any + controlled foreign corporation, the income of such corporation + derived from any foreign country. + ``(2) Applicable rules.--Rules similar to the rules under + the last sentence of subsection (a) and subsection (d) shall + apply to this subsection.''. + +SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE + INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY + TAXPAYERS. + + (a) In General.--Section 901 of the Internal Revenue Code of 1986 +is amended by redesignating subsection (n) as subsection (o) and by +inserting after subsection (m) the following new subsection: + ``(n) Special Rules Relating to Large Integrated Oil Companies +Which Are Dual Capacity Taxpayers.-- + ``(1) General rule.--Notwithstanding any other provision of + this chapter, any amount paid or accrued by a dual capacity + taxpayer which is a large integrated oil company to a foreign + country or possession of the United States for any period shall + not be considered a tax-- + ``(A) if, for such period, the foreign country or + possession does not impose a generally applicable + income tax, or + ``(B) to the extent such amount exceeds the amount + (determined in accordance with regulations) which-- + ``(i) is paid by such dual capacity + taxpayer pursuant to the generally applicable + income tax imposed by the country or + possession, or + ``(ii) would be paid if the generally + applicable income tax imposed by the country or + possession were applicable to such dual + capacity taxpayer. + Nothing in this paragraph shall be construed to imply + the proper treatment of any such amount not in excess + of the amount determined under subparagraph (B). + ``(2) Dual capacity taxpayer.--For purposes of this + subsection, the term `dual capacity taxpayer' means, with + respect to any foreign country or possession of the United + States, a person who-- + ``(A) is subject to a levy of such country or + possession, and + ``(B) receives (or will receive) directly or + indirectly a specific economic benefit (as determined + in accordance with regulations) from such country or + possession. + ``(3) Generally applicable income tax.--For purposes of + this subsection-- + ``(A) In general.--The term `generally applicable + income tax' means an income tax (or a series of income + taxes) which is generally imposed under the laws of a + foreign country or possession on income derived from + the conduct of a trade or business within such country + or possession. + ``(B) Exceptions.--Such term shall not include a + tax unless it has substantial application, by its terms + and in practice, to-- + ``(i) persons who are not dual capacity + taxpayers, and + ``(ii) persons who are citizens or + residents of the foreign country or possession. + ``(4) Large integrated oil company.--For purposes of this + subsection, the term `large integrated oil company' means, with + respect to any taxable year, an integrated oil company (as + defined in section 291(b)(4)) which-- + ``(A) had gross receipts in excess of + $1,000,000,000 for such taxable year, and + ``(B) has an average daily worldwide production of + crude oil of at least 500,000 barrels for such taxable + year.''. + (b) Effective Date.-- + (1) In general.--The amendments made by this section shall + apply to taxes paid or accrued in taxable years beginning after + the date of the enactment of this Act. + (2) Contrary treaty obligations upheld.--The amendments + made by this section shall not apply to the extent contrary to + any treaty obligation of the United States. + +SEC. 4. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT. + + (a) In General.--Subsection (a) of section 904 of the Internal +Revenue Code of 1986 is amended to read as follows: + ``(a) Limitation.--The amount of the credit in respect of the tax +paid or accrued to any foreign country or possession of the United +States shall not exceed the same proportion of the tax against which +such credit is taken which the taxpayer's taxable income from sources +within such country or possession (but not in excess of the taxpayer's +entire taxable income) bears to such taxpayer's entire taxable income +for the same taxable year.''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2013. + +SEC. 5. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE + UNITED STATES AS DOMESTIC CORPORATIONS. + + (a) In General.--Section 7701 of the Internal Revenue Code of 1986 +is amended by redesignating subsection (p) as subsection (q) and by +inserting after subsection (o) the following new subsection: + ``(p) Certain Corporations Managed and Controlled in the United +States Treated as Domestic for Income Tax.-- + ``(1) In general.--Notwithstanding subsection (a)(4), in + the case of a corporation described in paragraph (2) if-- + ``(A) the corporation would not otherwise be + treated as a domestic corporation for purposes of this + title, but + ``(B) the management and control of the corporation + occurs, directly or indirectly, primarily within the + United States, + then, solely for purposes of chapter 1 (and any other provision + of this title relating to chapter 1), the corporation shall be + treated as a domestic corporation. + ``(2) Corporation described.-- + ``(A) In general.--A corporation is described in + this paragraph if-- + ``(i) the stock of such corporation is + regularly traded on an established securities + market, or + ``(ii) the aggregate gross assets of such + corporation (or any predecessor thereof), + including assets under management for + investors, whether held directly or indirectly, + at any time during the taxable year or any + preceding taxable year is $50,000,000 or more. + ``(B) General exception.--A corporation shall not + be treated as described in this paragraph if-- + ``(i) such corporation was treated as a + corporation described in this paragraph in a + preceding taxable year, + ``(ii) such corporation-- + ``(I) is not regularly traded on an + established securities market, and + ``(II) has, and is reasonably + expected to continue to have, aggregate + gross assets (including assets under + management for investors, whether held + directly or indirectly) of less than + $50,000,000, and + ``(iii) the Secretary grants a waiver to + such corporation under this subparagraph. + ``(C) Exception from gross assets test.-- + Subparagraph (A)(ii) shall not apply to a corporation + which is a controlled foreign corporation (as defined + in section 957) and which is a member of an affiliated + group (as defined section 1504, but determined without + regard to section 1504(b)(3)) the common parent of + which-- + ``(i) is a domestic corporation (determined + without regard to this subsection), and + ``(ii) has substantial assets (other than + cash and cash equivalents and other than stock + of foreign subsidiaries) held for use in the + active conduct of a trade or business in the + United States. + ``(3) Management and control.-- + ``(A) In general.--The Secretary shall prescribe + regulations for purposes of determining cases in which + the management and control of a corporation is to be + treated as occurring primarily within the United + States. + ``(B) Executive officers and senior management.-- + Such regulations shall provide that-- + ``(i) the management and control of a + corporation shall be treated as occurring + primarily within the United States if + substantially all of the executive officers and + senior management of the corporation who + exercise day-to-day responsibility for making + decisions involving strategic, financial, and + operational policies of the corporation are + located primarily within the United States, and + ``(ii) individuals who are not executive + officers and senior management of the + corporation (including individuals who are + officers or employees of other corporations in + the same chain of corporations as the + corporation) shall be treated as executive + officers and senior management if such + individuals exercise the day-to-day + responsibilities of the corporation described + in clause (i). + ``(C) Corporations primarily holding investment + assets.--Such regulations shall also provide that the + management and control of a corporation shall be + treated as occurring primarily within the United States + if-- + ``(i) the assets of such corporation + (directly or indirectly) consist primarily of + as sets being managed on behalf of investors, + and + ``(ii) decisions about how to invest the + assets are made in the United States.''. + (b) Effective Date.--The amendments made by this section shall +apply to taxable years beginning on or after the date which is 2 years +after the date of the enactment of this Act.","Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of U.S. corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to U.S. tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for U.S. tax purposes. ",Corporate Tax Dodging Prevention Act," The Corporate Tax Dodging Prevention Act aims to prevent tax evasion by corporations through various amendments to the Internal Revenue Code of 1986. Key changes include: + +1. Defining ""subpart F income"" for controlled foreign corporations to include income derived from any foreign country. +2. Modifying foreign tax credit rules for large integrated oil companies that are dual capacity taxpayers. +3. Reinstating per country foreign tax credit limitations. +4. Treating foreign corporations managed and controlled in the United States as domestic corporations for income tax purposes." +"TITLE I--MOTOR VEHICLE SAFETY + +SEC. 101. AUTHORIZATION OF APPROPRIATIONS. + + Section 30104 of title 49, United States Code, is amended to read +as follows: +``Sec. 30104. Authorization of Appropriations + ``There is authorized to be appropriated to the Secretary of +Transportation $125,221,000 for the National Highway Traffic Safety +Administration to carry out this part for fiscal year 2005, and such +sums as may be necessary for fiscal years 2006 and 2007.''. + +SEC. 102. INTERNATIONAL COOPERATION. + + (a) In General.--Subchapter I of chapter 301 of title 49, United +States Code, is amended by adding at the end the following: +``Sec. 30106. International Cooperation + ``The Secretary of Transportation may participate and cooperate in +international activities to enhance motor vehicle and traffic safety +through such means as exchanging information, conducting safety +research, examining safety needs, best practices, new technology, and +improvements in motor vehicle safety standards, and participating in +the implementation of existing international agreements concerning +motor vehicle safety to which the United States is a contracting +partner.''. + (b) Clerical Amendment.--The table of sections for subchapter I of +chapter 301 of title 49, United States Code is amended by adding at the +end the following new item: + +``30106. International cooperation.''. + +SEC. 103. CERTIFICATION LABELS. + + Section 30115(a) of title 49, United States Code, is amended by +inserting at the end the following: ``A person shall not affix a +certification label to a motor vehicle or item of motor vehicle +equipment unless the person has either performed tests or otherwise +documented the basis for certifying compliance with all applicable +safety standards prescribed under this chapter, except that, in +affixing the certification label or tag, a manufacturer that completes +a vehicle after receiving compliance documentation from the +manufacturer of the earlier stage of the vehicle may rely on such +documentation in accordance with the regulations issued by the +Secretary.''. + +SEC. 104. NOTIFICATION OF NONCOMPLIANCE. + + Section 30118 of title 49, United States Code is amended in +subsections (a), (b), and (c) by striking ``motor vehicle or +replacement equipment'' each place it appears and inserting ``motor +vehicle, original equipment, or replacement equipment''. + +SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE. + + Section 30120 of title 49, United States Code, is amended by adding +at the end the following: + ``(k) Limitation on Sale or Lease of Used Motor Vehicles.-- + ``(1) A dealer may not sell a used motor vehicle for + purposes other than resale or lease a used motor vehicle until + the dealer informs the purchaser or lessee of any notification + of a defect or noncompliance pursuant to section 30118(b) or + (c) of this title with respect to a vehicle that has not been + remedied, and either-- + ``(A) offers to have the defects or noncompliances + remedied; or + ``(B) gives the purchaser or lessee a written + description of the defects or noncompliances, including + all relevant information from any notification pursuant + to section 30118(b) or (c) of this title, and + reviews a written acknowledgment of the offer or description + from the purchaser or lessee. + ``(2) The requirements of paragraph (1) of this subsection + shall apply after a period of time following issuance of + notifications that the Secretary shall specify. The Secretary + may extend this period with respect to particular + notifications. + ``(3) In this subsection, notwithstanding section + 30102(a)(1) of this title-- + ``(A) `dealer' means a person who sold at least 10 + motor vehicles during the prior 12 months to purchasers + that in good faith purchased the vehicles other than + for resale; and + ``(B) `used motor vehicle' means a motor vehicle + that has previously been purchased other than for + resale. + ``(4) Subject to regulations issued by the Secretary, a + manufacturer of a motor vehicle shall establish and maintain an + Internet-accessible record system that dealers of used motor + vehicles and members of the public may access, without charge, + to determine whether a particular vehicle manufactured by the + manufacturer has been subject to any notification of a defect + or noncompliance pursuant to section 30118(b) or (c) of this + title that has not been remedied. If the Secretary determines + that establishing and maintaining such an Internet-accessible + record system is not practicable for certain classes of + manufacturers, the Secretary may exempt such manufacturers from + the requirements of this paragraph. + ``(l) Limitation on Operation by Owners and Lessors of School Buses +and Vehicles Used to Transport Passengers for Compensation.-- + ``(1) Subject to paragraphs (2) and (3), a person who owns + or leases a school bus or a motor vehicle used to transport + passengers for compensation and who receives a notice of a + defect or noncompliance pursuant to section 30118(b) or (c) of + this title may not operate the vehicle to which the notice + applies as a school bus or for compensation until the defect or + noncompliance is remedied as required by this section. + ``(2) The requirements of paragraph (1) shall apply after a + period of time following issuance of such notifications that + the Secretary shall specify. The Secretary may extend this + period with respect to particular notifications. + ``(3) This subsection shall not apply to taxicabs, or to + motor vehicles owned or operated by State or local + governments.''. + +SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS. + + (a) In General.--Section 30124 of title 49 United States Code, is +amended to read as follows: +``Sec. 30124. Nonuse of safety belt interlocks + ``A motor vehicle safety standard prescribed under this chapter may +not require or allow a manufacturer to comply with the standard by +using a safety belt interlock designed to prevent starting or operating +a motor vehicle if an occupant is not using a safety belt.''. + (b) Clerical Amendment.--The table of sections for subchapter II of +chapter 301 of title 49, United States Code is amended by amending the +item related to section 30124 to read as follows: + +``30124. Nonuse of safety belt interlocks.''. + +SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING. + + Section 30168 of title 49, United States Code, is amended by adding +at the end the following: + ``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition +to the authority provided under this section, the Secretary is +authorized to expend $5,000,000 per year to conduct a safety research +initiative for alternate fuel vehicles that includes risk assessment +studies of hydrogen-fueled and other alternative-fuel vehicles, the +development of test and evaluation procedures and performance criteria +to assess the likelihood of potential failures that could indicate +unsafe conditions, and the development of suitable countermeasures. In +particular, such research initiative shall investigate the safety of +the power train, the vehicle fuel container and delivery system, the +onboard refueling system, and the full vehicle system performance of +alternate fuel vehicles. + ``(g) Safety Initiative for Driver Assistance Technologies.--In +addition to the authority provided under this section, the Secretary is +authorized to expend $10,000,000 per year to conduct research into +vehicle-based driver assistance technologies, and to develop +appropriate performance standards and consumer education programs, to +ensure that appropriate safety benefits are derived from these +technologies. Such research shall include evaluations of crash +avoidance technologies, such as electronic stability control, +telematics, radar braking and other similar vehicle advances.''. + + TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS + +SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + + Section 32102 of title 49, United States Code, is amended to read +as follows: +``Sec. 32102. Authorization of appropriations + ``There is authorized to be appropriated to the Secretary of +Transportation $14,080,000 for the National Highway Traffic Safety +Administration to carry out this part in fiscal year 2005, and such +sums as may be necessary in fiscal years 2006 and 2007.''. + +SEC. 202. PENALTIES AND ENFORCEMENT. + + Section 32709(a)(1) of title 49, United States Code, is amended-- + (1) by striking ``$2,000'' and inserting ``$5,000''; and + (2) by striking ``$100,000'' and inserting ``$1,000,000''. + +SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON. + + Section 32710(a) of title 49, United States Code, is amended by +striking ``$1,500'' and inserting ``$10,000''. + +SEC. 204. DEFINITIONS. + + (a) Crash Avoidance.--Section 32301 of title 49, United States +Code, is amended by adding at the end the following: + ``(3) `crash avoidance' means preventing a motor vehicle + accident.''. + (b) Passenger Motor Vehicle Information.--Section 32302 of title +49, United States Code, is amended-- + (1) in subsection (a)-- + (A) in paragraph (2), by inserting ``and crash + avoidance'' after ``crashworthiness''; and + (B) by striking paragraph (4); and + (2) by striking subsection (c). + +SEC. 205. REPEALS. + + (a) In General.--Sections 32303 and 33112 of title 49, United +States Code, are repealed. + (b) Clerical Amendments.-- + (1) The table of sections for chapter 323 of title 49, + United States Code is amended by striking the item related to + section 32303. + (2) The table of sections for chapter 331 of title 49, + United States Code is amended by striking the item related to + section 33112.","Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA). + +Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety. + +Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards. + +Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment. + +Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met. + +Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied. + +Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied. + +Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt. + +Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies. + +Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements. + +Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers.","To authorize appropriations for the motor vehicle safety and information and cost savings programs of the National Highway Traffic Safety Administration for fiscal years 2005 through 2007, and for other purposes."," This text discusses amendments to motor vehicle safety regulations in the United States. Key points include: + +1. Authorization of appropriations for the National Highway Traffic Safety Administration for fiscal years 2005 to 2007. +2. International cooperation is allowed for the Secretary of Transportation to enhance motor vehicle and traffic safety through various means. +3. Certification labels must be affixed to motor vehicles or items of motor vehicle equipment only if the person has documented compliance with safety standards. +4. Dealers are prohibited from selling used motor vehicles until they inform the purchaser about any noncompliance that has not been remedied. +5. Manufacturers must establish an Internet-accessible record system for dealers and the public to access notifications of defects or noncompliance. +6. Owners or lessees of school buses or vehicles used to transport passengers for compensation cannot operate them until defects or noncompliance is remedied. +7. Motor vehicle safety standards cannot require or allow manufacturers to use safety belt interlocks designed to prevent starting or operating a vehicle if an occupant is not using a safety belt. +8. Appropriations are authorized for research, testing, development, and training related to alternate fuel vehicles and driver assistance technologies. +9. Penalties and enforcement are increased for violations related to motor vehicle safety." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Mobile Workforce State Income Tax +Fairness and Simplification Act''. + +SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE + INCOME. + + (a) In General.--No part of the wages or other remuneration earned +by an employee who performs employment duties in more than one State +shall be subject to income tax in any State other than-- + (1) the State of the employee's residence; and + (2) the State within which the employee is present and + performing employment duties for more than 30 days during the + calendar year in which the income is earned. + (b) Wages or Other Remuneration.--Wages or other remuneration +earned in any calendar year are not subject to State income tax +withholding and reporting unless the employee is subject to income tax +under subsection (a). Income tax withholding and reporting under +subsection (a)(2) shall apply to wages or other remuneration earned as +of the commencement date of duties in the State during the calendar +year. + (c) Operating Rules.--For purposes of determining an employer's +State income tax withholding and information return obligations-- + (1) an employer may rely on an employee's determination of + the time expected to be spent by such employee in the States in + which the employee will perform duties absent-- + (A) actual knowledge of fraud by the employee in + making the estimate; or + (B) collusion between the employer and the employee + to evade tax; + (2) if records are maintained by an employer recording the + location of an employee for other business purposes, such + records shall not preclude an employer's ability to rely on an + employee's determination as set forth in paragraph (1); and + (3) notwithstanding paragraph (2), if an employer, at its + sole discretion, maintains a time and attendance system which + tracks where the employee performs duties on a daily basis, + data from the time and attendance system shall be used instead + of the employee's determination as set forth in paragraph (1). + (d) Definitions and Special Rules.--For purposes of this Act: + (1) Day.-- + (A) An employee will be considered present and + performing employment duties within a State for a day + if the employee performs the preponderance of the + employee's employment duties within such State for such + day. + (B) Notwithstanding subsection (d)(1)(A), if an + employee performs material employment duties in a + resident state and one nonresident state during one + day, such employee will be considered to have performed + the preponderance of the employee's employment duties + in the nonresident state for such day. + (C) For purposes of subsection (d)(1), the portion + of the day the employee is in transit shall not apply + in determining the location of an employee's + performance of employment duties. + (2) Employee.--The term ``employee'' shall be defined by + the State in which the duties are performed, except that the + term ``employee'' shall not include a professional athlete, + professional entertainer, or certain public figures. + (3) Professional athlete.--The term ``professional + athlete'' means a person who performs services in a + professional athletic event, provided that the wages or other + remuneration are paid to such person for performing services in + his or her capacity as a professional athlete. + (4) Professional entertainer.--The term ``professional + entertainer'' means a person who performs services in the + professional performing arts for wages or other remuneration on + a per-event basis, provided that the wages or other + remuneration are paid to such person for performing services in + his or her capacity as a professional entertainer. + (5) Certain public figures.--The term ``certain public + figures'' means persons of prominence who perform services for + wages or other remuneration on a per-event basis, provided that + the wages or other remuneration are paid to such person for + services provided at a discrete event in the form of a speech, + similar presentation or personal appearance. + (6) Employer.--The term ``employer'' has the meaning given + such term in section 3401(d) of the Internal Revenue Code of + 1986 (26 U.S.C. 3401(d)) or shall be defined by the State in + which the duties are performed. + (7) State.--The term ``State'' means each of the several + States of the United States. + (8) Time and attendance system.--The term ``time and + attendance system'' means a system where the employee is + required on a contemporaneous basis to record his work location + for every day worked outside of the state in which the + employee's duties are primarily preformed and the employer uses + this data to allocate the employee's wages between all taxing + jurisdictions in which the employee performs duties. + (9) Wages or other remuneration.--The term ``wages or other + remuneration'' shall be defined by the State in which the + employment duties are performed. + +SEC. 3. EFFECTIVE DATE. + + This Act shall be effective on January 1, 2011.","Mobile Workforce State Income Tax Fairness and Simplification Act - Limits state taxation of the wages or other remuneration of any employee who performs duties in more than one state to: (1) the state of the employee's residence; and (2) the state in which the employee is present and performing employment duties for more than 30 days. Exempts from the definition of ""employee"" for purposes of this Act a professional athlete or entertainer or certain public figures.",To limit the authority of States to tax certain income of employees for employment duties performed in other States.," The Mobile Workforce State Income Tax Fairness and Simplification Act aims to limit state withholding and taxation of employee income for those who perform employment duties in more than one state. Under this Act, no part of an employee's wages or remuneration shall be subject to income tax in any state other than their state of residence or the state where they perform employment duties for more than 30 days during the calendar year when the income is earned. This Act also provides guidelines for employers to determine an employee's time spent in different states for tax purposes. The Act is set to be effective on January 1, 2011." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Office of Government Ethics +Authorization Act of 1996''. + +SEC. 2. GIFT ACCEPTANCE AUTHORITY. + + Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. +5) is amended-- + (1) by inserting ``(a)'' before ``Upon the request''; and + (2) by adding at the end the following: + ``(b)(1) The Director is authorized to accept and utilize on behalf +of the United States, any gift, donation, bequest, or devise of money, +use of facilities, personal property, or services for the purpose of +aiding or facilitating the work of the Office of Government Ethics. + ``(2) No gift may be accepted-- + ``(A) that attaches conditions inconsistent with applicable + laws or regulations; or + ``(B) that is conditioned upon or will require the expenditure + of appropriated funds that are not available to the Office of + Government Ethics. + ``(3) The Director shall establish written rules setting forth the +criteria to be used in determining whether the acceptance of +contributions of money, services, use of facilities, or personal +property under this subsection would reflect unfavorably upon the +ability of the Office of Government Ethics, or any employee of such +Office, to carry out its responsibilities or official duties in a fair +and objective manner, or would compromise the integrity or the +appearance of the integrity of its programs or any official involved in +those programs.''. + +SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. + + The text of section 405 of the Ethics in Government Act of 1978 (5 +U.S.C. App. 5) is amended to read as follows: ``There are authorized to +be appropriated to carry out this title such sums as may be necessary +for each of fiscal years 1997 through 1999.''. + +SEC. 4. REPEAL AND CONFORMING AMENDMENTS. + + (a) Repeal of Display Requirement.--The Act entitled ``An Act to +provide for the display of the Code of Ethics for Government Service,'' +approved July 3, 1980 (5 U.S.C. 7301 note), is repealed. + (b) Conforming Amendments.-- + (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance + Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the + concurrence of the Office of Government Ethics,''. + (2) Ethics in government act of 1978.--(A) The heading for + section 401 of the Ethics in Government Act of 1978 is amended to + read as follows: + + + ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''. + + (B) Section 408 of such Act is amended by striking ``March 31'' + and inserting ``April 30''. + +SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS. + + Section 207(j) of title 18, United States Code, is amended by +adding at the end the following new paragraph: + ``(7) Political parties and campaign committees.--(A) Except as + provided in subparagraph (B), the restrictions contained in + subsections (c), (d), and (e) shall not apply to a communication or + appearance made solely on behalf of a candidate in his or her + capacity as a candidate, an authorized committee, a national + committee, a national Federal campaign committee, a State + committee, or a political party. + ``(B) Subparagraph (A) shall not apply to-- + ``(i) any communication to, or appearance before, the + Federal Election Commission by a former officer or employee of + the Federal Election Commission; or + ``(ii) a communication or appearance made by a person who + is subject to the restrictions contained in subsections (c), + (d), or (e) if, at the time of the communication or appearance, + the person is employed by a person or entity other than-- + ``(I) a candidate, an authorized committee, a national + committee, a national Federal campaign committee, a State + committee, or a political party; or + ``(II) a person or entity who represents, aids, or + advises only persons or entities described in subclause + (I). + ``(C) For purposes of this paragraph-- + ``(i) the term `candidate' means any person who seeks + nomination for election, or election, to Federal or State + office or who has authorized others to explore on his or her + behalf the possibility of seeking nomination for election, or + election, to Federal or State office; + ``(ii) the term `authorized committee' means any political + committee designated in writing by a candidate as authorized to + receive contributions or make expenditures to promote the + nomination for election, or the election, of such candidate, or + to explore the possibility of seeking nomination for election, + or the election, of such candidate, except that a political + committee that receives contributions or makes expenditures to + promote more than 1 candidate may not be designated as an + authorized committee for purposes of subparagraph (A); + ``(iii) the term `national committee' means the + organization which, by virtue of the bylaws of a political + party, is responsible for the day-to-day operation of such + political party at the national level; + ``(iv) the term `national Federal campaign committee' means + an organization that, by virtue of the bylaws of a political + party, is established primarily for the purpose of providing + assistance, at the national level, to candidates nominated by + that party for election to the office of Senator or + Representative in, or Delegate or Resident Commissioner to, the + Congress; + ``(v) the term `State committee' means the organization + which, by virtue of the bylaws of a political party, is + responsible for the day-to-day operation of such political + party at the State level; + ``(vi) the term `political party' means an association, + committee, or organization that nominates a candidate for + election to any Federal or State elected office whose name + appears on the election ballot as the candidate of such + association, committee, or organization; and + ``(vii) the term `State' means a State of the United + States, the District of Columbia, the Commonwealth of Puerto + Rico, and any territory or possession of the United States.''. + +SEC. 6. PAY LEVEL. + + Section 207(c)(2)(A)(ii) of title 18, United States Code, is +amended by striking ``level V of the Executive Schedule,'' and +inserting ``level 5 of the Senior Executive Service,''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","Office of Government Ethics Authorization Act of 1996 - Amends the Ethics in Government Act of 1978 to: (1) authorize the Office of Government Ethics (OGE) Director to accept gifts for OGE use; and (2) extend the authorization of appropriations for the OGE. +Amends Federal law to repeal the requirement that Federal buildings display the Code of Ethics for Government Service. +Modifies postemployment restrictions on certain senior (including very senior) personnel. +Modifies the level of pay applicable with respect to certain senior personnel of the executive branch and independent agencies.",Office of Government Ethics Authorization Act of 1996," The Office of Government Ethics Authorization Act of 1996 amends the Ethics in Government Act of 1978 to authorize the Director to accept gifts for the purpose of aiding or facilitating the work of the Office of Government Ethics. It sets conditions for accepting gifts, such as not attaching conditions inconsistent with applicable laws or requiring expenditure of appropriated funds not available to the Office. The Act extends authorization of appropriations for fiscal years 1997 through 1999. It repeals the Act entitled ""An Act to provide for the display of the Code of Ethics for Government Service"" and makes conforming amendments to other Acts. The Act also amends the United States Code to limit post-employment restrictions on political parties and campaign committees. Finally, it amends the pay level for the Director from level V of the Executive Schedule to level 5 of the Senior Executive Service." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Federal Land Exchange Improvement +Act of 1995''. + +SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT. + + Section 206(h)(1)(A) of the Federal Land Policy and Management Act +of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out +``$150,000'' and inserting in lieu thereof ``$500,000, adjusted +annually on a fiscal year basis commencing in fiscal year 1997 by the +average change over the previous fiscal year of the Consumer Price +Index (all items--United States city average) published monthly by the +Bureau of Labor Statistics''. + +SEC. 3. USE OF FUNDS. + + Section 206(b) of the Federal Land Policy and Management Act of +1976 (43 U.S.C. 1716) is amended-- + (1) by inserting ``(1)'' after ``(b)''; and + (2) by adding at the end the following: + ``(2)(A) Amounts received by the Secretary concerned under +paragraph (1) shall be deposited in a special fund in the Treasury of +the United States, subject to subparagraph (B). Such amounts shall, +subject to the availability of appropriations, be available to the +Secretary concerned for processing land exchanges. + ``(B) Amounts in the fund referred to in subparagraph (A) may not +exceed $12,000,000 at any time. Amounts received by the Secretary +concerned under this section which, but for this subparagraph, would be +added to such fund shall instead be covered over into the Treasury of +the United States as miscellaneous receipts.''. + +SEC. 4. EXCHANGE PROCESSING. + + Section 206(b) of the Federal Land Policy and Management Act of +1976 (43 U.S.C. 1716), as amended by section 3, is further amended by +adding at the end the following paragraph: + ``(3)(A)(i) An environmental assessment shall be the + document prepared for any exchange under this Act pursuant to + section 102(2) of the National Environmental Policy Act of 1969 + (42 U.S.C. 4332(2)). + ``(ii) Any conferencing or consultation required for an + exchange under this Act pursuant to section 7(a) of the + Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be + completed within 45 days after the date on which the + conferencing or consultation is initiated. + ``(iii) After completion of an exchange under this Act, no + action may be taken on the non-Federal land acquired in an + exchange until the Secretary concerned has complied with + section 102(2) of the National Environmental Policy Act of 1969 + and section 7(a) of the Endangered Species Act of 1973 + concerning such action, and any necessary amendment to the land + management plan applicable to such land and such action. + ``(B) The Secretary shall complete processing, and make a + final decision, on any exchange under this Act within one year + from the date of submission of the application for the + exchange. + ``(C) The non-Federal land to be included in any exchange + under this Act shall be valued without the application of any + Federal or State restriction concerning an environmental value + or resource the protection of which is considered by the + Secretary concerned as a public benefit to be obtained by the + exchange.''. + +SEC. 5. MINOR BOUNDARY ADJUSTMENTS. + + Section 206 of the Federal Land Policy and Management Act of 1976 +(43 U.S.C. 1716) is amended by adding at the end thereof the following: + ``(j) Notwithstanding the other provisions of this Act and other +applicable laws which require that exchanges of land or interests +therein be for equal or approximately equal value, the Secretary +concerned may dispose of lands by exchange to make such minor +adjustments to the boundary of a unit of the public lands or the +National Forest System as may be necessary to reflect actual conditions +in the unit which are not of comparable character to the unit. In +making such adjustments, the amount of land added to the unit may not +exceed the amount of land removed from the unit.''. + +SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA + RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF + AGRICULTURE. + + Subsection (a) of the first section of the Act entitled ``An Act +relating to the administrative jurisdiction of certain public lands in +the State of Oregon, and for other purposes'', approved June 24, 1954 +(43 U.S.C. 1181g(a)), is amended by striking out the last sentence. + +SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE + CONVEYED. + + The first section of the Act entitled ``An Act to facilitate +exchanges of land under the Act of March 20, 1922(42 Stat. 465), for +use for public schools, and for other purposes'', approved December 4, +1967 (16 U.S.C. 484a), is amended by striking out ``on the date of +enactment of this sentence'' and inserting in lieu thereof ``for the +five-year period ending on the date of conveyance''. + +SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES + FARM TENANT ACT. + + The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7 +U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may +waive the requirements of this paragraph that lands be sold, exchanged, +or granted only to public authorities and agencies and only on +condition that the property is used for public purposes after the +Secretary consults with the head of any other Federal agency that has a +property interest in the lands, such as a federally-owned building or +other improvements.''.","Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for ""approximately equal value"" exchanges out of Federal ownership. +Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process. +Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. +Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. +Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.) +Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.",Federal Land Exchange Improvement Act of 1995," The Federal Land Exchange Improvement Act of 1995 amends the Federal Land Policy and Management Act of 1976 to increase the maximum value for land exchanges, establish a special fund for land exchange processing, and set guidelines for exchange processing. The act also allows for minor boundary adjustments and removes restrictions on exchange of Oregon and California railroad grant lands administered by the Secretary of Agriculture. Additionally, it amends the Sisk Act to prioritize use of lands to be conveyed and waives public use requirements for lands under the Bankhead-Jones Farm Tenant Act after consultation with other federal agencies." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Mental Health on Campus Improvement +Act''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) The 2007 National Survey of Counseling Center Directors + found that the average ratio of counselors to students on + campus is nearly 1 to 2,000 and is often far higher on large + campuses. The International Association of Counseling Services + accreditation standards recommend 1 counselor per 1,000 to + 1,500 students. + (2) College counselors report that 8.5 percent of enrolled + students sought counseling in the past year, totaling an + estimated 1,600,000 students. + (3) Over 90 percent of counseling directors believe there + is an increase in the number of students coming to campus with + severe psychological problems. The majority of counseling + directors report concerns that the demand for services is + growing without an increase in resources. + (4) A 2008 American College Health Association survey + revealed that 43 percent of students at colleges and + universities report having felt so depressed it was difficult + to function, and one out of every 11 students seriously + considered suicide within the past year. + (5) Research conducted between 1989 and 2002 found that + students seen for anxiety disorders doubled, for depression + tripled, and for serious suicidal intention tripled. + (6) Many students who need help never receive it. + Counseling directors report that, of the students who committed + suicide on their campuses, only 22 percent were current or + former counseling center clients. Directors did not know the + previous psychiatric history of 60 percent of those students. + (7) A survey conducted by the University of Idaho Student + Counseling Center in 2000 found that 77 percent of students who + responded reported that they were more likely to stay in school + because of counseling and that their school performance would + have declined without counseling. + (8) A 6-year longitudinal study of college students found + that personal and emotional adjustment was an important factor + in retention and predicted attrition as well as, or better + than, academic adjustment (Gerdes & Mallinckrodt, 1994). + +SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES. + + Title V of the Public Health Service Act is amended by inserting +after section 520E-2 (42 U.S.C. 290bb-36b) the following: + +``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON + COLLEGE CAMPUSES. + + ``(a) Purpose.--It is the purpose of this section, with respect to +college and university settings, to-- + ``(1) increase access to mental and behavioral health + services; + ``(2) foster and improve the prevention of mental and + behavioral health disorders, and the promotion of mental + health; + ``(3) improve the identification and treatment for students + at risk; + ``(4) improve collaboration and the development of + appropriate levels of mental and behavioral health care; + ``(5) reduce the stigma for students with mental health + disorders and enhance their access to mental health services; + and + ``(6) improve the efficacy of outreach efforts. + ``(b) Grants.--The Secretary, acting through the Administrator and +in consultation with the Secretary of Education, shall award +competitive grants to eligible entities to improve mental and +behavioral health services and outreach on college and university +campuses. + ``(c) Eligibility.--To be eligible to receive a grant under +subsection (b), an entity shall-- + ``(1) be an institution of higher education (as defined in + section 101 of the Higher Education Act of 1965 (20 U.S.C. + 1001)); and + ``(2) submit to the Secretary an application at such time, + in such manner, and containing such information as the + Secretary may require, including the information required under + subsection (d). + ``(d) Application.--An application for a grant under this section +shall include-- + ``(1) a description of the population to be targeted by the + program carried out under the grant, the particular mental and + behavioral health needs of the students involved, and the + Federal, State, local, private, and institutional resources + available for meeting the needs of such students at the time + the application is submitted; + ``(2) an outline of the objectives of the program carried + out under the grant; + ``(3) a description of activities, services, and training + to be provided under the program, including planned outreach + strategies to reach students not currently seeking services; + ``(4) a plan to seek input from community mental health + providers, when available, community groups, and other public + and private entities in carrying out the program; + ``(5) a plan, when applicable, to meet the specific mental + and behavioral health needs of veterans attending institutions + of higher education; + ``(6) a description of the methods to be used to evaluate + the outcomes and effectiveness of the program; and + ``(7) an assurance that grant funds will be used to + supplement, and not supplant, any other Federal, State, or + local funds available to carry out activities of the type + carried out under the grant. + ``(e) Special Considerations.--In awarding grants under this +section, the Secretary shall give special consideration to applications +that describe programs to be carried out under the grant that-- + ``(1) demonstrate the greatest need for new or additional + mental and behavioral health services, in part by providing + information on current ratios of students to mental and + behavioral health professionals; + ``(2) propose effective approaches for initiating or + expanding campus services and supports using evidence-based + practices; + ``(3) target traditionally underserved populations and + populations most at risk; + ``(4) where possible, demonstrate an awareness of, and a + willingness to, coordinate with a community mental health + center or other mental health resource in the community, to + support screening and referral of students requiring intensive + services; + ``(5) identify how the college or university will address + psychiatric emergencies, including how information will be + communicated with families or other appropriate parties; and + ``(6) demonstrate the greatest potential for replication + and dissemination. + ``(f) Use of Funds.--Amounts received under a grant under this +section may be used to-- + ``(1) provide mental and behavioral health services to + students, including prevention, promotion of mental health, + screening, early intervention, assessment, treatment, + management, and education services relating to the mental and + behavioral health of students; + ``(2) provide outreach services to notify students about + the existence of mental and behavioral health services; + ``(3) educate families, peers, faculty, staff, and + communities to increase awareness of mental health issues; + ``(4) support student groups on campus that engage in + activities to educate students, reduce stigma surrounding + mental and behavioral disorders, and promote mental health + wellness; + ``(5) employ appropriately trained staff; + ``(6) expand mental health training through internship, + post-doctorate, and residency programs; + ``(7) develop and support evidence-based and emerging best + practices, including a focus on culturally and linguistically + appropriate best practices; and + ``(8) evaluate and disseminate best practices to other + colleges and universities. + ``(g) Duration of Grants.--A grant under this section shall be +awarded for a period not to exceed 3 years. + ``(h) Evaluation and Reporting.-- + ``(1) Evaluation.--Not later than 18 months after the date + on which a grant is received under this section, the eligible + entity involved shall submit to the Secretary the results of an + evaluation to be conducted by the entity concerning the + effectiveness of the activities carried out under the grant and + plans for the sustainability of such efforts. + ``(2) Report.--Not later than 2 years after the date of + enactment of this section, the Secretary shall submit to the + appropriate committees of Congress a report concerning the + results of-- + ``(A) the evaluations conducted under paragraph + (1); and + ``(B) an evaluation conducted by the Secretary to + analyze the effectiveness and efficacy of the + activities conducted with grants under this section. + ``(i) Technical Assistance.--The Secretary may provide technical +assistance to grantees in carrying out this section. + ``(j) Authorization of Appropriations.--There are authorized to be +appropriated such sums as may be necessary to carry out this section. + +``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON + COLLEGE CAMPUSES. + + ``(a) Purpose.--It is the purpose of this section to increase +access to, and reduce the stigma associated with, mental health +services so as to ensure that college students have the support +necessary to successfully complete their studies. + ``(b) National Public Education Campaign.--The Secretary, acting +through the Administrator and in collaboration with the Director of the +Centers for Disease Control and Prevention, shall convene an +interagency, public-private sector working group to plan, establish, +and begin coordinating and evaluating a targeted public education +campaign that is designed to focus on mental and behavioral health on +college campuses. Such campaign shall be designed to-- + ``(1) improve the general understanding of mental health + and mental health disorders; + ``(2) encourage help-seeking behaviors relating to the + promotion of mental health, prevention of mental health + disorders, and treatment of such disorders; + ``(3) make the connection between mental and behavioral + health and academic success; and + ``(4) assist the general public in identifying the early + warning signs and reducing the stigma of mental illness. + ``(c) Composition.--The working group under subsection (b) shall +include-- + ``(1) mental health consumers, including students and + family members; + ``(2) representatives of colleges and universities; + ``(3) representatives of national mental and behavioral + health and college associations; + ``(4) representatives of college health promotion and + prevention organizations; + ``(5) representatives of mental health providers, including + community mental health centers; and + ``(6) representatives of private- and public-sector groups + with experience in the development of effective public health + education campaigns. + ``(d) Plan.--The working group under subsection (b) shall develop a +plan that shall-- + ``(1) target promotional and educational efforts to the + college age population and individuals who are employed in + college and university settings, including the use of + roundtables; + ``(2) develop and propose the implementation of research- + based public health messages and activities; + ``(3) provide support for local efforts to reduce stigma by + using the National Mental Health Information Center as a + primary point of contact for information, publications, and + service program referrals; and + ``(4) develop and propose the implementation of a social + marketing campaign that is targeted at the college population + and individuals who are employed in college and university + settings. + ``(e) Authorization of Appropriations.--There are authorized to be +appropriated such sums as may be necessary to carry out this +section.''. + +SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH. + + (a) Purpose.--It is the purpose of this section, pursuant to +Executive Order 13263 (and the recommendations issued under section +6(b) of such Order), to provide for the establishment of a College +Campus Task Force under the Federal Executive Steering Committee on +Mental Health, to discuss mental and behavioral health concerns on +college and university campuses. + (b) Establishment.--The Secretary of Health and Human Services +(referred to in this section as the ``Secretary'') shall establish a +College Campus Task Force (referred to in this section as the ``Task +Force''), under the Federal Executive Steering Committee on Mental +Health, to discuss mental and behavioral health concerns on college and +university campuses. + (c) Membership.--The Task Force shall be composed of a +representative from each Federal agency (as appointed by the head of +the agency) that has jurisdiction over, or is affected by, mental +health and education policies and projects, including-- + (1) the Department of Education; + (2) the Department of Health and Human Services; + (3) the Department of Veterans Affairs; and + (4) such other Federal agencies as the Administrator of the + Substance Abuse and Mental Health Services Administration and + the Secretary jointly determine to be appropriate. + (d) Duties.--The Task Force shall-- + (1) serve as a centralized mechanism to coordinate a + national effort-- + (A) to discuss and evaluate evidence and knowledge + on mental and behavioral health services available to, + and the prevalence of mental health illness among, the + college age population of the United States; + (B) to determine the range of effective, feasible, + and comprehensive actions to improve mental and + + behavioral health on college and university campuses; + (C) to examine and better address the needs of the + college age population dealing with mental illness; + (D) to survey Federal agencies to determine which + policies are effective in encouraging, and how best to + facilitate outreach without duplicating, efforts + relating to mental and behavioral health promotion; + (E) to establish specific goals within and across + Federal agencies for mental health promotion, including + determinations of accountability for reaching those + goals; + (F) to develop a strategy for allocating + responsibilities and ensuring participation in mental + and behavioral health promotions, particularly in the + case of competing agency priorities; + (G) to coordinate plans to communicate research + results relating to mental and behavioral health + amongst the college age population to enable reporting + and outreach activities to produce more useful and + timely information; + (H) to provide a description of evidence-based best + practices, model programs, effective guidelines, and + other strategies for promoting mental and behavioral + health on college and university campuses; + (I) to make recommendations to improve Federal + efforts relating to mental and behavioral health + promotion on college campuses and to ensure Federal + efforts are consistent with available standards and + evidence and other programs in existence as of the date + of enactment of this Act; and + (J) to monitor Federal progress in meeting specific + mental and behavioral health promotion goals as they + relate to college and university settings; + (2) consult with national organizations with expertise in + mental and behavioral health, especially those organizations + working with the college age population; and + (3) consult with and seek input from mental health + professionals working on college and university campuses as + appropriate. + (e) Meetings.-- + (1) In general.--The Task Force shall meet at least 3 times + each year. + (2) Annual conference.--The Secretary shall sponsor an + annual conference on mental and behavioral health in college + and university settings to enhance coordination, build + partnerships, and share best practices in mental and behavioral + health promotion, data collection, analysis, and services. + (f) Authorization of Appropriations.--There are authorized to be +appropriated such sums as may be necessary to carry out this section.","Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses. + +Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need; (2) propose effective approaches for initiating or expanding campus services; (3) target underserved and at-risk populations; (4) coordinate with a community mental health center or other community mental health resources; (5) identify how the college or university will address psychiatric emergencies; and (6) demonstrate the greatest potential for replication and dissemination. + +Allows the Secretary to provide technical assistance to grantees. + +Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. + +Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses.",To amend the Public Health Service Act to improve mental and behavioral health services on college campuses.," The Mental Health on Campus Improvement Act aims to improve mental and behavioral health on college campuses by increasing access to services, fostering prevention and promotion of mental health, improving identification and treatment for at-risk students, enhancing collaboration among mental health care providers, reducing stigma for students with mental health disorders, and improving outreach efforts. The Act calls for competitive grants to be awarded to eligible entities to improve mental and behavioral health services and outreach on college campuses. The grants will be used for various purposes, including providing services, outreach, education, training, and evaluation. The Act also establishes an interagency working group to plan, establish, and coordinate a targeted public education campaign focused on mental and behavioral health on college campuses." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Indian Youth Telemental Health +Demonstration Project Act of 2006''. + +SEC. 2. FINDINGS AND PURPOSE. + + (a) Findings.--Congress finds that-- + (1) suicide for Indians and Alaska Natives is 2\1/2\ times + higher than the national average and the highest for all ethnic + groups in the United States, at a rate of more than 16 per + 100,000 males of all age groups, and 27.9 per 100,000 for males + aged 15 through 24, according to data for 2002; + (2) according to national data for 2002, suicide was the + second-leading cause of death for Indians and Alaska Natives + aged 15 through 34 and the fourth-leading cause of death for + Indians and Alaska Natives aged 10 through 14; + (3) the suicide rates of Indian and Alaska Native males + aged 15 through 24 are nearly 4 times greater than suicide + rates of Indian and Alaska Native females of that age group; + (4)(A) 90 percent of all teens who die by suicide suffer + from a diagnosable mental illness at the time of death; and + (B) more than \1/2\ of the people who commit suicide in + Indian Country have never been seen by a mental health + provider; + (5) death rates for Indians and Alaska Natives are + statistically underestimated; + (6) suicide clustering in Indian Country affects entire + tribal communities; and + (7) since 2003, the Indian Health Service has carried out a + National Suicide Prevention Initiative to work with Service, + tribal, and urban Indian health programs. + (b) Purpose.--The purpose of this Act is to authorize the Secretary +to carry out a demonstration project to test the use of telemental +health services in suicide prevention, intervention, and treatment of +Indian youth, including through-- + (1) the use of psychotherapy, psychiatric assessments, + diagnostic interviews, therapies for mental health conditions + predisposing to suicide, and alcohol and substance abuse + treatment; + (2) the provision of clinical expertise to, consultation + services with, and medical advice and training for frontline + health care providers working with Indian youth; + (3) training and related support for community leaders, + family members and health and education workers who work with + Indian youth; + (4) the development of culturally-relevant educational + materials on suicide; and + (5) data collection and reporting. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Demonstration project.--The term ``demonstration + project'' means the Indian youth telemental health + demonstration project authorized under section 4(a). + (2) Department.--The term ``Department'' means the + Department of Health and Human Services. + (3) Indian.--The term ``Indian'' means any individual who + is a member of an Indian tribe or is eligible for health + services under the Indian Health Care Improvement Act (25 + U.S.C. 1601 et seq.). + (4) Indian tribe.--The term ``Indian tribe'' has the + meaning given the term in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 450b). + (5) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + (6) Service.--The term ``Service'' means the Indian Health + Service. + (7) Telemental health.--The term ``telemental health'' + means the use of electronic information and telecommunications + technologies to support long distance mental health care, + patient and professional-related education, public health, and + health administration. + (8) Traditional health care practices.--The term + ``traditional health care practices'' means the application by + Native healing practitioners of the Native healing sciences (as + opposed or in contradistinction to Western healing sciences) + that-- + (A) embody the influences or forces of innate + Tribal discovery, history, description, explanation and + knowledge of the states of wellness and illness; and + (B) call upon those influences or forces in the + promotion, restoration, preservation, and maintenance + of health, well-being, and life's harmony. + (9) Tribal organization.--The term ``tribal organization'' + has the meaning given the term in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 450b). + +SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT. + + (a) Authorization.-- + (1) In general.--The Secretary is authorized to carry out a + demonstration project to award grants for the provision of + telemental health services to Indian youth who-- + (A) have expressed suicidal ideas; + (B) have attempted suicide; or + (C) have mental health conditions that increase or + could increase the risk of suicide. + (2) Eligibility for grants.--Grants described in paragraph + (1) shall be awarded to Indian tribes and tribal organizations + that operate 1 or more facilities-- + (A) located in Alaska and part of the Alaska + Federal Health Care Access Network; + (B) reporting active clinical telehealth + capabilities; or + (C) offering school-based telemental health + services relating to psychiatry to Indian youth. + (3) Grant period.--The Secretary shall award grants under + this section for a period of up to 4 years. + (4) Maximum number of grants.--Not more than 5 grants shall + be provided under paragraph (1), with priority consideration + given to Indian tribes and tribal organizations that-- + (A) serve a particular community or geographic area + in which there is a demonstrated need to address Indian + youth suicide; + (B) enter into collaborative partnerships with + Service or other tribal health programs or facilities + to provide services under this demonstration project; + (C) serve an isolated community or geographic area + which has limited or no access to behavioral health + services; or + (D) operate a detention facility at which Indian + youth are detained. + (b) Use of Funds.--An Indian tribe or tribal organization shall use +a grant received under subsection (a) for the following purposes: + (1) To provide telemental health services to Indian youth, + including the provision of-- + (A) psychotherapy; + (B) psychiatric assessments and diagnostic + interviews, therapies for mental health conditions + predisposing to suicide, and treatment; and + (C) alcohol and substance abuse treatment. + (2) To provide clinician-interactive medical advice, + guidance and training, assistance in diagnosis and + interpretation, crisis counseling and intervention, and related + assistance to Service or tribal clinicians and health services + providers working with youth being served under the + demonstration project. + (3) To assist, educate, and train community leaders, health + education professionals and paraprofessionals, tribal outreach + workers, and family members who work with the youth receiving + telemental health services under the demonstration project, + including with identification of suicidal tendencies, crisis + intervention and suicide prevention, emergency skill + development, and building and expanding networks among those + individuals and with State and local health services providers. + (4) To develop and distribute culturally-appropriate + community educational materials on-- + (A) suicide prevention; + (B) suicide education; + (C) suicide screening; + (D) suicide intervention; and + (E) ways to mobilize communities with respect to + the identification of risk factors for suicide. + (5) To conduct data collection and reporting relating to + Indian youth suicide prevention efforts. + (c) Applications.--To be eligible to receive a grant under +subsection (a), an Indian tribe or tribal organization shall prepare +and submit to the Secretary an application, at such time, in such +manner, and containing such information as the Secretary may require, +including-- + (1) a description of the project that the Indian tribe or + tribal organization will carry out using the funds provided + under the grant; + (2) a description of the manner in which the project funded + under the grant would-- + (A) meet the telemental health care needs of the + Indian youth population to be served by the project; or + (B) improve the access of the Indian youth + population to be served to suicide prevention and + treatment services; + (3) evidence of support for the project from the local + community to be served by the project; + (4) a description of how the families and leadership of the + communities or populations to be served by the project would be + involved in the development and ongoing operations of the + project; + (5) a plan to involve the tribal community of the youth who + are provided services by the project in planning and evaluating + the mental health care and suicide prevention efforts provided, + in order to ensure the integration of community, clinical, + environmental, and cultural components of the treatment; and + (6) a plan for sustaining the project after Federal + assistance for the demonstration project has terminated. + (d) Traditional Health Care Practices.--The Secretary, acting +through the Service, shall ensure that the demonstration project +involves the use and promotion of the traditional health care practices +of the Indian tribes of the youth to be served. + (e) Collaboration.--The Secretary, acting through the Service, +shall encourage Indian tribes and tribal organizations receiving grants +under this section to collaborate to enable comparisons about best +practices across projects. + (f) Annual Report.--Each grant recipient shall submit to the +Secretary an annual report that-- + (1) describes the number of telemental health services + provided; and + (2) includes any other information that the Secretary may + require. + (g) Report to Congress.--Not later than 270 days after the date of +termination of the demonstration project, the Secretary shall submit to +the Committee on Indian Affairs of the Senate and the Committee on +Resources and the Committee on Energy and Commerce of the House of +Representatives a final report that-- + (1) describes the results of the projects funded by grants + awarded under this section, including any data available that + indicate the number of attempted suicides; + (2) evaluates the impact of the telemental health services + funded by the grants in reducing the number of completed + suicides among Indian youth; + (3) evaluates whether the demonstration project should be-- + (A) expanded to provide more than 5 grants; and + (B) designated a permanent program; and + (4) evaluates the benefits of expanding the demonstration + project to include urban Indian organizations. + (h) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $1,500,000 for each of fiscal +years 2007 through 2010. + + Passed the Senate May 11, 2006. + + Attest: + + EMILY J. REYNOLDS, + + Secretary.","Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. + +Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth.",A bill to establish an Indian youth telemental health demonstration project.," The Indian Youth Telemental Health Demonstration Project Act of 2006 aims to authorize the Secretary to carry out a demonstration project to test the use of telemental health services in suicide prevention, intervention, and treatment of Indian youth. The project will focus on providing telemental health services to Indian youth who have expressed suicidal ideas, attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. Grants will be awarded to Indian tribes and tribal organizations that operate facilities in Alaska or offer school-based telemental health services relating to psychiatry to Indian youth. The project will involve the use and promotion of traditional health care practices of the Indian tribes of the youth to be served." +"SECTION 1. SHORT TITLE. + + This title may be cited as the ``Temporary Emergency Unemployment +Compensation Act of 2001''. + +SEC. 2. FEDERAL-STATE AGREEMENTS. + + (a) In General.--Any State which desires to do so may enter into +and participate in an agreement under this title with the Secretary of +Labor (in this title referred to as the ``Secretary''). Any State which +is a party to an agreement under this title may, upon providing 30 days +written notice to the Secretary, terminate such agreement. + (b) Provisions of Agreement.--Any agreement under subsection (a) +shall provide that the State agency of the State will make payments of +temporary emergency unemployment compensation to individuals who-- + (1) have exhausted all rights to regular compensation under + the State law; + (2) have no rights to compensation (including both regular + compensation and extended compensation) with respect to a week + under such law or any other State unemployment compensation law + or to compensation under any other Federal law (and are not + paid or entitled to be paid any additional compensation under + any State or Federal law); and + (3) are not receiving compensation with respect to such + week under the unemployment compensation law of Canada. + (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an +individual shall be deemed to have exhausted such individual's rights +to regular compensation under a State law when-- + (1) no payments of regular compensation can be made under + such law because such individual has received all regular + compensation available to such individual based on employment + or wages during such individual's base period; or + (2) such individual's rights to such compensation have been + terminated by reason of the expiration of the benefit year with + respect to which such rights existed. + (d) Weekly Benefit Amount.--For purposes of any agreement under +this title-- + (1) the amount of temporary emergency unemployment + compensation which shall be payable to any individual for any + week of total unemployment shall be equal to the amount of the + regular compensation (including dependents' allowances) payable + to such individual during such individual's benefit year under + the State law for a week of total unemployment; + (2) the terms and conditions of the State law which apply + to claims for regular compensation and to the payment thereof + shall apply to claims for temporary emergency unemployment + compensation and the payment thereof, except where inconsistent + with the provisions of this title or with the regulations or + operating instructions of the Secretary promulgated to carry + out this title; and + (3) the maximum amount of temporary emergency unemployment + compensation payable to any individual for whom a temporary + emergency unemployment compensation account is established + under section 3 shall not exceed the amount established in such + account for such individual. + (e) Election by States.--Notwithstanding any other provision of +Federal law (and if State law permits), the Governor of a State is +authorized and may elect to trigger off an extended compensation period +in order to provide payment of temporary emergency unemployment +compensation to individuals who have exhausted their rights to regular +compensation under State law. + +SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT. + + (a) In General.--Any agreement under this title shall provide that +the State will establish, for each eligible individual who files an +application for temporary emergency unemployment compensation, a +temporary emergency unemployment compensation account with respect to +such individual's benefit year. + (b) Amount in Account.-- + (1) In general.--The amount established in an account under + subsection (a) shall be equal to 13 times the individual's + average weekly benefit amount for the benefit year. + (2) Reduction for extended benefits.--The amount in an + account under paragraph (1) shall be reduced (but not below + zero) by the aggregate amount of extended compensation (if any) + received by such individual relating to the same benefit year + under the Federal-State Extended Unemployment Compensation Act + of 1970 (26 U.S.C. 3304 note). + (3) Weekly benefit amount.--For purposes of this + subsection, an individual's weekly benefit amount for any week + is the amount of regular compensation (including dependents' + allowances) under the State law payable to such individual for + such week for total unemployment. + +SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF + TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION. + + (a) General Rule.--There shall be paid to each State that has +entered into an agreement under this title an amount equal to 100 +percent of the temporary emergency unemployment compensation paid to +individuals by the State pursuant to such agreement. + (b) Treatment of Reimbursable Compensation.--No payment shall be +made to any State under this section in respect of any compensation to +the extent the State is entitled to reimbursement in respect of such +compensation under the provisions of any Federal law other than this +title or chapter 85 of title 5, United States Code. A State shall not +be entitled to any reimbursement under such chapter 85 in respect of +any compensation to the extent the State is entitled to reimbursement +under this title in respect of such compensation. + (c) Determination of Amount.--Sums payable to any State by reason +of such State having an agreement under this title shall be payable, +either in advance or by way of reimbursement (as may be determined by +the Secretary), in such amounts as the Secretary estimates the State +will be entitled to receive under this title for each calendar month, +reduced or increased, as the case may be, by any amount by which the +Secretary finds that the Secretary's estimates for any prior calendar +month were greater or less than the amounts which should have been paid +to the State. Such estimates may be made on the basis of such +statistical, sampling, or other method as may be agreed upon by the +Secretary and the State agency of the State involved. + +SEC. 5. FINANCING PROVISIONS. + + (a) In General.--Funds in the extended unemployment compensation +account (as established by section 905(a) of the Social Security Act +(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by +section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the +making of payments to States having agreements entered into under this +title. + (b) Certification.--The Secretary shall from time to time certify +to the Secretary of the Treasury for payment to each State the sums +payable to such State under this title. The Secretary of the Treasury, +prior to audit or settlement by the General Accounting Office, shall +make payments to the State in accordance with such certification, by +transfers from the extended unemployment compensation account (as so +established) to the account of such State in the Unemployment Trust +Fund (as so established). + (c) Assistance to States.--There are appropriated, without fiscal +year limitation, such funds as may be necessary for purposes of +assisting States (as provided in title III of the Social Security Act +(42 U.S.C. 501 et seq.) in meeting the costs of administration of +agreements under this title. + (d) Authorization of Appropriations for Certain Payments.--There +are appropriated from the general fund of the Treasury, without fiscal +year limitation, to the extended unemployment compensation account (as +so established) of the Unemployment Trust Fund (as so established) such +sums as the Secretary estimates to be necessary to make the payments +under this section in respect of-- + (1) compensation payable under chapter 85 of title 5, + United States Code; and + (2) compensation payable on the basis of services to which + section 3309(a)(1) of the Internal Revenue Code of 1986 + applies. +Amounts appropriated pursuant to the preceding sentence shall not be +required to be repaid. + +SEC. 6. FRAUD AND OVERPAYMENTS. + + (a) In General.--If an individual knowingly has made, or caused to +be made by another, a false statement or representation of a material +fact, or knowingly has failed, or caused another to fail, to disclose a +material fact, and as a result of such false statement or +representation or of such nondisclosure such individual has received an +amount of temporary emergency unemployment compensation under this +title to which he was not entitled, such individual-- + (1) shall be ineligible for further temporary emergency + unemployment compensation under this title in accordance with + the provisions of the applicable State unemployment + compensation law relating to fraud in connection with a claim + for unemployment compensation; and + (2) shall be subject to prosecution under section 1001 of + title 18, United States Code. + (b) Repayment.--In the case of individuals who have received +amounts of temporary emergency unemployment compensation under this +title to which they were not entitled, the State shall require such +individuals to repay the amounts of such emergency unemployment +compensation to the State agency, except that the State agency may +waive such repayment if it determines that-- + (1) the payment of such emergency unemployment compensation + was without fault on the part of any such individual; and + (2) such repayment would be contrary to equity and good + conscience. + (c) Recovery by State Agency.-- + (1) In general.--The State agency may recover the amount to + be repaid, or any part thereof, by deductions from any + temporary emergency unemployment compensation payable to such + individual under this title or from any unemployment + compensation payable to such individual under any Federal + unemployment compensation law administered by the State agency + or under any other Federal law administered by the State agency + which provides for the payment of any assistance or allowance + with respect to any week of unemployment, during the 3-year + period after the date such individuals received the payment of + the temporary emergency unemployment compensation to which they + were not entitled, except that no single deduction may exceed + 50 percent of the weekly benefit amount from which such + deduction is made. + (2) Opportunity for hearing.--No repayment shall be + required, and no deduction shall be made, until a determination + has been made, notice thereof and an opportunity for a fair + hearing has been given to the individual, and the determination + has become final. + (d) Review.--Any determination by a State agency under this section +shall be subject to review in the same manner and to the same extent as +determinations under the State unemployment compensation law, and only +in that manner and to that extent. + +SEC. 7. DEFINITIONS. + + In this title, the terms ``compensation'', ``regular +compensation'', ``extended compensation'', ``additional compensation'', +``benefit year'', ``base period'', ``State'', ``State agency'', ``State +law'', and ``week'' have the respective meanings given such terms under +section 205 of the Federal-State Extended Unemployment Compensation Act +of 1970 (26 U.S.C. 3304 note). + +SEC. 8. APPLICABILITY. + + An agreement entered into under this Act shall apply to weeks of +unemployment-- + (1) beginning no earlier than the first day of the first + week beginning after the date on which such agreement is + entered into; and + (2) ending before the date that is 18 months after the date + of enactment of this Act. + +SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS + OF ADVANCES TO STATE UNEMPLOYMENT FUNDS. + + With respect to advances made to a State under section 1201 of the +Social Security Act (42 U.S.C. 1321) during the period beginning on the +date of enactment of this Act and ending on the date that is 18 months +after such date of enactment, the rate of interest paid by a State on +such an advance shall be determined under section 1202(b)(4) of the +such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10 +percent'' in the matter preceding subparagraph (A).","Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds.",A bill to provide for a program of temporary enhanced unemployment benefits.," The ""Temporary Emergency Unemployment Compensation Act of 2001"" is a proposed law that allows states to enter into agreements with the Secretary of Labor to provide temporary emergency unemployment compensation to individuals who have exhausted their regular compensation under state law or have no rights to compensation under any state or federal law. The compensation is payable to individuals who have not received compensation under Canada's unemployment compensation law. States are authorized to trigger an extended compensation period to provide payment to individuals who have exhausted their rights to regular compensation under state law. The law establishes temporary emergency unemployment compensation accounts for eligible individuals who file an application for compensation. Funds from the extended unemployment compensation account are used to make payments to states with agreements under this title. The law also addresses fraud and overpayments, requiring repayment from individuals who received compensation to which they were not entitled." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Forest Resources Conservation and +Shortage Relief Amendments Act of 1993''. +SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND +OTHER PUBLIC LANDS. + Section 491 of the Forest Resources Conservation and Shortage Relief +Act of 1990 (16 U.S.C. 620c) is amended-- + (1) in subsection (a)-- + (A) by striking ``(e)'' and inserting ``(g)''; and + (B) by striking ``in the amounts specified'' and inserting + ``as provided''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) by inserting ``, notwithstanding any other provision + of law,'' after ``prohibit''; and + (ii) by striking ``not later than 21 days after the date + of the enactment of this Act'' and inserting ``, effective + June 1, 1993''; + (B) in paragraph (2)-- + (i) by striking subparagraph (A) and inserting the + following new subparagraph: + ``(A) The Secretary of Commerce shall issue an order + referred to in subsection (a) to prohibit, notwithstanding any + other provision of law, the export of unprocessed timber + originating from public lands, effective during the period + beginning on June 1, 1993, and ending on December 31, 1995.''; + (ii) by striking subparagraphs (B) and (C); and + (iii) in subparagraph (D)-- + + (I) by redesignating such subparagraph as + subparagraph (B); and + (II) by striking ``total annual sales volume'' and + inserting ``annual sales volume in that State of + unprocessed timber originating from public lands''; + + (C) in paragraph (3)-- + (i) by redesignating such paragraph as paragraph (4); + and + (ii) by striking ``States pursuant to this title'' and + inserting ``the Secretary of Commerce pursuant to this title + and the effectiveness of State programs authorized under + subsection (d)''; and + (D) by inserting after paragraph (2) the following new + paragraph: + ``(3) Prohibition on substitution.-- + ``(A) Prohibition.--Subject to subparagraph (B), each order + of the Secretary of Commerce under paragraph (1) or (2) shall + also prohibit, notwithstanding any other provision of law, any + person from purchasing, directly or indirectly, unprocessed + timber originating from public lands in a State if-- + ``(i) such unprocessed timber would be used in + substitution for exported unprocessed timber originating + from private lands in that State; or + ``(ii) such person has, during the preceding 24-month + period, exported unprocessed timber originating from private + lands in that State. + ``(B) Exemption.--The prohibitions referred to in + subparagraph (A) shall not apply in a State on or after the date + on which-- + ``(i) the Governor of that State provides the Secretary + of Commerce with notification of a prior program under + subparagraph (C) of subsection (d)(2), + ``(ii) the Secretary of Commerce approves a program of + that State under subparagraph (A) of subsection (d)(2), or + ``(iii) regulations of the Secretary of Commerce issued + under subsection (c) to carry out this section take effect, + whichever occurs first.''; + (3) by redesignating subsections (e) through (j) as subsections + (g) through (l), respectively; and + (4) by striking subsections (c) and (d) and inserting the + following: + ``(c) Federal Program.-- + ``(1) Administration by the secretary of commerce.-- + ``(A) In general.--Subject to subparagraph (B), the + Secretary of Commerce shall, as soon as possible after the date + of the enactment of the Forest Resources Conservation and + Shortage Relief Amendments Act of 1993-- + ``(i) determine the species, grades, and geographic + origin of unprocessed timber to be prohibited from export in + each State that is subject to an order issued under + subsection (a); + ``(ii) administer the prohibitions consistent with this + title; + ``(iii) ensure that the species, grades, and geographic + origin of unprocessed timber prohibited from export within + each State is representative of the species, grades, and + geographic origin of timber comprising the total timber + sales program of the State; and + ``(iv) issue such regulations as are necessary to carry + out this section. + ``(B) Exemption.--The actions and regulations of the + Secretary under subparagraph (A) shall not apply with respect to + a State that is administering and enforcing a program under + subsection (d). + ``(2) Cooperation with other agencies.--The Secretary of + Commerce is authorized to enter into agreements with Federal and + State agencies with appropriate jurisdiction to assist the Secretary + in carrying out this title. + ``(d) Authorized State Programs.-- + ``(1) Authorization of new state programs.--Notwithstanding + subsection (c), the Governor of any State may submit a program to + the Secretary of Commerce for approval that-- + ``(A) implements, with respect to unprocessed timber + originating from public lands in that State, the prohibition on + exports set forth in the Secretary's order under subsection (a); + and + ``(B) ensures that the species, grades, and geographic + origin of unprocessed timber prohibited from export within the + State is representative of the species, grades, and geographic + origin of timber comprising the total timber sales program of + the State. + ``(2) Approval of state programs.-- + ``(A) Program approval.--Not later than 30 days after the + submission of a program under paragraph (1), the Secretary of + Commerce shall approve the program unless the Secretary finds + that the program will result in the export of unprocessed timber + from public lands in violation of this title and publishes that + finding in the Federal Register. + ``(B) State program in lieu of federal program.--If the + Secretary of Commerce approves a program submitted under + paragraph (1), the Governor of the State for which the program + was submitted, or such other official of that State as the + Governor may designate, may administer and enforce the program, + which shall apply in that State in lieu of the regulations + issued under subsection (c). + ``(C) Prior state programs.--Not later than 30 days after + the date of the enactment of the Forest Resources Conservation + and Shortage Relief Amendments Act of 1993, the Governor of any + State that had, before May 4, 1993, issued regulations under + this subsection as in effect before May 4, 1993, may provide the + Secretary of Commerce with written notification that the State + has a program that was in effect on May 3, 1993, and that meets + the requirements of paragraph (1). Upon such notification, that + State may administer and enforce that program in that State + until the end of the 9-month period beginning on the date on + which the Secretary of Commerce issues regulations under + subsection (c), and that program shall, during the period in + which it is so administered and enforced, apply in that State in + lieu of the regulations issued under subsection (c). Such + Governor may submit, with such notification, the program for + approval by the Secretary under paragraph (1). + ``(e) Prior Contracts.--Nothing in this section shall apply to-- + ``(1) any contract for the purchase of unprocessed timber + originating from public lands that was entered into before-- + ``(A) September 10, 1990, with respect to States with annual + sales volumes of 400,000,000 board feet or less; or + ``(B) January 1, 1991, with respect to States with annual + sales volumes greater than 400,000,000 board feet; or + ``(2) any contract under which exports of unprocessed timber + were permitted pursuant to an order of the Secretary of Commerce in + effect under this section before October 23, 1992. + ``(f) Western Red Cedar.--Nothing in this section shall be construed +to supersede section 7(i) of the Export Administration Act of 1979 (50 +U.S.C. App. 2406(i)).''. + +SEC. 3. MONITORING AND ENFORCEMENT. + + (a) Monitoring.--Section 492(a) of the Forest Resources Conservation +and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended-- + (1) in paragraph (1), by striking ``and'' at the end of the + paragraph; + (2) in paragraph (2), by striking the period at the end of the + paragraph and inserting a semicolon; and + (3) by adding at the end the following new paragraphs: + ``(3) each person who acquires, either directly or indirectly, + unprocessed timber originating from public lands in a State that is + subject to an order issued by the Secretary of Commerce under + section 491(a), other than a State that is administering and + enforcing a program under section 491(d), shall report the receipt + and disposition of the timber to the Secretary of Commerce, in such + form as the Secretary may by rule prescribe, except that nothing in + this paragraph shall be construed to hold any person responsible for + reporting the disposition of any timber held by subsequent persons; + and + ``(4) each person who transfers to another person unprocessed + timber originating from public lands in a State that is subject to + an order issued by the Secretary of Commerce under section 491(a), + other than a State that is administering and enforcing a program + under section 491(d), shall, before completing the transfer-- + ``(A) provide to such other person a written notice, in such + form as the Secretary of Commerce may prescribe, that shall + identify the public lands from which the timber originated; and + ``(B) receive from such other person-- + ``(i) a written acknowledgment of the notice, and + ``(ii) a written agreement that the recipient of the + timber will comply with the requirements of this title, + in such form as the Secretary of Commerce may prescribe; and + ``(C) provide to the Secretary of Commerce copies of all + notices, acknowledgments, and agreements referred to in + subparagraphs (A) and (B).''. + (b) Civil Penalties.--Section 492(c) of the Forest Resources +Conservation and Shortage Relief Act of 1990 is amended-- + (1) in paragraph (1)-- + (A) by inserting ``(A)'' before ``If the Secretary''; and + (B) by adding at the end the following: + ``(B)(i) Subject to clause (ii), if the Secretary of Commerce + finds, on the record and after an opportunity for a hearing, that a + person, with willful disregard for the restrictions contained in an + order of the Secretary under section 491(a) on exports of + unprocessed timber from public lands, exported or caused to be + exported unprocessed timber originating from public lands in + violation of such order, the Secretary may assess against such + person a civil penalty of not more than $500,000 for each violation, + or 3 times the gross value of the unprocessed timber involved in the + violation, whichever amount is greater. + ``(ii) Clause (i) shall not apply with respect to exports of + unprocessed timber originating from public lands in a State that is + administering and enforcing a program under section 491(d).''; and + (2) in paragraph (2)-- + (A) by redesignating subparagraphs (A), (B), and (C) as + clauses (i), (ii), and (iii), respectively; + (B) by inserting ``(A)'' before ``If the Secretary''; and + (C) by adding at the end the following: + ``(B)(i) Subject to clause (ii), if the Secretary of Commerce + finds, on the record and after an opportunity for a hearing, that a + person has violated, on or after June 1, 1993, any provision of this + title or any regulation issued under this title relating to the + export of unprocessed timber originating from public lands (whether + or not the violation caused the export of unprocessed timber from + public lands in violation of this title), the Secretary may assess + against such person a civil penalty to the same extent as the + Secretary concerned may impose a penalty under clause (i), (ii), or + (iii) of subparagraph (A). + ``(ii) Clause (i) shall not apply with respect to unprocessed + timber originating from public lands in a State that is + administering and enforcing a program under section 491(d).''. + +SEC. 4. SEVERABILITY. + + If any provision of this Act or the amendments made by this Act, or +the application thereof to any person or circumstance is held invalid, +the remainder of this Act and such amendments and the application of +such provision to other persons not similarly situated or to other +circumstances shall not be affected by such invalidation. + + + + + + + + Speaker of the House of Representatives. + + + + + + + + Vice President of the United States and + President of the Senate.","Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions. +Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one. +Establishes civil penalties for violations of this Act.",Forest Resources Conservation and Shortage Relief Amendments Act of 1993," The Forest Resources Conservation and Shortage Relief Amendments Act of 1993 amends the Forest Resources Conservation and Shortage Relief Act of 1990 to restrict exports of unprocessed timber from state and other public lands. The Secretary of Commerce is ordered to issue an order prohibiting the export of unprocessed timber originating from public lands during the period beginning on June 1, 1993, and ending on December 31, 1995. The order shall not be subject to any other provision of law. The Secretary is also responsible for administering the prohibitions consistent with this title and ensuring that the species, grades, and geographic origin of unprocessed timber prohibited from export within each state is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the state. The Secretary is authorized to enter into agreements with federal and state agencies to assist in carrying out this title. State programs may be submitted to the Secretary for approval if they implement prohibitions on exports of unprocessed timber originating from public lands and ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export within the state is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the state. Civil penalties may be assessed against persons who violate the restrictions on exports of unprocessed timber from public lands." +"TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK. + +SEC. 101. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds that-- + (1)(A) immigration, and the resulting diversity of cultural + influences, is a key factor in defining the identity of the United + States; and + (B) many United States citizens trace their ancestry to persons + born in nations other than the United States; + (2) the latter part of the 19th century and the early part of + the 20th century marked a period in which the volume of immigrants + coming to the United States far exceeded that of any time prior to + or since that period; + (3) no single identifiable neighborhood in the United States + absorbed a comparable number of immigrants than the Lower East Side + neighborhood of Manhattan in New York City; + (4) the Lower East Side Tenement at 97 Orchard Street in New + York City is an outstanding survivor of the vast number of humble + buildings that housed immigrants to New York City during the + greatest wave of immigration in American history; + (5) the Lower East Side Tenement is owned and operated as a + museum by the Lower East Side Tenement Museum; + (6) the Lower East Side Tenement Museum is dedicated to + interpreting immigrant life within a neighborhood long associated + with the immigrant experience in the United States, New York City's + Lower East Side, and its importance to United States history; and + (7)(A) the Director of the National Park Service found the + Lower East Side Tenement at 97 Orchard Street to be nationally + significant; and + (B) the Secretary of the Interior declared the Lower East Side + Tenement a National Historic Landmark on April 19, 1994; and + (C) the Director of the National Park Service, through a + special resource study, found the Lower East Side Tenement suitable + and feasible for inclusion in the National Park System. + (b) Purposes.--The purposes of this title are-- + (1) to ensure the preservation, maintenance, and interpretation + of this site and to interpret at the site the themes of + immigration, tenement life in the latter half of the 19th century + and the first half of the 20th century, the housing reform + movement, and tenement architecture in the United States; + (2) to ensure continued interpretation of the nationally + significant immigrant phenomenon associated with New York City's + Lower East Side and the Lower East Side's role in the history of + immigration to the United States; and + (3) to enhance the interpretation of the Castle Clinton, Ellis + Island, and Statue of Liberty National Monuments. + +SEC. 102. DEFINITIONS. + + As used in this title: + (1) Historic site.--The term ``historic site'' means the Lower + East Side Tenement found at 97 Orchard Street on Manhattan Island + in the City of New York, State of New York, and designated as a + national historic site by section 103. + (2) Museum.--The term ``Museum'' means the Lower East Side + Tenement Museum, a nonprofit organization established in the City + of New York, State of New York, which owns and operates the + tenement building at 97 Orchard Street and manages other properties + in the vicinity of 97 Orchard Street as administrative and program + support facilities for 97 Orchard Street. + (3) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + +SEC. 103. ESTABLISHMENT OF HISTORIC SITE. + + (a) In General.--To further the purposes of this title and the Act +entitled ``An Act to provide for the preservation of historic American +sites, buildings, objects, and antiquities of national significance, +and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et +seq.), the Lower East Side Tenement at 97 Orchard Street, in the City +of New York, State of New York, is designated a national historic site. + (b) Coordination With National Park System.-- + (1) Affiliated site.--The historic site shall be an affiliated + site of the National Park System. + (2) Coordination.--The Secretary, in consultation with the + Museum, shall coordinate the operation and interpretation of the + historic site with the Statue of Liberty National Monument, Ellis + Island National Monument, and Castle Clinton National Monument. The + historic site's story and interpretation of the immigrant + experience in the United States is directly related to the themes + and purposes of these National Monuments. + (c) Ownership.--The historic site shall continue to be owned, +operated, and managed by the Museum. + +SEC. 104. MANAGEMENT OF THE HISTORIC SITE. + + (a) Cooperative Agreement.--The Secretary may enter into a +cooperative agreement with the Museum to ensure the marking, +interpretation, and preservation of the national historic site +designated by section 103(a). + (b) Technical and Financial Assistance.--The Secretary may provide +technical and financial assistance to the Museum to mark, interpret, +and preserve the historic site, including making preservation-related +capital improvements and repairs. + (c) General Management Plan.-- + (1) In general.--The Secretary, in consultation with the + Museum, shall develop a general management plan for the historic + site that defines the role and responsibility of the Secretary with + regard to the interpretation and the preservation of the historic + site. + (2) Integration with national monuments.--The plan shall + outline how interpretation and programming for the historic site + shall be integrated and coordinated with the Statue of Liberty + National Monument, Ellis Island National Monument, and Castle + Clinton National Monument to enhance the story of the historic site + and these National Monuments. + (3) Completion.--The plan shall be completed not later than 2 + years after the date of enactment of this Act. + (d) Limited Role of Secretary.--Nothing in this title authorizes +the Secretary to acquire the property at 97 Orchard Street or to assume +overall financial responsibility for the operation, maintenance, or +management of the historic site. + +SEC. 105. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as are necessary +to carry out this title. + + TITLE II--OTHER MATTERS + +SEC. 201. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA. + + (a) Findings.--The Congress finds and declares that-- + (1) the Casa Malpais National Historic Landmark was occupied by + one of the largest and most sophisticated Mogollon communities in + the United States; + (2) the landmark includes a 58-room masonry pueblo, including + stairways, Great Kiva complex, and fortification walls, a + prehistoric trail, and catacomb chambers where the deceased were + placed; + (3) the Casa Malpais was designated as a national historic + landmark by the Secretary of the Interior in 1964; and + (4) the State of Arizona and the community of Springerville are + undertaking a program of interpretation and preservation of the + landmark. + (b) Purpose.--It is the purpose of this section to assist in the +preservation and interpretation of the Casa Malpais National Historic +Landmark for the benefit of the public. + (c) Cooperative Agreements.-- + (1) In general.--In furtherance of the purpose of this section, + the Secretary of the Interior is authorized to enter into + cooperative agreements with the State of Arizona and the town of + Springerville, Arizona, pursuant to which the Secretary may provide + technical assistance to interpret, operate, and maintain the Casa + Malpais National Historic Landmark and may also provide financial + assistance for planning, staff training, and development of the + Casa Malpais National Historic Landmark, but not including other + routine operations. + (2) Additional provisions.--Any such agreement may also contain + provisions that-- + (A) the Secretary, acting through the Director of the + National Park Service, shall have right to access at all + reasonable times to all public portions of the property covered + by such agreement for the purpose of interpreting the landmark; + and + (B) no changes or alterations shall be made in the landmark + except by mutual agreement between the Secretary and the other + parties to all such agreements. + (d) Appropriations.--There are authorized to be appropriated such +sums as may be necessary to provide financial assistance in accordance +with this section. + SEC. 202. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE. + Section 6 of the Act of October 15, 1966, entitled ``An Act to +establish in the State of Michigan the Pictured Rocks National +Lakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as +follows: + (1) In subsection (b)(1) by striking ``including a scenic + shoreline drive'' and inserting ``including appropriate + improvements to Alger County Road H-58''. + (2) By adding at the end the following new subsection: + ``(c) Prohibition of Certain Construction.--A scenic shoreline +drive may not be constructed in the Pictured Rocks National +Lakeshore.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","TABLE OF CONTENTS: + Title I: Lower East Side Tenement National Historic Site, + New York + Title II: Other Matters +Title I: Lower East Side Tenement National Historic Site, New York + - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. +Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments. Provides that the Site shall continue to own, operate, and manage the Lower East Side Tenement Museum. +Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. +Requires the Secretary to develop a general management plan for the Site that: (1) defines the Secretary's role and responsibility with regard to the interpretation and preservation of the Site; and (2) outlines how interpretation and programming for the Site shall be integrated and coordinated with the Statute of Liberty, Ellis Island, and Castle Clinton National Monuments to enhance the story of the Site and Monuments. +Authorizes appropriations. + Title II: Other Matters - Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. +Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. +Authorizes appropriations. +Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore.",Lower East Side Tenement National Historic Site Act of 1998," This document outlines the establishment of the Lower East Side Tenement National Historic Site in New York City as a national historic site to preserve and interpret the themes of immigration, tenement life, housing reform, and tenement architecture during the 19th and early 20th centuries. The site will be affiliated with the National Park System and managed by the Lower East Side Tenement Museum. The document also discusses cooperative agreements for preservation and interpretation of other historic landmarks such as Casa Malpais National Historic Landmark in Arizona and provisions for roads in Pictured Rocks National Lakeshore in Michigan." +"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," The Border Health Security Act of 2013 aims to address public health challenges along the United States-Mexico border and improve health outcomes for border communities. It amends the United States-Mexico Border Health Commission Act to include cooperation with the Canada-United States Pan Border Public Health Preparedness Council and to serve as an independent body to recommend and implement initiatives that solve border health issues. The Act authorizes grants for eligible entities to address health priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council. It also authorizes grants for Early Warning Infectious Disease Surveillance (EWIDS) in the border area. The Act requires the Commission and Council to prepare binational strategic plans and operational work plans, with GAO evaluations conducted every two years. Coordination with federal, state, and local authorities is required for all hazard preparedness and general border health activities funded under this Act." +"TITLE I--HOMELESS VETERANS MATTERS + +SECTION 101. SHORT TITLE. + + This Act may be cited as the ``Helping Homeless Heroes Act of +2011''. + +SEC. 102. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS. + + (a) Enhancement of Grants.--Section 2011 of title 38, United States +Code, is amended-- + (1) in subsection (b)(1)(A), by striking ``expansion, + remodeling, or alteration of existing facilities, or + acquisition of facilities,'' and inserting ``new construction + of facilities, expansion, remodeling, or alteration of existing + facilities, or acquisition of facilities''; and + (2) in subsection (c)-- + (A) in the first sentence, by striking ``A grant'' + and inserting ``(1) A grant''; + (B) in the second sentence of paragraph (1), as + designated by subparagraph (A), by striking ``The + amount'' and inserting the following: + ``(2) The amount''; and + (C) by adding at the end the following new + paragraph: + ``(3)(A) The Secretary may not deny an application from an + entity that seeks a grant under this section to carry out a + project described in subsection (b)(1)(A) solely on the basis + that the entity proposes to use funding from other private or + public sources, if the entity demonstrates that a private + nonprofit organization will provide oversight and site control + for the project. + ``(B) In this paragraph, the term `private + nonprofit organization' means the following: + ``(i) An incorporated private institution, + organization, or foundation-- + ``(I) that has received, or has + temporary clearance to receive, tax- + exempt status under paragraph (2), (3), + or (19) of section 501(c) of the + Internal Revenue Code of 1986; + ``(II) for which no part of the net + earnings of the institution, + organization, or foundation inures to + the benefit of any member, founder, or + contributor of the institution, + organization, or foundation; and + ``(III) that the Secretary + determines is financially responsible. + ``(ii) A for-profit limited partnership or + limited liability company, the sole general + partner or manager of which is an organization + that is described by subclauses (I) through + (III) of clause (i). + ``(iii) A corporation wholly owned and + controlled by an organization that is described + by subclauses (I) through (III) of clause + (i).''. + (b) Grant and Per Diem Payments.-- + (1) Study and development of fiscal controls and payment + method.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs + shall-- + (A) complete a study of all matters relating to the + method used by the Secretary to make per diem payments + under section 2012(a) of title 38, United States Code; + and + (B) develop an improved method for adequately + reimbursing recipients of grants under section 2011 of + such title for services furnished to homeless veterans. + (2) Consideration.--In developing the method required by + paragraph (1)(B), the Secretary may consider payments and + grants received by recipients of grants described in such + paragraph from other departments and agencies of Federal and + local governments and from private entities. + (3) Report.--Not later than one year after the date of the + enactment of this Act, the Secretary shall submit to Congress a + report on-- + (A) the findings of the Secretary with respect to + the study required by subparagraph (A) of paragraph + (1); + (B) the method developed under subparagraph (B) of + such paragraph; and + (C) any recommendations of the Secretary for + revising the method described in subparagraph (A) of + such paragraph and any legislative action the Secretary + considers necessary to implement such method. + (c) Authorization of Appropriations.--Section 2013 of such title is +amended by striking ``subchapter'' and all that follows through the +period and inserting the following: ``subchapter amounts as follows: + ``(1) $150,000,000 for each of fiscal years 2007 through + 2009. + ``(2) $175,100,000 for fiscal year 2010. + ``(3) $217,700,000 for fiscal year 2011. + ``(4) $250,000,000 for fiscal year 2012. + ``(5) $150,000,000 for fiscal year 2013 and each fiscal + year thereafter.''. + +SEC. 103. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH + SPECIAL NEEDS. + + (a) Inclusion of Entities Eligible for Comprehensive Service +Program Grants and Per Diem Payments for Services to Homeless +Veterans.--Subsection (a) of section 2061 of such title is amended-- + (1) by striking ``to grant and per diem providers'' and + inserting ``to entities eligible for grants and per diem + payments under sections 2011 and 2012 of this title''; and + (2) by striking ``by those facilities and providers'' and + inserting ``by those facilities and entities''. + (b) Inclusion of Male Homeless Veterans With Minor Dependents.-- +Subsection (b) of such section is amended-- + (1) in paragraph (1), by striking ``, including women who + have care of minor dependents''; + (2) in paragraph (3), by striking ``or''; + (3) in paragraph (4), by striking the period at the end and + inserting ``; or''; and + (4) by adding at the end the following new paragraph: + ``(5) individuals who have care of minor dependents.''. + (c) Authorization of Provision of Services to Dependents.--Such +section is further amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Provision of Services to Dependents.--A recipient of a grant +under subsection (a) may use amounts under the grant to provide +services directly to a dependent of a homeless veteran with special +needs who is under the care of such homeless veteran while such +homeless veteran receives services from the grant recipient under this +section.''. + +SEC. 104. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND + REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION + OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO + ARE NOT SERIOUSLY MENTALLY ILL. + + Section 2031(a) of such title is amended in the matter before +paragraph (1) by striking ``, including'' and inserting ``and to''. + +SEC. 105. PLAN TO END VETERAN HOMELESSNESS. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to Congress a comprehensive plan to end homelessness among veterans. + (b) Elements.--The plan required by subsection (a) shall include +the following: + (1) An analysis of programs of the Department of Veterans + Affairs and other departments and agencies of the Federal + Government that are designed to prevent homelessness among + veterans and assist veterans who are homeless. + (2) An evaluation of whether and how coordination between + the programs described in paragraph (1) would contribute to + ending homelessness among veterans. + (3) Recommendations for improving the programs described in + paragraph (1), enhancing coordination between such programs, or + eliminating programs that are no longer effective. + (4) Recommendations for new programs to prevent and end + homelessness among veterans, including an estimate of the cost + of such programs. + (5) A timeline for implementing the plan, including + milestones to track the implementation of the plan. + (6) Benchmarks to measure the effectiveness of the plan and + the efforts of the Secretary to implement the plan. + (7) Such other matters as the Secretary considers + necessary. + (c) Consideration of Veterans Located in Rural Areas.--The +analysis, evaluation, and recommendations included in the report +required by subsection (a) shall include consideration of the +circumstances and requirements that are unique to veterans located in +rural areas. + +SEC. 106. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS + VETERANS. + + (a) Health Care for Homeless Veterans.--Section 2031(b) of title +38, United States Code, is amended by striking ``December 31, 2011'' +and inserting ``December 31, 2012''. + (b) Centers for Provision of Comprehensive Services to Homeless +Veterans.--Section 2033(d) of such title is amended by striking +``December 31, 2011'' and inserting ``December 31, 2014''. + (c) Property Transfers for Housing Assistance for Homeless +Veterans.--Section 2041(c) of such title is amended by striking +``December 31, 2011'' and inserting ``December 31, 2014''. + (d) Advisory Committee on Homeless Veterans.--Section 2066(d) of +such title is amended by striking ``December 30, 2011'' and inserting +``December 30, 2013''. + +SEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS + REINTEGRATION PROGRAM. + + Section 2021(e)(1) of such title is amended adding at the end the +following new subparagraph: + ``(G) $50,000,000 for fiscal year 2012.''. + +SEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE + FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN + FAMILIES IN PERMANENT HOUSING. + + (a) In General.--Section 2044(e) of such title is amended-- + (1) in paragraph (1), by adding at the end the following + new subparagraph: + ``(D) $100,000,000 for fiscal year 2012.''; and + (2) in paragraph (3), by striking ``2011'' and inserting + ``2012''. + (b) Technical Amendment.--Paragraph (1) of such subsection is +further amended by striking ``carry out subsection (a), (b), and (c)'' +and inserting ``carry out subsections (a), (b), and (c)''. + +SEC. 109. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR + HOMELESS VETERANS WITH SPECIAL NEEDS. + + Section 2061(c)(1) of such title is amended by striking ``2011'' +and inserting ``2013''.","Helping Homeless Heroes Act of 2011 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control. + +Revises eligibility: (1) under the grant program for entities serving homeless veterans with special needs, and (2) for treatment and rehabilitation of homeless veterans who are not seriously mentally ill. + +Includes all individuals caring for minor dependents (current law applies only to women caring for minor dependents) within the definition of ""homeless veterans with special needs."" + +Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to consider circumstances and requirements unique to veterans located in rural areas. + +Extends provisions concerning: (1) homeless veterans' health care to December 31, 2012; (2) centers for provision of comprehensive services and property transfers for housing assistance to December 31, 2014; and (3) the Advisory Committee on Homeless Veterans to December 30, 2013.","To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to homeless veterans, and for other purposes."," The ""Helping Homeless Heroes Act of 2011"" aims to enhance comprehensive service programs for homeless veterans by amending grants for new construction, expansion, remodeling, or acquisition of facilities. The Secretary may not deny an application from an entity that seeks a grant to carry out a project solely based on the entity's use of funding from other private or public sources if a private nonprofit organization provides oversight and site control for the project. The Act also requires the Secretary to study and develop an improved method for reimbursing recipients of grants for services furnished to homeless veterans. The Act modifies grant programs for homeless veterans with special needs, including the inclusion of male homeless veterans with minor dependents. It modifies the authority for providing treatment and rehabilitation to certain veterans to include homeless veterans who are not seriously mentally ill. The Secretary is required to submit a comprehensive plan to end homelessness among veterans, including analysis, evaluation, recommendations for improvement, new programs, timeline implementation, benchmarks, and other matters deemed necessary. Certain authorities relating to homeless veterans are extended, including health care for homeless veterans, centers for provision of comprehensive services to homeless veterans, property transfers for housing assistance for homeless veterans, and the Advisory Committee on Homeless Veterans. Appropriations for homeless veterans reintegration programs and financial assistance for supportive services for very low-income veteran families in permanent housing are reauthorized." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicare Academic Anesthesiology and +CRNA Payment Improvement Act of 2006''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Since 1991, the Medicare program has reduced + reimbursements for anesthesia services provided to Medicare + beneficiaries by 50 percent in certain instances when education + of student nurse anesthetists or anesthesiology medical + residents is involved, imposing financial disincentives against + anesthesia education. These Medicare payment policies are known + as anesthesia teaching rules. + (2) In 2002, the Centers for Medicare & Medicaid Services + (CMS) authorized an alternative payment system for certain + cases involving nurse anesthesia education and subsequently for + anesthesiology resident education, in which the agency allowed + reimbursement for base units plus discontinuous time. However, + the alternative has not propagated in the marketplace and CMS + has declined to reform the anesthesia teaching rules further + without an Act of Congress. + (3) To ensure the access of patients to safe, high quality + anesthesia care, society has a strong interest in providing for + high quality anesthesia educational institutions. The + population of the United States is aging, resulting in an + increase in demand for health care requiring anesthesia and + pain management services provided by anesthesiologists and + certified registered nurse anesthetists (CRNAs). + (4) Though the Institute of Medicine in 2000 found the + provision of anesthesia in such year to be 50 times safer than + the provision of anesthesia during the 20 years previous to + such year, continued evaluation, innovation, and quality + improvements in anesthesia are required to further enhance + patient safety. + (5) As of August 2006, there are 130 anesthesiology + residency programs and 102 programs accredited by the Council + on Accreditation of Nurse Anesthesia Educational Programs in + the United States. Under the current payment rules under the + Medicare program, both anesthesiology residency and nurse + anesthesia educational programs report challenges recruiting + and retaining faculty. + (6) Since part B under the Medicare program provides for + reimbursement for the services of anesthesiologists and the + services of CRNAs, reforms to the anesthesia teaching rules + under the Medicare program should treat teaching + anesthesiologists and teaching CRNAs similarly with respect to + anesthesiology medical residents and student registered nurse + anesthetists, respectively, and should not favor one provider + over another. + +SEC. 3. PURPOSE. + + The purpose of this Act is to ensure financial stability of nurse +anesthesia and anesthesiology educational programs to provide +sufficient opportunities for student nurse anesthetists and medical +residents to pursue the specialty of anesthesia so that patients +continue to have access to quality health care. + +SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND + TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS. + + (a) For Physicians' Services.--Section 1848(a) of the Social +Security Act (42 U.S.C. 1395w-4(a)) is amended-- + (1) in paragraph (4)(A), by inserting ``except as provided + in paragraph (5)(A)'' after ``anesthesia cases,''; and + (2) by adding at the end of paragraph (4) the following new + paragraph: + ``(5) Special rule for teaching anesthesiologists.-- + ``(A) In general.--With respect to physicians' + services furnished by a teaching anesthesiologist + involved in the training of physician residents or + student nurse anesthetists in a single anesthesia case + or two concurrent anesthesia cases, notwithstanding + paragraph (4), the fee schedule amount to be applied + for each such case shall be the amount described in + subparagraph (B) if both of the following conditions + are met: + ``(i) The teaching anesthesiologist is + present during all critical or key portions of + the anesthesia service or case involved. + ``(ii) At least one of the following + individuals is immediately available to furnish + anesthesia services during the entire case: + ``(I) The teaching + anesthesiologist. + ``(II) An anesthesiologist with + whom the teaching anesthesiologist has + entered into an arrangement for such + purpose. + ``(III) In the case of the training + of student nurse anesthetists, a + certified registered nurse anesthetist + with whom the teaching anesthesiologist + has entered into an arrangement with + respect to such training. + ``(B) Amount described.--For purposes of + subparagraph (A), the amount described in this + subparagraph, with respect to anesthesia services + furnished by a teaching anesthesiologist described in + such subparagraph, is 100 percent of the fee schedule + amount otherwise applicable under this section if the + anesthesia services were personally performed by the + teaching anesthesiologist alone. + ``(C) Clarification for anesthesiologists who + medically direct teaching certified registered nurse + anesthetists.--Subparagraph (A) shall not apply in the + case of physician services furnished by an + anesthesiologist who medically directs a certified + registered nurse anesthetist who is involved in the + training of student nurse anesthetists in a single + anesthesia case or two concurrent anesthesia cases.''. + (b) For Services of Certified Registered Nurse Anesthetists.-- +Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended-- + (1) in paragraph (4)(B)(iii)-- + (A) by striking ``In the case of'' and inserting + ``(I) Subject to clause (II), in the case of''; + (B) by striking ``1848(a)(5)(B)'' and inserting + ``1848(a)(4)(B)''; and + (C) by adding at the end the following new + subclause: + ``(II) Subclause (I) shall apply to a certified registered nurse +anesthetist who is medically directed or medically supervised by a +physician notwithstanding whether or not such certified registered +nurse anesthetist is involved in the training of student nurse +anesthetists in a single case or two concurrent cases.''; and + (2) by adding at the end the following new paragraph: + ``(7)(A) With respect to services furnished by a teaching certified +registered nurse anesthetist who is not medically directed and who is +involved in the training of student nurse anesthetists in a single +anesthesia case or two concurrent anesthesia cases, the fee schedule +amount to be applied for each such case shall be the amount described +in subparagraph (B) if both of the following conditions are met: + ``(i) The teaching certified registered nurse anesthetist + is present during all critical or key portions of the + anesthesia service or case involved. + ``(ii) The teaching certified registered nurse anesthetist + (or other certified registered nurse anesthetist or + anesthesiologist with whom the teaching certified registered + nurse anesthetist has entered into an arrangement) is + immediately available to furnish anesthesia services during the + entire case. + ``(B) For purposes of subparagraph (A), the amount described in +this subparagraph, with respect to services furnished by a teaching +certified registered nurse anesthetist described in such subparagraph, +is 100 percent of the fee schedule amount otherwise applicable under +this subsection if the services were personally performed by the +teaching certified registered nurse anesthetist alone.''. + (c) Effective Date.--The amendments made by this section shall +apply to services furnished on or after January 1, 2007.","Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). + +Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. + +States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. + +Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. + +Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case.",To amend title XVIII of the Social Security Act to provide for improved payments under the Medicare Program for academic anesthesiology programs for resident physicians and for academic programs for student registered nurse anesthetists.," The Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 aims to ensure financial stability for nurse anesthesia and anesthesiology educational programs to provide sufficient opportunities for student nurse anesthetists and medical residents to pursue anesthesia specialty. This will help maintain access to quality healthcare for patients. The Act introduces special payment rules for teaching anesthesiologists and teaching certified registered nurse anesthetists (CRNAs) to treat teaching anesthesiologists and teaching CRNAs similarly with respect to anesthesiology medical residents and student registered nurse anesthetists, respectively, without favoring one provider over another." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Construction Quality Assurance Act +of 2009''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) In the construction industry, specialty subcontractors + now perform the majority of construction work, in certain cases + 100 percent of the work, under the management of a prime + contractor, making the subcontractors' price and performance + the key determinant in the overall cost of construction + projects, including those performed for the Federal Government. + (2) Detrimental practices known as ``bid shopping'' and + ``bid peddling'' exist in the construction industry, including + construction projects for the Federal Government. + (3) ``Bid shopping'' occurs when a contractor, after award + of a contract, contracts with subcontractors at a price less + than the quoted price of the subcontractor upon which the + contractor's fixed bid price was based, in order to increase + the contractor's profit on the project without any benefit to + the entity for which the contract is being performed. + (4) ``Bid peddling'' occurs when a subcontractor that is + not selected for inclusion in a contractor's team seeks to + induce the contractor, after award of the contract, to + substitute the subcontractor for another subcontractor whose + bid price was reflected in the successful bid of the contractor + by offering to reduce its price for performance of the + specified work, suggesting that the previous offer of the + subcontractor was padded or incorrect. + (5) Bid shopping and bid peddling-- + (A) threaten the integrity of the competitive bid + system for construction that benefits the Federal + Government, the construction industry, and the economy + of the United States as a whole; + (B) compromise national security by promoting + uncertainty about which contractors actually perform + work on critical infrastructure projects; + (C) deprive taxpayers of the benefits of full and + open competition among prospective contractors and + subcontractors for the performance of Federal + construction projects; + (D) expose Federal construction projects to the + dangers of substandard performance, substitution of + lower quality materials, and other detrimental cost- + cutting practices by an unscrupulous substituted + subcontractor; and + (E) can be effectively deterred in Federal + construction by modifying the Federal Acquisition + Regulation to require bid listing, which is the + practice of requiring each offeror for a Federal + construction contract to list the subcontractors whose + performance is reflected in the bid price, procedures + for the substitution of listed subcontractors for good + cause, and other deterrents to abuse. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Contract.--The term ``contract'' means any contract + with the Federal Government, exceeding $1,000,000 in amount, + for the construction, alteration, or repair of any public + building or public work of the United States. + (2) Contractor.--The term ``contractor'' means an + individual or entity that has been awarded or is seeking to be + awarded a construction contract by the Federal Government. + (3) Subcontractor.--The term ``subcontractor'' means an + individual or entity that subcontracts with a contractor in an + amount in excess of $100,000 for work on a contract. + +SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS + ON CONSTRUCTION PROJECTS. + + (a) Requirement To List Subcontractors.-- + (1) In general.--Each solicitation by an executive agency + for the procurement of construction in an amount in excess of + $1,000,000 shall require each bidder to submit as part of its + bid the name, location of the place of business, and nature of + the work of each subcontractor with whom the bidder, if awarded + the contract, will subcontract for work in an amount in excess + of $100,000 on the contract. + (2) Requirements for specific categories.-- + (A) Except as provided in subparagraphs (B) and + (C), the bidder shall list only one subcontractor for + each category of work as defined by the bidder in its + bid or proposal. + (B) A bidder may list multiple subcontractors for a + category of work if each such subcontractor is listed + to perform a discrete portion of the work within a + category. + (C) A bidder may list itself for any portion of + work under the contract, which shall be deemed a + representation by the bidder that it is fully qualified + to perform that portion of the work itself and that the + bidder will perform that portion itself. + (3) Result of failure to list subcontractors.--An executive + agency shall consider any bidder that fails to list + subcontractors in accordance with this Act and the regulations + promulgated pursuant to section 7 of this Act to be non- + responsive and bids by such bidders shall not be considered. + (b) Procedures for Substitution of a Listed Subcontractor.-- + (1) Consent and good cause required.--No contractor shall + substitute a subcontractor in place of the subcontractor listed + in the original bid or proposal, except with the consent of the + contracting officer for good cause. + (2) Examples of good cause.--Good cause under paragraph (1) + shall include the following: + (A) Failure of the subcontractor to execute a + written contract after a reasonable period if such + written contract, based upon the terms, conditions, + plans, and specifications of the contract and the terms + of the subcontractor's bid or proposal, is presented to + the subcontractor by the contractor. + (B) Bankruptcy of the subcontractor. + (C) The death or physical disability of the + subcontractor, if the subcontractor is an individual. + (D) Dissolution of the subcontractor, if the + subcontractor is a corporation or partnership. + (E) Failure of a subcontractor to meet the surety + bond requirements specified by the bidder as a + condition of the subcontractor to perform on the + contract, if awarded to the bidder. + (F) The subcontractor is ineligible to perform on + the subcontract because the subcontractor is suspended, + debarred, or otherwise ineligible to perform. + (G) A series of failures by the subcontractor to + perform in accordance with the specification, terms, + and conditions of its subcontract resulting in the + withholding of amounts requested by the subcontractor + in accordance with section 3905 of title 31, United + States Code, and the regulations implementing such + section. + (H) Failure of the subcontractor to comply with a + requirement of law applicable to the subcontractor. + (I) Failure or refusal of the subcontractor to + perform the subcontract. + (3) Requests for substitution.--A request of a contractor + for a substitution of a listed subcontractor shall be submitted + in writing to the contracting officer and shall include the + reasons for the request. The contractor shall provide a copy of + its request for substitution to the listed subcontractor by any + means that provides written third-party verification of + delivery to the last known address of the subcontractor. A + subcontractor who has been so notified shall have five working + days within which to submit written objections to the + substitution to the contracting officer. Failure to file such + written objections shall constitute the consent of the listed + subcontractor to the substitution. + (c) Limitation on Assignment, Transfer, or Substitution.-- + (1) Limitation on assignment or transfer.--No contractor + shall permit any subcontract to be voluntarily assigned or + transferred or to be performed by any entity other than the + subcontractor listed in the bid or proposal without the consent + of the contracting officer. Consent of the contracting officer + to a contractor for a substitution shall-- + (A) be promptly made in writing; and + (B) be included in the contract file. + (2) Limitation on substitution.--No contractor that listed + itself for a portion of the work under the contract shall + subcontract any portion of the work for which it listed itself, + unless authorized by the contracting officer to substitute one + or more subcontractors to perform such work. + +SEC. 5. PENALTIES. + + (a) In General.-- + (1) A contractor shall be subject to penalties if, without + obtaining the approval of the contracting officer, the + contractor-- + (A) replaces a listed subcontractor for a contract + with an executive agency; or + (B) awards a subcontract to a subcontractor to + perform work which the contractor had identified as + work to be performed directly by the contractor. + (2) A subcontractor shall also be subject to penalties if + the subcontractor is determined to have knowingly participated + in the failure of the contractor to comply with the regulatory + provisions relating to the substitution of a listed + subcontractor. + (b) Amount of Penalties To Be Imposed.--The amount of penalties +imposed under this section shall be equal to the greater of-- + (1) 10 percent of the amount of the bid by the listed + subcontractor; + (2) the difference between the amount of the bid by the + listed subcontractor and the amount of the bid by the + substituted subcontractor; or + (3) the difference between the amount of the bid by a + substituted subcontractor and the dollar value specified by the + contractor for the work which the contractor had listed for its + own performance. + (c) Source of Funds for Penalties.--Penalties assessed pursuant to +this section shall be deducted from the remaining unpaid contract +balance and deposited into the fund from which the contract was +awarded. + +SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT. + + The imposition of penalties on a contractor or subcontractor for +failure to comply with the procedures for the substitution of +subcontractors on 2 contracts within a 3-year period shall be deemed to +be adequate evidence of the commission of an offense indicating a lack +of business integrity or business honesty that seriously and directly +affects the present responsibility of a Government contractor within +the meaning of part 9.4 of the Federal Acquisition Regulation +(Debarment, Suspension, and Eligibility) (48 CFR 9.4). + +SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. + + (a) Proposed Revisions.--Proposed revisions to the Government-wide +Federal Acquisition Regulation to implement the provisions in this Act +shall be published not later than 120 days after the date of the +enactment of this Act and provide not less than 60 days for public +comment. + (b) Final Regulations.--Final regulations shall be published not +less than 180 days after the date of the enactment of this Act and +shall be effective on the date that is 30 days after the date of +publication.","Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. + +Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.",To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping.," The Construction Quality Assurance Act of 2009 aims to address detrimental practices in the construction industry, such as bid shopping and bid peddling, which threaten the integrity of the competitive bid system for construction projects. The Act requires federal contractors to list subcontractors for construction projects exceeding $1 million and outlines procedures for substituting listed subcontractors with the consent of the contracting officer for good cause. Penalties are imposed on contractors and subcontractors who fail to comply with these regulations. The Act also deems imposition of penalties on contractors or subcontractors for failure to comply with subcontractor substitution procedures on two contracts within a three-year period as adequate evidence for suspension or debarment." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Urban Watershed Model +Restoration Act''. + +SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT + PROGRAM. + + (a) In General.--The Administrator of the Environmental Protection +Agency shall develop and carry out a pilot program to serve as a +national model for the restoration of urban watersheds and community +environments. The purposes of the program shall be to demonstrate +methods to encourage urban communities to use their environmental +resources as a catalyst for sustainable community redevelopment and to +meet the objectives of the Federal Water Pollution Control Act, +including stormwater, combined sewer overflows, and other water quality +objectives. The program shall have a dual function of restoration and +protection of river resources and reduction of environmental human +health risks in the surrounding communities. + (b) Location.--The pilot program under this section shall be +carried out in the Anacostia River watershed, District of Columbia and +Maryland. + (c) Activities.--In carrying out the program under this section, +the Administrator shall-- + (1) integrate on a community or geographic basis the + regulatory and nonregulatory programs of the Environmental + Protection Agency with other Federal, State, and local + government programs and provide effective coordination among + such programs; + (2) support baseline monitoring efforts of State and local + governments to determine key trends in ambient environmental + conditions for the purpose of filling gaps in critical data + about the environmental condition of the watershed; + (3) develop and maintain environmental indicators in + conjunction with interested public entities and ensure regular + public reporting of these indicators; + (4) provide grants in accordance with subsection (d) to + local community groups and nonprofit organizations to foster + community involvement in the decisionmaking process, + environmental educational goals, and restoration strategies; + (5) assist in the establishment of measurable goals for + such restoration; + (6) maintain annual program plans which provide for public + input; + (7) provide opportunities for the education of school + children and community groups on local environmental resources + and on what individuals can do to reduce environmental and + health risks; + (8) develop consensus strategies for the restoration and + protection of the watershed in cooperation with other Federal, + State, and local groups to address critical issues and needs; + (9) maintain a biennial Federal work planning process for + Federal landholders and programmatic agencies to identify + specific opportunities and needs for Federal activities in + support of the pilot program's goals; + (10) demonstrate new technologies and approaches which are + applicable nationally to stormwater management, combined sewer + overflow control, floatables reduction, forest buffer + restoration, and other activities being conducted under the + Federal Water Pollution Control Act; + (11) participate in urban habitat improvement projects in + the watershed on a demonstration basis; + (12) assist in the implementation of the regional action + plan for toxics reduction and prevention in the watershed; + (13) implement on the ground projects for restoration of + the watershed to the extent they are unique or transferable to + national audiences; and + (14) maintain and enhance the Biennial Work Plan for the + Anacostia River Watershed published by the United States Army + Corp of Engineers and the Environmental Protection Agency on + April 22, 1997, for the purpose of identifying specific + opportunities for Federal landholders to contribute to the + pilot program. + (d) Challenge Grants.-- + (1) Set-aside.--The Administrator may set aside no less + than $400,000 of amounts appropriated to carry out this section + for each fiscal year to make grants under subsection (c)(4). + (2) Environmental protection agency share.--The + Environmental Protection Agency's share of the costs of + activities to be carried out with a grant under this section + shall be not less than 75 percent. The remaining share of such + costs may be provided through in-kind contributions and may be + provided from Federal funds appropriated to carry out any law, + other than this Act, if the Federal agency making such funds + available agrees. + (e) Coordination.--In carrying out the pilot program under this +section, the Administrator shall work in coordination with other +Federal agencies, particularly the Army Corps of Engineers, to identify +projects and activities which are supportive of the goals of the pilot +program. + (f) Reports.--The Administrator shall transmit to Congress by +January 1 of each fiscal years 2000 through 2004 a report on the +activities carried out under, and results of, the pilot program during +the preceding fiscal year, including a report on the technical, +managerial, and public involvement aspects of the pilot program which +are transferable to other urban areas. + (g) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $750,000 for each of fiscal +years 2000 through 2004. Such sums shall remain available until +expended.","Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. +Authorizes appropriations.",National Urban Watershed Model Restoration Act," The National Urban Watershed Model Restoration Act aims to develop and implement a pilot program for restoring urban watersheds and community environments. This program will be carried out in the Anacostia River watershed, District of Columbia and Maryland. The program's objectives include demonstrating methods to encourage urban communities to use their environmental resources for sustainable redevelopment and meeting the objectives of the Federal Water Pollution Control Act. The program will have dual functions of restoration and protection of river resources and reduction of environmental human health risks in surrounding communities. Activities include integrating programs, supporting monitoring efforts, developing environmental indicators, providing grants to local community groups, assisting in establishing measurable goals, maintaining annual program plans, providing educational opportunities, developing consensus strategies, maintaining a biennial federal work planning process, demonstrating new technologies, participating in urban habitat improvement projects, assisting in toxics reduction implementation, implementing on-ground restoration projects, and maintaining and enhancing the Biennial Work Plan for the Anacostia River Watershed." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Responsible Debt Relief and +Democracy Reform Act''. + +SEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT + OWED TO THE UNITED STATES. + + The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is +amended by adding at the end the following: + + ``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF + DEBT OWED TO THE UNITED STATES + +``SEC. 901. CANCELLATION OR REDUCTION OF DEBT. + + ``Beginning on and after the date of the enactment of this part, +the President may cancel or reduce amounts owed to the United States +(or any agency of the United States) by foreign countries as a result +of concessional or nonconcessional loans made, guarantees issued, or +credits extended under any other provision of law only if, in addition +to the requirements contained under the applicable provisions of law +providing authority for the debt cancellation or reduction, the +requirements contained in section 902 are satisfied. + +``SEC. 902. ADDITIONAL REQUIREMENTS. + + ``(a) In General.--A foreign country shall be eligible for +cancellation or reduction of debt under any other provision of law only +if the government of the country-- + ``(1) ensures freedom of the press; + ``(2) ensures freedom of association; + ``(3) has established an independent and nondiscriminatory + judiciary; + ``(4) provides for the reduction or elimination of + corruption relating to public officials, including-- + ``(A) the promulgation of laws to prohibit bribery + of and by public officials, including disclosure of + assets by such officials upon taking office, + periodically while in office, and upon leaving office; + ``(B) the establishment of an independent anti- + corruption commission-- + ``(i) to receive and verify the disclosure + of assets by public officials in accordance + with subparagraph (A); and + ``(ii) to investigate allegations or + corruption or misconduct by public officials + and to make all findings available to the + appropriate administrative or judicial + entities; and + ``(C) the establishment of an independent agency-- + ``(i) to audit the financial activities of + public officials and agencies; and + ``(ii) to make all audits under clause (i) + available to the appropriate administrative or + judicial entities; + ``(5) is elected through free and fair elections; + ``(6) does not engage in a consistent pattern of gross + violations of internationally recognized human rights; and + ``(7) does not repeatedly provided support for acts of + international terrorism, as determined by the Secretary of + State under section 6(j)(1) of the Export Administration Act of + 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the + Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)). + ``(b) Exceptions.--The President may waive the application of 1 or +more of the requirements of subsection (a) with respect to the +cancellation or reduction of debt owed to the United States by a +foreign country-- + ``(1) for emergency humanitarian relief purposes; + ``(2) if the President determines that it is in the + national security interests of the United States to do so; or + ``(3) if the President determines that the foreign country + is making demonstrable progress in meeting the requirements of + paragraphs (1) through (7) of subsection (a) by adopting + appropriate legal and other related reforms. + ``(c) Congressional Notification.--Not later than 7 days prior to +the cancellation or reduction of debt in accordance with section 901, +the President shall transmit to the Congress a report that contains a +justification for the determination by the President that-- + ``(1) the requirements contained in each of paragraphs (1) + through (7) of subsection (a) have been satisfied with respect + to the foreign country involved; or + ``(2) the requirement of paragraph (1), (2), or (3) of + subsection (b) has been satisfied with respect to the foreign + country involved.''. + +SEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF + MULTILATERAL DEBT. + + It is the sense of the Congress that the President should instruct +the United States Executive Director at each international financial +institution to which the United States is a member to use the voice, +vote, and influence of the United States to urge that the cancellation +or reduction of debt owed to the institution by a country may be +provided only if the country meets the same requirements applicable to +the cancellation or reduction of amounts owed to the United States +under paragraphs (1) through (7) of section 902(b) of the Foreign +Assistance Act of 1961 (as added by section 2).","Expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use the U.S. voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act.",Responsible Debt Relief and Democracy Reform Act," The ""Responsible Debt Relief and Democracy Reform Act"" amends the Foreign Assistance Act of 1961 to add additional requirements for cancellation or reduction of debt owed to the United States by foreign countries. These requirements include ensuring freedom of the press and association, establishing an independent and nondiscriminatory judiciary, reducing or eliminating corruption related to public officials, holding free and fair elections, not engaging in gross violations of internationally recognized human rights, and not repeatedly providing support for acts of international terrorism. The President may waive these requirements for emergency humanitarian relief purposes or if it is in the national security interests of the United States. The Act also expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use their voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country may be provided only if the country meets the same requirements applicable to the cancellation or reduction of amounts owed to the United States." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Center for Excellence in +Research and Development Act of 1994''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) Due to the end of the Cold War, the United States has + not recently conducted underground nuclear testing at the + Department of Energy facility known as the Nevada Test Site, + Nevada, and the United States does not plan to conduct such + testing in the foreseeable future. + (2) Because the world political situation is ever-changing + and dangerous, it is imperative that the United States remain + strong militarily and continue to be a nuclear superpower. + (3) It is imperative that the Nevada Test Site be + maintained in a full state of readiness to ensure the + capability of the nuclear arsenal of the United States. + (4) The Nevada Test Site is in a beneficial location for + activities suitable for research and development of emerging + technologies that will be important to the United States in the + 21st century. + (5) Technology development carried out at the Nevada Test + Site should include both private-sector and military projects. + (6) The Nevada Test Site can support the stewardship of the + Nation's nuclear weapons stockpile, the nonproliferation of + nuclear weapons, and the technological competitiveness of the + United States by providing the environment for nuclear and non- + nuclear test and demonstration experiments and projects for + government, industry, and academia. + (7) The Nevada Test Site can provide the infrastructure to + support industrial and civilian tests of environmentally + demanding projects and programs. + (8) The Nevada Test Site can support the testing and + demonstration of environmental clean-up technologies by + government and industry. + (9) The Nevada Test Site can support the testing of + alternative and renewable energy sources for environmentally + clean and economically competitive replacements for traditional + fossil energy sources and uses in many parts of Nevada and in + the United States as a whole. + (10) The Nevada Test Site can provide support for + disarmament activities such as the demonstration of rocket + motor destruction technology and conventional munitions + destruction technology. + (11) The Nevada Test Site can support non-proliferation + experiments in disablement, nuclear forensics, sensors, and + verification and monitoring. + (12) The Nevada Test Site can support treaty-compliant + experiments for stockpile stewardship purposes. + (13) The size and remoteness of the Nevada Test Site make + the Nevada Test Site well-suited for a multitude of activities + associated with the restructuring of the United States + military. + +SEC. 3. PURPOSES. + + It is the purpose of this Act-- + (1) to ensure full operational readiness of the underground + nuclear testing facilities and infrastructure of the Nevada + Test Site; + (2) to ensure an appropriate level of funds for such + readiness to be maintained; + (3) to create a National Test and Demonstration Center of + Excellence at the Nevada Test Site for the promotion of + disarmament, demilitarization, alternative and renewable energy + sources, the nonproliferation of nuclear weapons, sensor + development, and environmentally sensitive technologies; and + (4) to ensure the availability of the Nevada Test Site, + within appropriate restrictions, for use by private-sector + industries seeking to make use of the inherent qualities that + make the Nevada Test Site the greatest outdoor laboratory in + the world. + +SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. + + (a) Authorization of Appropriations.-- + (1) In general.--The amount referred to in paragraph (2) is + hereby authorized to be appropriated to the Secretary of Energy + for fiscal year 1995 and each fiscal year thereafter to + maintain the operational readiness of the underground nuclear + testing facilities and infrastructure of the Nevada Test Site. + (2) Authorized amount.--The amount referred to in paragraph + (1) is not less than the amount appropriated to the Secretary + of Energy for fiscal year 1992 to maintain the operational + readiness of the underground nuclear testing facilities and + infrastructure of the Nevada Test Site. + (b) Staffing Levels.--During fiscal year 1995 and each fiscal year +thereafter, the Secretary of Energy shall maintain a staffing level at +the Nevada Test Site that the Secretary considers sufficient to carry +out activities under this Act in addition to any other activities +conducted by the Department of Energy at the Nevada Test Site. + (c) Infrastructure Assessments and Activities.--The Secretary of +Energy, through the Nevada Test Site Operations Office, shall carry out +any infrastructure assessments and activities necessary to accommodate +new projects and initiatives at the Nevada Test Site. + +SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. + + (a) Establishment.--There is hereby established within the +Department of Energy a National Test and Demonstration Center of +Excellence (hereafter in this Act referred to as the ``Center''), to be +located at the Nevada Test Site, Nevada. + (b) Purpose.--It shall be the purpose of the Center to promote +disarmament, demilitarization, alternative and renewable energy +sources, the nonproliferation of nuclear weapons, sensor development, +and environmentally sensitive technologies. + (c) Activities Related to Alternative and Renewable Energy +Sources.--The Center shall carry out the following testing and +demonstration activities that are related to alternative and renewable +energy sources: + (1) The characterization of solar and geothermal resources + at the Nevada Test Site. + (2) The development of alternative and renewable energy + sources, including, as a goal of the Center, the development + and completion of two 100-megawatt solar power plants by the + year 2000. + (3) The conduct of a National Alternative-Fueled Vehicles + Program, the objective of which shall be to demonstrate the + regional use of natural gas, electricity, and hydrogen as + vehicle fuels. + (d) Activities Related to Disarmament and Demilitarization.--The +Center shall carry out testing and demonstration activities that are +related to changes occurring in United States military as a result of +the end of the Cold War, including activities-- + (1) that involve the demilitarization of large rocket motor + and conventional ordnance; + (2) that assist in disarmament and demilitarization, + generally; and + (3) that test and demonstrate the nonmilitary application + of technologies and resources the military application of which + has decreased or otherwise changed due to disarmament and + demilitarization. + (e) Activities Related to Nuclear Stockpile Stewardship.--The +Center shall carry out testing and demonstration activities related to +the stewardship of the nuclear stockpile of the United States. Such +activities shall include-- + (1) the conduct of experiments that assist in monitoring + compliance with international agreements on the + nonproliferation of nuclear weapons; + (2) the provision of support to the Department of Energy + nuclear weapons complex; + (3) the conduct of programs for the Department of Energy + and the Department of Defense to develop simulator technologies + for nuclear weapons design and effects, including advanced + hydrodynamic simulators, inertial confinement fusion test + facilities, and nuclear weapons effects simulators (such as the + Decade and Jupiter simulators); and + (4) the conduct of the stockpile stewardship program + established pursuant to section 3138 of the National Defense + Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public + Law 103-160). + (f) Activities Related to Nonproliferation.--The Center shall carry +out experiments related to the non-proliferation of nuclear weapons, +including experiments with respect to disablement, nuclear forensics, +sensors, and verification and monitoring. + (g) Activities Related to Environmental Technologies.--The Center +shall carry out testing and demonstration activities related to the +development of environmental technologies, including-- + (1) the demonstration of technologies concerning the + remediation of toxic and hazardous chemicals; and + (2) the conduct of training activities pertaining to + emergency response to hazardous and toxic accidents and + emergencies. + (h) Other Activities.--The Center may carry out the testing and +demonstration of any other technology which, in the determination of +the Secretary of Energy, is appropriate for testing and demonstration +at the Nevada Test Site. + +SEC. 6. AUTHORIZATION OF APPROPRIATIONS. + + Except as provided in section 4, there is hereby authorized to be +appropriated to the Secretary of Energy for fiscal year 1995 such sums +as may be necessary to carry out this Act.","National Center for Excellence in Research and Development Act of 1994 - Authorizes appropriations to maintain the readiness capability of the underground Nevada Test Site. +Establishes within the Department of Energy a National Test and Demonstration Center of Excellence to be located at such Site. +Directs the Center to carry out activities related to: (1) alternative and renewable energy sources; (2) nuclear stockpile stewardship; (3) disarmament and demilitarization; (4) nonproliferation; and (5) environmental technologies. Authorizes appropriations.",National Center for Excellence in Research and Development Act of 1994," The National Center for Excellence in Research and Development Act of 1994 aims to ensure full operational readiness of the Nevada Test Site's underground nuclear testing facilities and infrastructure. It establishes a National Test and Demonstration Center of Excellence at the site to promote disarmament, demilitarization, alternative and renewable energy sources, nonproliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. The Center will carry out testing and demonstration activities related to alternative energy sources, disarmament and demilitarization, nuclear stockpile stewardship, nonproliferation, and environmental technologies. Appropriate funding is authorized for these purposes." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rebuilding Equity Act of 2013''. + +SEC. 2. REBUILDING EQUITY PROGRAM. + + (a) Establishment of Voluntary Program.-- + (1) Establishment.-- + (A) Payment of closing costs.--The Federal National + Mortgage Association and the Federal Home Loan Mortgage + Corporation (in this Act referred to as the + ``enterprises'') shall each establish a voluntary + program for borrowers described in paragraph (2), under + which the enterprises shall pay $1,000 toward the + closing costs associated with applying for and + receiving the refinancing when the borrower agrees to + refinance into a fully amortizing loan with a term of + not longer than 20 years. + (B) First year of program.--During the 12-month + period that begins on the date of enactment of this + Act, the amount of the closing costs that each + enterprise shall pay under the program shall not vary + based on the term of the mortgage that the borrower + agrees to refinance into. + (C) Subsequent years.-- + (i) Annual recalculation of closing costs + payment.--Upon the expiration of the 12-month + period set forth under subparagraph (B), and + for each of the next two 12-month periods + thereafter, the Director of the Federal Housing + Finance Agency-- + (I) shall adjust the amount of the + portion of the closing costs that each + enterprise will pay under the program-- + (aa) by an amount that + results in such program being + revenue neutral for such 12- + month period; and + (bb) based on economic + conditions generally affecting + the mortgage and housing + markets; and + (II) may adjust the amount of the + closing costs that each enterprise will + pay under the program based on the term + of the mortgage that the borrower + agrees to refinance into. + (ii) Report.--The Director of the Federal + Housing Finance Agency shall report any + adjustments made pursuant to the requirements + of clause (i) to the Chair and Ranking Member + of the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on + Financial Services of the House of + Representatives. + (2) Eligible borrowers.--The program required by paragraph + (1) shall be for any borrower-- + (A) who qualifies for the Home Affordable Refinance + Program carried out by the enterprises; + (B) whose subject property has a loan-to-value + ratio of not less than 105 percent; and + (C) who refinances from a loan with an original + term of 30 years to a loan with a term of 20 years or + less. + (b) Sunset.--Each voluntary program under this section shall +terminate on the date that is 3 years after the date of establishment +of such program. + (c) Definitions.--As used in this section, the following +definitions shall apply: + (1) Loan-to-value ratio.--The term ``loan-to-value ratio'' + means the ratio of the amount of the primary mortgage on a + property to the value of that property. + (2) Closing costs.--The term ``closing costs''-- + (A) means all reasonable and actual costs charged + to the borrower by a third party to the refinancing + transaction; + (B) includes-- + (i) appraisal and inspection fees; + (ii) fees associated with obtaining a + borrower's credit report; + (iii) title insurance and title examination + costs; + (iv) attorneys' fees associated with + closing the transaction, other than attorneys' + fees associated with disputes arising out of + the transaction or otherwise ancillary to + closing the transaction; + (v) document preparation costs, if + completed by a third party not controlled by + the lender; + (vi) transfer stamps, recording fees, + courier fees, wire transfer fees, and + reconveyance fees; and + (vii) test and certification fees; and + (C) does not include any costs charged to the + borrower by the lender, including-- + (i) lender application fees; and + (ii) lender origination fees.","Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105%, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less.",Rebuilding Equity Act of 2013," The Rebuilding Equity Act of 2013 aims to establish a voluntary program for borrowers who qualify for the Home Affordable Refinance Program carried out by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (Fannie Mae and Freddie Mac). Under this program, these enterprises will pay $1,000 toward closing costs for borrowers who agree to refinance into a fully amortizing loan with a term of not longer than 20 years. The program will be in effect for three years, after which it will terminate. The closing costs paid by the enterprises will be adjusted annually based on economic conditions and mortgage market trends." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hurricane Katrina Employment and +Training Assistance Act''. + +SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO + HURRICANE KATRINA. + + (a) Use of Grants for Projects Outside Disaster Area.--Funds +provided to States that submit applications for assistance described in +section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. +2918(a)(2)) to address the effects of Hurricane Katrina may be used to +provide disaster relief employment and other assistance under section +173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide +assistance in areas outside of the disaster area (as such term is +defined in section 173(a)(2) of such Act). + (b) Expanded Eligibility for Disaster Relief Employment.--Funds +provided to States that submit applications for assistance described in +section 173(a)(2) of the Workforce Investment Act of 1998 to address +the effects of Hurricane Katrina may be used to provide disaster relief +employment and other assistance under section 173(d)(1) of such Act, or +public sector employment authorized under subsection (c) of this Act, +to individuals who were unemployed at the time of the emergency or +major disaster involved and to individuals who are without employment +history, in addition to individuals described in section 173(d)(2) of +the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)). + (c) Authorization for General Public Sector Employment.--Funds +provided to States that submit applications for assistance described in +section 173(a)(2) of the Workforce Investment Act of 1998 to address +the effects of Hurricane Katrina may be used to provide to eligible +individuals temporary employment by public sector entities for a period +not to exceed 6 months in addition to disaster relief employment +described in section 173(d)(1) of such Act. + (d) Extension of the Duration of Disaster Relief Employment.--The +Secretary of Labor may extend the 6-month maximum duration of +employment under this Act and under section 173(d) of the Workforce +Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an +additional 6 months due to extraordinary circumstances. + (e) Priority for Disaster Relief Employment Funds.--In awarding +national emergency grants to States under section 173(a)(2) of the +Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the +effects of Hurricane Katrina by providing disaster relief employment, +the Secretary of Labor shall-- + (1) first, give priority to States in which areas that have + suffered major disasters (as defined in section 102 of the + Robert T. Stafford Disaster Relief and Emergency Assistance Act + (42 U.S.C. 5122)) are located; and + (2) second, give priority to the remaining States that have + been most heavily impacted by the demand for services by + workers affected by Hurricane Katrina. + (f) Documentation.--In providing disaster relief employment under +section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. +2918(a)(2)), an entity shall not deny such employment to a worker +affected by Hurricane Katrina because of the worker's inability, due to +the effects of Hurricane Katrina, to provide at the time of application +appropriate documentation of eligibility under section 173(d)(2) of +such Act (29 U.S.C. 2918(d)(2)). + (g) Eligibility for Needs-Related Payments.--Funds provided to +States that submit applications for asisstance described in section +173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. +2918(a)(2)) to address the effects of Hurricane Katrina may be used to +provide needs-related payments (described in section 134(e)(3) of such +Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) +who do not qualify for (or have ceased to qualify for) unemployment +compensation, and who are not employed on a project described under +section 173(d) of such Act, for the purpose of enabling such +individuals to participate in activities described in paragraphs (2), +(3), or (4) of section 134(d) of such Act. + (h) Use of Available Funds.--With the approval of the Secretary of +Labor, any State may use funds that remain available for expenditure +under any grants awarded to the State under section 173 of the +Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this +section, to provide any assistance authorized under such section 173 or +this section, or personal protective equipment not otherwise available +through public funds or private contributions, to assist workers +affected by Hurricane Katrina, including workers who have relocated +from areas for which an emergency or major disaster (as defined in +section 102 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of +Hurricane Katrina. + (i) Expanded Eligibility for Employment and Training Activities.-- + (1) In general.--In awarding national emergency grants + under section 173(a)(1) of the Workforce Investment Act of 1998 + (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to + an entity to provide employment and training assistance + available under section 173(a)(1) of such Act to workers + affected by Hurricane Katrina, including workers who have + relocated from areas for which an emergency or major disaster + (as defined in section 102 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5122)) was + declared, due to the effects of Hurricane Katrina. + (2) Eligible entity.--In this subsection, the term + ``entity'' means a State, a local board (as defined in section + 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), + or an entity described in section 166(c) of such Act (29 U.S.C. + 2911(c)), that submits an application for assistance described + in section 173(a)(1) of the Workforce Investment Act of 1998 to + address the effects of Hurricane Katrina. + +SEC. 3. SENSE OF CONGRESS. + + (a) Mobile One-Stop Centers.--It is the sense of Congress that +States that operate mobile one-stop centers, established as part of +one-stop delivery systems authorized under subtitle B of title I of the +Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where +possible, make such centers available for use in the areas affected by +Hurricane Katrina, and areas where large numbers of workers affected by +Hurricane Katrina have been relocated. + (b) Expanded Operational Hours.--It is the sense of Congress that +one-stop operators (as such term is defined in section 101 of the +Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase +access for workers affected by Hurricane Katrina to the one-stop +delivery systems authorized under subtitle B of title I of such Act, +including through the implementation of expanded operational hours at +one-stop centers and on-site services for individuals in temporary +housing locations.","Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. + +Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. + + Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. + + Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. + + Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. + + Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. + + Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. + + (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.",A bill to provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina.," The Hurricane Katrina Employment and Training Assistance Act aims to provide disaster relief employment and other assistance to those affected by Hurricane Katrina. Funds provided to states can be used for projects outside the disaster area, expand eligibility for disaster relief employment, and provide temporary public sector employment. The duration of disaster relief employment can be extended due to extraordinary circumstances. Priority is given to states with major disasters and those heavily impacted by Hurricane Katrina. Workers affected by Hurricane Katrina are not denied employment due to their inability to provide documentation at the time of application. Funds can be used for needs-related payments for individuals who do not qualify for unemployment compensation or are not employed on a project described under section 173(d) of the Workforce Investment Act of 1998. States can use remaining funds for assistance authorized under the Act or personal protective equipment for workers affected by Hurricane Katrina. The Act also expresses the sense of Congress that states with mobile one-stop centers should make them available for use in areas affected by Hurricane Katrina and areas where large numbers of workers have been relocated. One-stop operators should increase access for workers affected by Hurricane Katrina through expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations." +"SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN + CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. + + (a) In General.--(1) Subchapter III of chapter 72 of title 38, +United States Code, is amended by adding at the end the following: +``Sec. 7287. Legal assistance for certain veterans in Court + proceedings; use of funds for assistance + ``(a)(1) The Court may, in accordance with this section, provide +funds (in advance or by way of reimbursement) to nonprofit +organizations, under such terms and conditions consistent with this +section as the Court considers appropriate, in order to permit such +organizations to provide financial assistance by grant or contract to +such legal assistance entities as the organizations consider +appropriate for purposes of permitting such entities to carry out +programs described in subsection (b). + ``(2) Notwithstanding any other provision of law, if the Court +determines that there exists no nonprofit organization that would be an +appropriate recipient of funds under this section for the purposes +referred to in paragraph (1) and that it is consistent with the mission +of the Court, the Court may provide financial assistance, by grant or +contract, directly to such legal assistance entities as the Court +considers appropriate for purposes of permitting such entities to carry +out programs described in subsection (b). + ``(b)(1) A program referred to in subsection (a) is any program +under which a legal assistance entity utilizes financial assistance +under this section to provide assistance or carry out activities +(including assistance, services, or activities referred to in paragraph +(3)) in order to ensure that individuals described in paragraph (2) +receive, without charge, legal assistance in connection with decisions +to which section 7252(a) of this title may apply or with other +proceedings before the Court. + ``(2) An individual referred to in paragraph (1) is any veteran or +other person who-- + ``(A) is or seeks to be a party to an action before the + Court; and + ``(B) cannot, as determined by the Court or the entity + concerned, afford the costs of legal advice and representation + in connection with that action. + ``(3) Assistance, services, and activities under a program +described in this subsection may include the following for individuals +described in paragraph (2) in connection with proceedings before the +Court: + ``(A) Financial assistance to defray the expenses of legal + advice or representation (other than payment of attorney fees) + by attorneys, clinical law programs of law schools, and + veterans service organizations. + ``(B) Case screening and referral services for purposes of + referring cases to pro bono attorneys and such programs and + organizations. + ``(C) Education and training of attorneys and other legal + personnel who may appear before the Court by attorneys and such + programs and organizations. + ``(D) Encouragement and facilitation of the pro bono + representation by attorneys and such programs and + organizations. + ``(4) A legal assistance entity that receives financial assistance +described in subsection (a) to carry out a program under this +subsection shall make such contributions (including in-kind +contributions) to the program as the nonprofit organization or the +Court, as the case may be, shall specify when providing the assistance. + ``(5) A legal assistance entity that receives financial assistance +under subsection (a) to carry out a program described in this +subsection may not require or request the payment of a charge or fee in +connection with the program by or on behalf of any individual described +in paragraph (2). + ``(c)(1) The Court may, out of the funds appropriated to the Court +for such purpose, provide funds to a nonprofit organization described +in subsection (a)(1), in advance or by way of reimbursement, to cover +some or all of the administrative costs of the organization in +providing financial assistance to legal assistance entities carrying +out programs described in subsection (b). + ``(2) Funds shall be provided under this subsection pursuant to a +written agreement entered into by the Court and the nonprofit +organization receiving the funds. + ``(d) Notwithstanding any other provision of law, a nonprofit +organization may-- + ``(1) accept funds, in advance or by way of reimbursement, + from the Court under subsection (a)(1) in order to provide the + financial assistance referred to in that subsection; + ``(2) provide financial assistance by grant or contract to + legal assistance entities under this section for purposes of + permitting such entities to carry out programs described in + subsection (b); + ``(3) administer any such grant or contract; and + ``(4) accept funds, in advance or by way of reimbursement, + from the Court under subsection (c) in order to cover the + administrative costs referred to in that subsection. + ``(e)(1) Not later than February 1 each year, the Court shall +submit to Congress a report on the funds and financial assistance +provided under this section during the preceding fiscal year. Based on +the data provided the Court by entities receiving such funds and +assistance, each report shall-- + ``(A) set forth the amount, if any, of funds provided to + nonprofit organizations under paragraph (1) of subsection (a) + during the fiscal year covered by the report; + ``(B) set forth the amount, if any, of financial assistance + provided to legal assistance entities pursuant to paragraph (1) + of subsection (a) or under paragraph (2) of that subsection + during that fiscal year; + ``(C) set forth the amount, if any, of funds provided to + nonprofit organizations under subsection (c) during that fiscal + year; and + ``(D) describe the programs carried out under this section + during that fiscal year. + ``(2) The Court may require that the nonprofit organization and +legal assistance entities to which funds or financial assistance are +provided under this section provide the Court with such data on the +programs carried out under this section as the Court determines +necessary to prepare a report under this subsection. + ``(g) For the purposes of this section: + ``(1) The term `legal assistance entity' means a not-for- + profit organization or veterans service organization capable of + providing legal assistance to persons with respect to matters + before the Court. + ``(2) The term `Legal Services Corporation' means the + corporation established under section 1003(a) of the Legal + Services Corporation Act (42 U.S.C. 2996b(a)). + ``(3) The term `nonprofit organization' means the Legal + Services Corporation or any other similar not-for-profit + organization that is involved with the provision of legal + assistance to persons unable to afford such assistance. + ``(4) The term `veterans service organization' means an + organization referred to in section 5902(a)(1) of this title, + including an organization approved by the Secretary under that + section.''. + (2) The table of sections at the beginning of such chapter is +amended by inserting after the item relating to section 7286 the +following new item: + +``7287. Legal assistance for financially needy veterans in Court + proceedings; use of funds for + assistance.''.","Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act. +Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act.","A bill to amend title 38, United States Code, to authorize the provision of financial assistance in order to ensure that financially needy veterans receive legal assistance in connection with proceedings before the United States Court of Veterans Appeals.", This text discusses amendments to Subchapter III of chapter 72 of Title 38 of the United States Code. The amendment aims to provide legal assistance for financially needy veterans involved in Court of Veterans Appeals proceedings. The Court may provide funds to nonprofit organizations to enable them to provide financial assistance to legal assistance entities for programs that ensure veterans receive legal assistance without charge. Legal assistance entities that receive financial assistance must not require payment from individuals who benefit from these programs. The Court is required to submit an annual report to Congress on funds and financial assistance provided under this section. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Critical Infrastructure Protection +Act'' or the ``CIPA''. + +SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND + PREPAREDNESS. + + (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) +is amended-- + (1) in section 2 (6 U.S.C. 101), by inserting after + paragraph (6) the following: + ``(6a) EMP.--The term `EMP' means-- + ``(A) an electromagnetic pulse caused by + intentional means, including acts of terrorism; and + ``(B) a geomagnetic disturbance caused by solar + storms or other naturally occurring phenomena.''; + (2) in title V (6 U.S.C. 311 et seq.), by adding at the end + the following: + +``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION. + + ``The Secretary, or the Secretary's designee, shall, to the extent +practicable-- + ``(1) include in national planning frameworks the threat of + EMP events; and + ``(2) conduct outreach to educate owners and operators of + critical infrastructure, emergency planners, and emergency + response providers at all levels of government of the threat of + EMP events.''; + (3) in title III (6 U.S.C. 181 et seq.), by adding at the + end of the following: + +``SEC. 318. EMP RESEARCH AND DEVELOPMENT. + + ``(a) In General.--In furtherance of domestic preparedness and +response, the Secretary, acting through the Under Secretary for Science +and Technology, and in consultation with other relevant agencies and +departments of the Federal Government and relevant owners and operators +of critical infrastructure, shall, to the extent practicable, conduct +research and development to mitigate the consequences of EMP events. + ``(b) Scope.--The scope of the research and development under +subsection (a) shall include the following: + ``(1) An objective scientific analysis of the risks to + critical infrastructures from a range of EMP events. + ``(2) Determination of the critical national security + assets and vital civic utilities and infrastructures that are + at risk from EMP events. + ``(3) An evaluation of emergency planning and response + technologies that would address the findings and + recommendations of experts, including those of the Commission + to Assess the Threat to the United States from Electromagnetic + Pulse Attack. + ``(4) An analysis of technology options that are available + to improve the resiliency of critical infrastructure to EMP. + ``(5) The restoration and recovery capabilities of critical + infrastructure under differing levels of damage and disruption + from various EMP events.''; and + (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the + end the following: + ``(26)(A) Prepare and submit to the Committee on Homeland + Security of the House of Representatives and the Committee on + Homeland Security and Governmental Affairs of the Senate-- + ``(i) a recommended strategy to protect and prepare + the critical infrastructure of the American homeland + against EMP events, including from acts of terrorism; + and + ``(ii) biennial updates on the status of the + recommended strategy. + ``(B) The recommended strategy shall-- + ``(i) be based on findings of the research and + development conducted under section 318; + ``(ii) be developed in consultation with the + relevant Federal sector-specific agencies (as defined + under Homeland Security Presidential Directive-7) for + critical infrastructures; + ``(iii) be developed in consultation with the + relevant sector coordinating councils for critical + infrastructures; and + ``(iv) include a classified annex as needed. + ``(C) The Secretary may, if appropriate, incorporate the + recommended strategy into a broader recommendation developed by + the Department to help protect and prepare critical + infrastructure from terrorism and other threats if, as + incorporated, the strategy complies with subparagraph (B).''. + (b) Clerical Amendments.--The table of contents in section 1(b) of +such Act is amended-- + (1) by adding at the end of the items relating to title V + the following: + +``Sec. 526. National planning frameworks and education.''; + and + (2) by adding at the end of the items relating to title III + the following: + +``Sec. 318. EMP research and development.''. + (c) Deadline for Recommended Strategy.--The Secretary of Homeland +Security shall submit the recommended strategy required under the +amendment made by subsection (a)(4) by not later than 1 year after the +date of the enactment of this Act. + (d) Report.--The Secretary shall submit a report to Congress by not +later than 180 days after the date of the enactment of this Act +describing the progress made in, and an estimated date by which the +Department of Homeland Security will have completed-- + (1) including EMP (as defined in the amendment made by + subsection (a)(1)) threats in national planning frameworks; + (2) research and development described in the amendment + made by subsection (a)(3); + (3) development of the comprehensive plan required under + the amendment made by subsection (a)(4); and + (4) outreach to educate owners and operators of critical + infrastructure, emergency planners, and emergency response + providers at all levels of government regarding the threat of + EMP events. + +SEC. 3. NO REGULATORY AUTHORITY. + + Nothing in this Act, including the amendments made by this Act, +shall be construed to grant any regulatory authority. + +SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. + + This Act, including the amendments made by this Act, may be carried +out only by using funds appropriated under the authority of other laws. + + Passed the House of Representatives November 16, 2015. + + Attest: + + KAREN L. HAAS, + + Clerk.","(This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA (Sec. 2) Amends the Homeland Security Act of 2002 to define "EMP" to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act. ",CIPA," The Critical Infrastructure Protection Act (CIPA) aims to protect critical infrastructure from electromagnetic pulse (EMP) events, which can be caused by intentional means or natural phenomena such as solar storms. The Act requires the Secretary of Homeland Security to include EMP events in national planning frameworks and conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers about EMP threats. Additionally, the Act mandates research and development to mitigate the consequences of EMP events, as well as the preparation of a recommended strategy to protect critical infrastructure against EMP events. The Act does not grant any regulatory authority or require new appropriations for its implementation." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Gun Show Loophole Closing Act of +2017''. + +SEC. 2. GUN SHOW BACKGROUND CHECK. + + (a) Findings.--The Congress finds that-- + (1) approximately 5,200 traditional gun shows are held + annually across the United States, attracting thousands of + attendees per show and hundreds of Federal firearms licensees + and unlicensed firearms sellers; and + (2) gun shows at which firearms are exhibited or offered + for sale or exchange provide a convenient and centralized + commercial location where criminals and other prohibited + persons obtain firearms without background checks and without + records that enable firearm tracing. + (b) Definitions.--Section 921(a) of title 18, United States Code, +is amended by adding at the end the following: + ``(36) Gun Show.--The term `gun show'-- + ``(A) means any event at which 50 or more firearms are + offered or exhibited for sale, exchange, or transfer, if one or + more of the firearms has been shipped or transported in, or + otherwise affects, interstate or foreign commerce; + ``(B) does not include an offer or exhibit of firearms for + sale, exchange, or transfer by an individual from the personal + collection of that individual, at the private residence of that + individual, if the individual is not required to be licensed + under section 923; and + ``(C) does not include an offer or exhibit of firearms for + sale, exchange, or transfer at events-- + ``(i) where not more than 100 firearms are offered + or exhibited for sale, exchange or transfer; + ``(ii) that are conducted by private, not-for- + profit organizations whose primary purpose is owning + and maintaining real property for the purpose of + hunting activities; and + ``(iii) that are attended only by permanent or + annual dues-paying members of the organizations, and + the members of the immediate families of the dues- + paying members. + ``(37) Gun Show Vendor.--The term `gun show vendor' means a person +who is not licensed under section 923 and who exhibits, sells, offers +for sale, transfers, or exchanges a firearm at a gun show, regardless +of whether or not the person arranges with the gun show operator for a +fixed location from which to exhibit, sell, offer for sale, transfer, +or exchange the firearm.''. + (c) Regulation of Firearms Transfers at Gun Shows.-- + (1) In general.--Chapter 44 of such title is amended by + adding at the end the following: +``Sec. 932. Regulation of firearms transfers at gun shows + ``(a) Registration of Gun Show Operators.--It shall be unlawful for +a person to operate a gun show, unless-- + ``(1) the person has attained 21 years of age; + ``(2) the person (and, if the person is a corporation, + partnership, or association, each individual possessing, + directly or indirectly, the power to direct or cause the + direction of the management and policies of the corporation, + partnership, or association) is not prohibited by subsection + (g) or (n) of section 922 from transporting, shipping, or + receiving firearms or ammunition in interstate or foreign + commerce; + ``(3) the person has not willfully violated any provision + of this chapter or regulation issued under this chapter; + ``(4) the person has registered with the Attorney General + as a gun show operator, in accordance with regulations + promulgated by the Attorney General, and as part of the + registration-- + ``(A) has provided the Attorney General with a + photograph and the fingerprints of the person; and + ``(B) has certified that the person meets the + requirements of subparagraphs (A) through (D) of + section 923(d)(1); + ``(5) the person has not willfully failed to disclose any + material information required, and has not made any false + statement as to any material fact, in connection with the + registration; and + ``(6) the person has paid the Attorney General a fee for + the registration, in an amount determined by the Attorney + General. + ``(b) Responsibilities of Gun Show Operators.-- + ``(1) In general.--It shall be unlawful for a person to + operate a gun show, unless the person-- + ``(A) not later than 30 days before the + commencement of the gun show, notifies the Attorney + General, in writing, of the date, time, duration, and + location of the gun show, and the identity of each + person who will be a gun show vendor at the gun show; + ``(B) before commencement of the gun show-- + ``(i) verifies the identity of each + individual who will be a gun show vendor at the + gun show by examining a valid identification + document (as defined in section 1028(d)(3)) of + the individual containing a photograph of the + individual; and + ``(ii) requires each such individual to + sign-- + ``(I) a ledger, and enter into the + ledger identifying information + concerning the individual; and + ``(II) a notice which sets forth + the obligations of a gun show vendor + under this chapter; and + ``(C) notifies each person who attends the gun show + of the requirements of this chapter, in accordance with + such regulations as the Attorney General shall + prescribe. + ``(2) Recordkeeping.--A person who operates, or has + operated, a gun show shall maintain records demonstrating + compliance with paragraph (1)(B), at such place, for such + period of time, and in such form as the Attorney General shall + require by regulation, or transmit the records to the Attorney + General. + ``(c) Background Check Required Before Transfer of Firearm Between +Unlicensed Persons.--It shall be unlawful for a person who is not +licensed under this chapter to transfer possession of, or title to, a +firearm at, or on the curtilage of, a gun show, to another person who +is not so licensed, or for a person who is not so licensed to receive +possession of, or title to, a firearm at, or on the curtilage of, a gun +show from another person who is not so licensed, unless a licensed +importer, licensed manufacturer, or licensed dealer-- + ``(1) has entered into a separate bound record the make, + model, and serial number of the firearm, and such other + information about the transaction as the Attorney General may + require by regulation; and + ``(2) has notified the prospective transferor and + prospective transferee of the firearm that the national instant + criminal background check system established under section 103 + of the Brady Handgun Violence Prevention Act has provided the + licensee with a unique identification number, indicating that + receipt of the firearm by the prospective transferee would not + violate section 922 of this title or State law. + ``(d) Recordkeeping Requirements.-- + ``(1) In general.--A licensee who provides a notice + pursuant to subsection (c)(2) with respect to the transfer of a + firearm shall-- + ``(A) not later than 10 days after the date of the + transfer, submit to the Attorney General a report of + the transfer, which report shall specify the make, + model, and serial number of the firearm, and contain + such other information and be on such form, as the + Attorney General shall require by regulation, except + that the report shall not include the name of or other + identifying information relating to any person involved + in the transfer who is not licensed under this chapter; + and + ``(B) retain a record of the transfer, including + the same information as would be required if the + transfer were from the inventory of the licensee, as + part of the permanent business records of the licensee. + ``(2) Limitation.--The Attorney General may not impose any + recordkeeping requirement on any gun show vendor by reason of + this section.''. + (2) Penalties.--Section 924(a) of such title is amended by + adding at the end the following: + ``(8)(A) Whoever knowingly violates subsection (a) or (d) of +section 932 shall be fined under this title, imprisoned not more than 5 +years, or both. + ``(B) Whoever knowingly violates subsection (b) or (c) of section +932, shall be-- + ``(i) fined under this title, imprisoned not more than 2 + years, or both; and + ``(ii) in the case of a second or subsequent conviction, + fined under this title, imprisoned not more than 5 years, or + both. + ``(C) In addition to any other penalties imposed under this +paragraph, the Attorney General may, with respect to any person who +knowingly violates any provision of section 932-- + ``(i) if the person is registered pursuant to section + 932(a), after notice and opportunity for a hearing, suspend for + not more than 6 months or revoke the registration of that + person under section 932(a); and + ``(ii) impose a civil fine in an amount equal to not more + than $10,000.''. + (3) Clerical amendment.--The table of contents for such + chapter is amended by adding at the end the following: + +``Sec. 932. Regulation of firearms transfers at gun shows.''. + (d) Inspection Authority.--Section 923(g)(1) of such title is +amended by adding at the end the following: + ``(E) Notwithstanding subparagraph (B) of this paragraph, the +Attorney General may enter during business hours any place where a gun +show operator operates a gun show or is required to maintain records +pursuant to section 932(b)(2), for purposes of examining the records +required by sections 923 and 932 and the inventory of licensees +conducting business at the gun show. The entry and examination shall be +conducted for the purposes of determining compliance with this chapter +by gun show operators and licensees conducting business at the gun +show, and shall not require a showing of reasonable cause or a +warrant.''. + (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- +Section 923(g)(3)(A) of such title is amended by inserting ``or +provides pursuant to section 932(c)(2) notice with respect to,'' after +``sells or otherwise disposes of,''. + (f) Increased Penalties for Serious Recordkeeping Violations by +Licensees.--Section 924(a)(3) of such title is amended to read as +follows: + ``(3)(A) Except as provided in subparagraph (B), any licensed +dealer, licensed importer, licensed manufacturer, or licensed collector +who knowingly makes any false statement or representation with respect +to the information required by this chapter to be kept in the records +of a person licensed under this chapter, or violates section 922(m), +shall be fined under this title, imprisoned not more than 1 year, or +both. + ``(B) If the violation described in subparagraph (A) is in relation +to an offense-- + ``(i) under paragraph (1) or (3) of section 922(b), such + person shall be fined under this title, imprisoned not more + than 5 years, or both; or + ``(ii) under subsection (a)(6) or (d) of section 922, such + person shall be fined under this title, imprisoned not more + than 10 years, or both.''. + (g) Increased Penalties for Violations of Criminal Background Check +Requirements.-- + (1) Penalties.--Section 924(a)(5) of such title is + amended-- + (A) by striking ``subsection (s) or (t) of section + 922'' and inserting ``section 922(t)''; and + (B) by striking ``1'' and inserting ``5''. + (2) Elimination of certain elements of offense.--Section + 922(t)(5) of such title is amended by striking ``and, at the + time'' and all that follows through ``State law''. + (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director +of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at +least 40 additional Industry Operations Investigators for the purpose +of carrying out inspections of gun shows (as defined in section +921(a)(36) of title 18, United States Code). + (i) Report to the Congress.--The Director of the Bureau of Alcohol, +Tobacco, Firearms, and Explosives shall submit biennial reports to the +Congress on how firearms (as defined in section 921(a)(3) of title 18, +United States Code) are sold at gun shows (as defined in paragraph (36) +of such section), how this section is being carried out, whether +firearms are being sold without background checks conducted by the +national instant criminal background check system established under +section 103 of the Brady Handgun Violence Prevention Act, what +resources are needed to carry out this section, and any recommendations +for improvements to ensure that firearms are not sold without the +background checks. + (j) Effective Date.--This section and the amendments made by this +section shall take effect 180 days after the date of enactment of this +Act.","Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill. ",Gun Show Loophole Closing Act of 2017," The ""Gun Show Loophole Closing Act of 2017"" aims to regulate firearms transfers at gun shows by implementing background checks for gun show vendors and operators. The Act defines gun shows as events with 50 or more firearms offered for sale, exchange, or transfer if one or more firearms have been shipped or transported in or otherwise affect interstate or foreign commerce. Gun show vendors are individuals who exhibit, sell, or transfer firearms at gun shows without being licensed under federal law. The Act requires gun show operators to register with the Attorney General and comply with various responsibilities, such as notifying the Attorney General about gun shows, verifying vendors' identities, and notifying attendees about the law. It also prohibits firearm transfers between unlicensed individuals at gun shows unless certain conditions are met, such as involving licensed importers, manufacturers, or dealers who enter transaction details into a bound record and notify the transferor and transferee about background checks. Penalties for violations include fines and imprisonment." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Curecanti National Recreation Area +Boundary Establishment Act of 2010''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Since 1965, the National Park Service has been co- + managing the Curecanti National Recreation Area under + agreements with the Bureau of Reclamation. + (2) The Curecanti National Recreation Area has never been + legislatively established. + (3) Public Law 106-76 directed the National Park Service to + conduct a study to assess the natural, cultural, recreational, + and scenic resources within and surrounding Curecanti National + Recreation Area, and to identify and recommend a variety of + alternatives and tools to protect those resource values and the + character of the land. + (4) The Curecanti National Recreation Area includes an + abundance of natural, historic, and archeological features in a + setting of canyons, pinnacles, cliffs, and mesas, offering the + public opportunities for recreation and reflection within its + scenic landscape. + (5) The National Park Service, in cooperation with the + Bureau of Reclamation, completed the Curecanti Resource + Protection Study/EIS, and prepared a Report to Congress, + October 2009, which recommends that Congress pass enabling + legislation for the National Recreation Area. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Map.--The term ``map'' means the map entitled ``Map to + Establish Curecanti National Recreation Area'', numbered 616/ + 100485, and dated March 5, 2010. + (2) National recreation area.--The term ``national + recreation area'' means the Curecanti National Recreation Area, + established in section 4. + (3) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + +SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO. + + (a) Establishment.--There is established the Curecanti National +Recreation Area in the State of Colorado, as a unit of the National +Park System, consisting of approximately 51,830 acres, as generally +depicted on the map. + (b) Conservation Opportunity Area.--There is established a +conservation opportunity area, consisting of approximately 24,300 +acres, as generally depicted on the map. + (c) Availability of Map.--The map shall be on file and available +for public inspection in the appropriate offices of the National Park +Service. + +SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA. + + (a) In General.--The Secretary shall administer the national +recreation area in accordance with this Act, the cooperative agreements +described in this section, and with laws and regulations generally +applicable to units of the National Park System, including the National +Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1). + (b) Dam, Power Plant, and Reservoir Management and Operations.-- +Nothing in this Act shall affect or interfere with the authority of the +Secretary under-- + (1) the National Reclamation Act (Public Law 57-161; Stat. + 388), as amended and supplemented, to operate the Uncompahgre + Valley Reclamation Project; or + (2) Public Law 84-485, as amended and supplemented, to + operate the Wayne N. Aspinall Unit of the Colorado River + Storage Project. + (c) Cooperative Agreements.-- + (1) In general.--The Secretary may enter into, or modify + existing, management agreements involving the National Park + Service, the Bureau of Reclamation, the Bureau of Land + Management, or the Forest Service to manage Federal lands + within the boundary of the national recreation area. + (2) State lands.--The Secretary may enter into cooperative + management agreements for any lands administered by the State + of Colorado that are within or adjacent to the national + recreation area, pursuant to the cooperative management + authority found in section 802(a) of the National Parks Omnibus + Management Act of 1998 (Public Law 105-391). + (d) Recreational Activities.--The Secretary shall allow boating, +boating-related activities, hunting, and fishing within the national +recreation area in accordance with applicable Federal and State laws. +The Secretary may designate zones where, and establish periods when, no +boating, hunting, or fishing shall be permitted for reasons of public +safety. + (e) Conservation Opportunity Area.--Within the boundaries of the +conservation opportunity area established under this Act, the Secretary +is authorized to acquire lands, or interests in lands, including +conservation easements from willing sellers, and to provide technical +assistance to landowners in order to conserve resources and values +identified as important to the national recreation area on lands that +are outside but adjacent to the national recreation area. + (f) Withdrawal.--Subject to valid existing rights, all Federal +lands within the national recreation area are withdrawn from all forms +of entry, appropriation, or disposal under the public land laws; from +location, entry, and patent under the mining laws; and from disposition +under all laws relating to mineral and geothermal leasing, and all +amendments thereto. + (g) Grazing.-- + (1) State or private lands.--On State or private lands + acquired for the national recreation area on which authorized + grazing is occurring on the date of enactment of this Act, the + Secretary, in consultation with the lessee, may allow the + continuation of grazing on the land by the lessee at the time + of acquisition, subject to applicable law (including + regulations). + (2) Federal land.--Where grazing is allowed on land that is + Federal land on the date of the enactment of this section and + is located within the boundary of the national recreation area, + the Secretary is authorized to allow the continuation of such + grazing unless the Secretary determines that grazing would harm + the resources or values of the national recreation area. + (3) Termination of leases.--Nothing in this section shall + prohibit the Secretary from accepting the voluntary termination + of leases or permits for grazing within the national recreation + area. + +SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT. + + (a) In General.--The Secretary is authorized to acquire from +willing sellers lands, or interests in lands, within the boundary of +the national recreation area or the conservation opportunity area +necessary for effective management of the national recreation area. +Lands acquired within the conservation opportunity area shall be added +to the national recreation area and the boundary of the national +recreation area shall be adjusted accordingly. + (b) Acquisition.--Lands identified in subsection (a) may be +acquired by donation, purchase with donated or appropriated funds, +transfer from another Federal agency, or exchange. Lands or interests +in lands owned by the State of Colorado, or a political subdivision +thereof, may only be acquired by donation or exchange. + (c) Exchanges.--For purposes of management efficiency and expanded +recreational opportunities, the Secretary is authorized to conduct land +exchanges with the Secretary of Agriculture and between the National +Park Service and the Bureau of Land Management. + (d) Transfer of Administrative Jurisdiction.--The Secretary of +Agriculture and the Bureau of Land Management shall transfer, without +consideration, administrative jurisdiction for lands to be added to the +national recreation area, as shown on the map, to the National Park +Service. The boundary of the Gunnison National Forest shall be modified +to reflect the transfer of administrative jurisdiction from the +Secretary of Agriculture. + +SEC. 7. GENERAL MANAGEMENT PLAN. + + (a) In General.--Not later than 3 years after the date on which +funds are made available to carry out this Act, the National Park +Service, in consultation with the Bureau of Reclamation, shall prepare +a general management plan for the national recreation area. + (b) Inclusions.--The general management plan shall include, at a +minimum-- + (1) measures for the preservation of the resources of the + national recreation area; + (2) requirements for the type and extent of development and + use of the national recreation area; + (3) identification of visitor carrying capacities for the + national recreation area; and + (4) opportunities for involvement by the Bureau of + Reclamation, the Bureau of Land Management, the Forest Service, + the State of Colorado, and other local and national entities in + the formulation of educational and recreational programs for + the national recreation area and for developing and supporting + the national recreation area.","Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System. + +Establishes a conservation opportunity area within the Recreation Area. + +Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws. + +Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area.","To establish the boundary of the Curecanti National Recreation Area, and for other purposes."," The Curecanti National Recreation Area Boundary Establishment Act of 2010 establishes the Curecanti National Recreation Area in Colorado as a unit of the National Park System, consisting of approximately 51,830 acres. It also establishes a conservation opportunity area of approximately 24,300 acres. The Act outlines administration responsibilities for the National Park Service and Bureau of Reclamation, as well as cooperative agreements with other agencies. It allows for boating, hunting, and fishing within the recreation area, and authorizes the Secretary to acquire lands or interests in lands within the boundary of the recreation area or conservation opportunity area for effective management. The Act requires the National Park Service to prepare a general management plan for the national recreation area within three years of funds being made available for this purpose." +"SECTION 1. SMALL MANUFACTURERS' COMPUTER HARDWARE AND SOFTWARE TAX + CREDIT IN LIEU OF EXPENSING. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 is amended by adding at the end +the following new section: + +``SEC. 45R. SMALL MANUFACTURERS COMPUTER HARDWARE AND SOFTWARE TAX + CREDIT. + + ``(a) In General.--For purposes of section 38, the small +manufacturers' computer hardware and software credit determined under +this section for the taxable year is the lesser of-- + ``(1) 50 percent of the amount paid or incurred by the + taxpayer during the taxable year for qualified computer + hardware and software property; or + ``(2) $35,000.00. + ``(b) Qualified Computer Hardware and Software Property.--For +purposes of this section, the term `qualified computer hardware and +software property' means any computer hardware and software property +for use in any small manufacturer located in the United States-- + ``(1) the original use of which commences with the + taxpayer; + ``(2) which is property of a character subject to the + allowance for depreciation; and + ``(3) which is placed in service by the taxpayer after the + date of the enactment of this section. + ``(c) Computer Hardware.--For purposes of this section, the term +`computer hardware' includes disk drives, integrated circuits, display +screens, cables, modems, speakers, and printers. + ``(d) Computer Software.--For purposes of this section, the term +`computer software' means programs, programming languages, data that +direct the operations of a computer system or network, enterprise +resource planning software, manufacturing resource planning software, +materials requirements planning software and software designed to +enhance Internet capabilities. + ``(e) Small Manufacturer.--For purposes of this section: + ``(1) In general.--The term `small manufacturer' means-- + ``(A) any unincorporated business, any partnership, + or for-profit corporation; + ``(B) with respect to a taxable year, any which + employed an average of 50 or fewer employees on + business days during the preceding calendar year. For + purposes of the preceding sentence, a preceding + calendar year may be taken into account only if the + small business was in existence throughout such year. + ``(2) Small manufacturers not in existence in preceding + taxable year.--In the case of a small manufacturer which was + not in existence throughout the preceding calendar year, the + determination under paragraph (1) shall be based on the average + number of employees that it is reasonably expected such + employer or sole proprietor will employ on business days in the + current calendar year. + ``(f) Calculation of Number of Employees.--For purposes of +subsection (e), the number of employees of a subsidiary of a wholly +owned corporation includes the employees of-- + ``(1) a parent corporation; and + ``(2) any other subsidiary corporation of that parent + corporation. + ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit +is determined under this section in connection with any expenditure for +any property, the increase in the basis of such property which would +(but for this subsection) result from such expenditure shall be reduced +by the amount of the credit so determined. + ``(h) Termination.--This section shall not apply with respect to +any property placed in service after December 31, 2011.''. + (b) Credit To Be Part of General Business Credit.--Section 38(b) of +such Code is amended by striking ``plus'' at the end of paragraph (34), +by striking the period at the end of paragraph (35) and inserting ``, +plus'', and by adding at the end the following new paragraph: + ``(36) the small manufacturers' computer hardware and + software credit determined under section 45R(a).''. + (c) Denial of Double Benefit.--Section 280C of such Code is amended +by adding at the end the following new subsection: + ``(f) Small Manufacturers Computer Hardware and Software Credit.-- +No deduction shall be allowed for that portion of the expenses +otherwise allowable as a deduction for the taxable year which is equal +to the amount of the credit determined for the taxable year under +section 45R.''. + (d) Allowance of Credit Against Alternative Minimum Tax.-- +Subparagraph (B) of section 38(c)(4) of such Code is amended by +striking ``and'' at the end of clause (vii), by striking the period at +the end of clause (viii) and insert ``, and'', and by inserting after +clause (viii) the following new clause: + ``(ix) the credit determined under section + 45R.''. + (e) Transferability of Credit.--Nothing in any law or rule shall be +construed to limit the transferability, through sale and repurchase +agreements, of the credit allowed by reason of section 45R. + (f) Effective Date.--The amendments made by this section shall +apply to taxable years ending after December 31, 2008.","Amends the Internal Revenue Code to allow certain small manufacturers a tax credit for their computer hardware and software expenses. Limits such credit to the lesser of 50% of such expenses or $35,000. Terminates such credit after 2011.",To amend the Internal Revenue Code of 1986 to provide incentives for improving small manufacturers' computer technology.," This text discusses an amendment to the Internal Revenue Code of 1986 that introduces a new section for small manufacturers' computer hardware and software tax credit (Sec. 45R). The credit is designed to benefit small manufacturers located in the United States who use computer hardware and software for their operations. The credit is calculated as the lesser of 50% of the amount paid for qualified computer hardware and software property or $35,000. The credit is part of the general business credit and is not allowed as a deduction for expenses equal to the credit amount. The amendment applies to taxable years ending after December 31, 2008." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Teenage Pregnancy Reduction Act of +1996''. + +SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE + PREGNANCY. + + (a) In General.--The Secretary of Health and Human Services shall +(directly or through grants or contracts awarded to public or nonprofit +private entities) arrange for the evaluation of a wide variety of +promising programs designed in whole or part to prevent pregnancy in +teenagers, including programs that do not receive grants from the +Federal Government for the operation of the programs. The purpose of +the evaluation shall be the determination of-- + (1) the factors contributing to the effectiveness of the + programs; and + (2) methods for replicating the programs in other + locations. + (b) Participation of Federal Agencies and Private Organizations.-- +In carrying out the evaluation under subsection (a), the Secretary +shall as appropriate-- + (1) provide for the participation of the Director of the + Centers for Disease Control and Prevention, the Director of the + Office of Population Affairs, the Assistant Secretary for + Children and Families, and the Director of the National + Institute of Child Health and Human Development; and + (2) provide for the participation of private organizations, + including the National Campaign to Prevent Teen Pregnancy, a + nonpartisan organization. + (c) Design of Evaluation.--Subject to subsection (d), the Secretary +shall select a design for the evaluation under subsection (a) from +among proposals that-- + (1) provide for the evaluation of programs in various + geographic regions; + (2) with respect to the populations served by the programs, + provide for determining factors that are specific to various + socioeconomic groups and various racial and ethnic minority + groups; + (3) provide for recommendations for future programs + designed to reduce the rate of teen pregnancy; and + (4) meet such criteria as the Secretary may establish. + (d) Measures of Effectiveness.--The Secretary shall define the +measures of effectiveness used in evaluating the programs designed to +reduce the rate of teenage pregnancy, and shall include a variety of +measures of effectiveness in the definition. + (e) Scientific Peer Review.--The Secretary may provide funds for a +proposal pursuant to subsection (a) only if the proposal has been +recommended for approval pursuant to a process of scientific peer +review utilizing one or more panels of experts. Such panels shall +include experts from public entities and from private entities. + (f) Submission of Report to Congress and Secretary.--Not later than +December 1, 1999, the evaluation under subsection (a) shall be +completed and a report describing the findings made in the evaluation +shall be submitted to the Congress and to the Secretary. + (g) Dissemination of Information.--After the submission of the +report under subsection (f), the Secretary shall disseminate the +findings presented in the report. The categories of individuals to whom +the information is disseminated shall include administrators of +prevention programs, public and private entities that provide financial +support to such programs, professional medical associations, entities +providing public health services, entities providing social work +services, and school administrators. + (h) Authorization of Appropriations.--For the purpose of carrying +out this section, there is authorized to be appropriated $3,500,000 for +each of the fiscal years 1997 through 1999. + +SEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS. + + (a) In General.--Not later than 180 days after the completion of +the evaluation under section 2, the Secretary shall (directly or though +grants or contracts awarded to public or nonprofit private entities) +establish an information clearinghouse to be known as the National +Clearinghouse on Teenage Pregnancy Prevention Programs (in this section +referred to as the ``Clearinghouse''). + (b) Functions.--The Clearinghouse shall carry out the following +activities: + (1) Collect, maintain, and disseminate information on + prevention programs, including information on the following: + (A) The state of program development. + (B) All types of prevention programs. + (C) Findings made in the report submitted under + section 2(f). + (2) Develop networks of prevention programs for the purpose + of sharing and disseminating information. + (3) Develop and disseminate materials that provide + technical assistance to public and private entities in + establishing or improving prevention programs. + (4) Participate in activities designed to encourage and + enhance public media campaigns regarding pregnancy in + teenagers. + (5) Such other activities as will assist in the development + and carrying out of activities to reduce pregnancy in + teenagers. + (c) Dissemination to Certain Entities.--The categories of entities +to which the Clearinghouse disseminates information shall include +administrators of prevention programs, public and private entities that +provide financial support to such programs, professional medical +associations, entities providing public health services, entities +providing social work services, and school administrators. + (d) Authorization of Appropriations.--For the purpose of carrying +out this section, there are authorized to be appropriated such sums as +may be necessary for each of the fiscal years 2000 through 2003. + +SEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. + + (a) In General.--In the case of a prevention program that pursuant +to the evaluation under section 2 has been found to be effective, the +Secretary may under this section make not more than one grant to the +entity that operates the program. The purpose of the grant shall be to +assist the entity with the expenses of operating the program. + (b) Authorization of Appropriations.--For carrying out subsection +(a), there is authorized to be appropriated $10,000,000, in the +aggregate, for the fiscal years 2000 through 2003. Such authorization +is in addition to any other authorization of appropriations that is +available for making grants for the operational expenses of prevention +programs. + +SEC. 5. DEFINITIONS. + + (a) Prevention Programs.-- + (1) Rule of construction.--The provisions of this Act apply + with respect to a prevention program without regard to which of + the various programmatic approaches for the prevention of + pregnancy in teenagers (as defined in paragraph (2)) is the + focus of the program. + (2) Programmatic approaches.--For purposes of this Act, the + term ``programmatic approaches'', with respect to prevention + programs, includes advocating abstinence from sexual relations; + providing family planning services (including contraception); + fostering academic achievement; mentoring by adults; providing + employment assistance or job training; providing professional + counseling or peer counseling; providing for recreational or + social events; and any combination thereof. + (b) Other Definitions.--For purposes of this Act: + (1) The term ``prevention program'' means a program for the + prevention of pregnancy in teenagers. + (2) The term ``Secretary'' means the Secretary of Health + and Human Services.","Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation (directly or through grants or contracts) of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. +Mandates establishment (directly or through grants or contracts) of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. +Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations.",Teenage Pregnancy Reduction Act of 1996," The Teenage Pregnancy Reduction Act of 1996 aims to evaluate effective programs for preventing teenage pregnancy, establish a National Clearinghouse on Teenage Pregnancy Prevention Programs, and provide one-time incentive grants for effective prevention programs. The Act requires the Secretary of Health and Human Services to evaluate various programs designed to prevent teenage pregnancy and report findings to Congress. It also mandates the establishment of a National Clearinghouse to collect, maintain, and disseminate information on prevention programs, develop networks for sharing information, provide technical assistance to entities establishing or improving programs, and participate in public media campaigns regarding teenage pregnancy. Finally, the Act allows for one-time incentive grants to entities operating effective prevention programs to assist with operational expenses." +"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."," The Working Waterfront Preservation Act of 2005 aims to protect commercial fishing access by providing grants to eligible entities for projects that provide access to coastal waters in working waterfront areas for commercial fishing and aquaculture industries. Eligible entities include government entities, local governments, nonprofit organizations, or fishing cooperatives within coastal states. Projects can involve acquiring real property or improving existing properties to provide access to these industries. The Secretary of Commerce is responsible for awarding grants based on various factors such as project need, economic significance, community support, and potential threats to commercial fishing. Grants may not exceed 75% of project costs, with the remaining amount provided by the eligible entity. The Act also outlines how grant funds can be used for property purchases, title ownership, and administrative costs. An annual report on eligible projects is required to be submitted to Congress." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``International Tuberculosis Control +Act of 2002''. + +SEC. 2. FINDINGS. + + Congress finds that: + (1) Tuberculosis is a great health and economic burden to + impoverished nations and a health and security threat to the + United States and other industrialized countries. + (2) Tuberculosis kills 2,000,000 people each year (a person + every 15 seconds) and is second only to HIV/AIDS as the + greatest infectious killer of adults worldwide. + (3) Tuberculosis is today the leading killer of women of + reproductive age and of people who are HIV-positive. + (4) One-third of the world's population is currently + infected with the tuberculosis bacterium, including 10,000,000 + through 15,000,000 persons in the United States, and someone in + the world is newly infected with tuberculosis every second. + (5) With 46 percent of tuberculosis cases in the United + States in the year 2000 found in foreign-born persons, as + compared to 24 percent in 1990, it is clear that the only way + to control tuberculosis in the United States is to control it + worldwide. + (6) Left untreated, a person with active tuberculosis can + infect an average of 10 through 15 people in one year. + (7) Pakistan and Afghanistan are among the 22 countries + identified by the World Health Organization as having the + highest tuberculosis burden globally. + (8) More than one-quarter of all adult deaths in Pakistan + are due to tuberculosis, and Afghan refugees entering Pakistan + have very high rates of tuberculosis, with refugee camps, in + particular, being areas where tuberculosis runs rampant. + (9) The tuberculosis and AIDS epidemics are inextricably + linked. Tuberculosis is the first manifestation of AIDS in more + than 50 percent of cases in developing countries and is + responsible for 40 percent or more of deaths of people with + AIDS worldwide. + (10) An effective, low-cost cure exists for tuberculosis: + Directly Observed Treatment Short-course or DOTS. Expansion of + DOTS is an urgent global priority. + (11) DOTS is one of the most cost-effective health + interventions available today. A full course of DOTS drugs + costs as little as US$10 in low-income countries. + (12) Proper DOTS treatment is imperative to prevent the + development of dangerous multidrug resistant tuberculosis (MDR- + TB) that arises through improper or incomplete tuberculosis + treatment. + (13) The Global Fund to fight AIDS, Tuberculosis, and + Malaria is an important new global partnership established to + combat these 3 infectious diseases that together kill 6,000,000 + people a year. Expansion of effective tuberculosis treatment + programs should constitute a major component of Global Fund + investment. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) DOTS.--The term ``DOTS'' or ``Directly Observed + Treatment Short-course'' means the World Health Organization- + recommended strategy for treating standard tuberculosis. + (2) Global alliance for tuberculosis drug development.--The + term ``Global Alliance for Tuberculosis Drug Development'' + means the public-private partnership that brings together + leaders in health, science, philanthropy, and private industry + to devise new approaches to tuberculosis and to ensure that new + medications are available and affordable in high tuberculosis + burden countries and other affected countries. + (3) Global plan to stop tuberculosis.--The term ``Global + Plan to Stop Tuberculosis'' means the plan developed jointly by + the Stop Tuberculosis Partnership Secretariat and Partners in + Health that lays out what needs to be done to control and + eliminate tuberculosis. + (4) Global tuberculosis drug facility.--The term ``Global + Tuberculosis Drug Facility (GDF)'' means the new initiative of + the Stop Tuberculosis Partnership to increase access to high- + quality tuberculosis drugs to facilitate DOTS expansion. + (5) Stop tuberculosis partnership.--The term ``Stop + Tuberculosis Partnership'' means the partnership of the World + Health Organization, donors including the United States, high + tuberculosis burden countries, multilateral agencies, and + nongovernmental and technical agencies committed to short- and + long-term measures required to control and eventually eliminate + tuberculosis as a public health problem in the world. + + SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, + AND ELIMINATION. + + Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. +2151b(c)) is amended by adding at the end the following: + ``(7)(A) Congress recognizes the growing international + problem of tuberculosis and the impact its continued existence + has on those countries that had previously largely controlled + the disease. Congress further recognizes that the means exist + to control and treat tuberculosis by implementing the Global + Plan to Stop Tuberculosis and by adequately investing in newly + created mechanisms, including the Global Tuberculosis Drug + Facility, and that it is therefore a major objective of the + foreign assistance program to control the disease. To this end, + Congress expects the agency primarily responsible for + administering this part-- + ``(i) to coordinate with the World Health + Organization, the Centers for Disease Control, the + National Institutes of Health, and other organizations + with respect to the development and implementation of a + comprehensive tuberculosis control program; and + ``(ii) to set as a goal the detection of at least + 70 percent of the cases of infectious tuberculosis, and + the cure of at least 85 percent of the cases detected, + by December 31, 2005, in those countries classified by + the World Health Organization as among the highest + tuberculosis burden, and by December 31, 2010, in all + countries in which the agency has established + development programs. + ``(B)(i) There is authorized to be appropriated + $200,000,000 for each of the fiscal years 2003 through 2005 for + carrying out this paragraph. + ``(ii) Funds appropriated under this paragraph are + authorized to remain available until expended. + ``(C) In carrying out subparagraph (A), not less than 75 + percent of the amount authorized to be appropriated under + subparagraph (B) shall be expended for antituberculosis drugs, + supplies, patient services, and training in diagnosis and care, + in order to increase directly observed treatment shortcourse + (DOTS) coverage, including funding for the Global Tuberculosis + Drug Facility. + ``(D) In carrying out subparagraph (A), of the amount + authorized to be appropriated under subparagraph (B)-- + ``(i) not less than 10 percent shall be used for + funding of the Global Tuberculosis Drug Facility; + ``(ii) not less than 7.5 percent shall be used for + funding of the Stop Tuberculosis Partnership; and + ``(iii) not less than 2.5 percent shall be used for + funding of the Global Alliance for Tuberculosis Drug + Development. + ``(E) The President shall submit a report to Congress + annually specifying the increases in the number of people + treated and the increases in number of tuberculosis patients + cured through each program, project, or activity receiving + United States foreign assistance for tuberculosis control + purposes.''.","International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease.Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them.Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility.",A bill to amend the Foreign Assistance Act of 1961 to take steps to control the growing international problem of tuberculosis.," The International Tuberculosis Control Act of 2002 aims to address the global health crisis caused by tuberculosis (TB). The Act recognizes that TB is a significant burden on impoverished nations and a security threat to industrialized countries. It highlights that TB is the second leading cause of death worldwide, killing 2 million people annually, and that one-third of the world's population is infected with the bacterium. The Act emphasizes that controlling TB in the United States requires global control due to the high percentage of TB cases among foreign-born individuals in the country. + +The Act defines key terms such as Directly Observed Treatment Short-course (DOTS), Global Alliance for Tuberculosis Drug Development, Global Plan to Stop Tuberculosis, Global Tuberculosis Drug Facility, and Stop Tuberculosis Partnership. It amends Section 104(c) of the Foreign Assistance Act of 1961 to include tuberculosis prevention, treatment, control, and elimination as major objectives of the foreign assistance program. + +The Act sets goals for detecting at least 70% of infectious tuberculosis cases and curing at least 85% of detected cases by December 31, 2005, in high tuberculosis burden countries, and by December 31, 2010, in all countries with established development programs. It authorizes $200 million for each fiscal year from 2003 to 2005 for carrying out these objectives, with at least 75% of the funds allocated for antituberculosis drugs, supplies, patient services, and training in diagnosis and care to increase DOTS coverage. The Act also allocates specific percentages of funds for the Global Tuberculosis Drug Facility, Stop Tuberculosis Partnership, and Global Alliance for Tuberculosis Drug Development. Finally, it requires the President to submit an annual report to Congress on the increases in the number of people treated and cured through each program, project, or activity receiving U.S. foreign assistance for tuberculosis control purposes." +"SECTION 1. SHORT TITLE; FINDINGS. + + (a) Short Title.--This Act may be cited as the ``National Women's +Rights History Project Act of 2005''. + (b) Findings.--Congress finds the following: + (1) The women's rights movement is one of the three great + protest traditions in United States history, sharing that + status with the struggle for racial equality and the labor + movement. + (2) On July 19, 1848, a group of activists including + Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock, + convened the first Women's Rights Convention at Wesleyan Chapel + in Seneca Falls, New York. During the Convention, 68 women and + 32 men signed the Declaration of Sentiments calling for a broad + array of rights for women, including suffrage. + (3) Under the leadership of Elizabeth Cady Stanton and + Susan B. Anthony, the National American Women Suffrage + Association (NAWSA) was formed. NAWSA was instrumental in + securing passage of the 19th amendment, which amended the + Constitution to give women the right to vote. The 19th + amendment was passed by Congress on June 4, 1919, and was + ratified on August 18, 1920. + (4) Susan B. Anthony formed the Equal Rights Association, + refuted ideas that women were inferior to men, and fought for + women's right to vote. She also campaigned for the rights of + women to own property, to keep their own earnings, and to have + custody of their children. In 1900, she persuaded the + University of Rochester to admit women. + (5) In the late 19th and early 20th centuries, the women's + movement expanded to also play a critical role in shaping + policies on economic and social welfare. + +SEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE + OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK. + + Title XVI of Public Law 96-607, which established the Women's +Rights National Historical Park, is amended by inserting after section +1601 (16 U.S.C. 410ll) the following new section: + +``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE. + + ``(a) Finding.--There is an opportunity for the Women's Rights +National Historical Park in Seneca Falls and Waterloo, New York, to +work in partnership with historically and thematically related +properties in the corridor between Syracuse and Rochester, New York, +including the Susan B. Anthony House, to tell the story of the 72-year +fight for women's suffrage. + ``(b) Establishment of Trail Route.--The Secretary of the Interior, +acting through the Director of National Park Service, with concurrence +of the agency having jurisdiction over the relevant roads, is +authorized to designate a vehicular tour route, to be known as the +`Votes for Women History Trail Route', to link properties in the State +of New York that are historically and thematically associated with the +struggle for women's suffrage in the United States. + ``(c) Administration.--The Votes for Women History Trail Route +shall be administered by the National Park Service through the Women's +Rights National Historical Park. + ``(d) Activities.--To facilitate the establishment of the Votes for +Women History Trail Route and the dissemination of information +regarding the Trail Route, the Secretary shall-- + ``(1) produce and disseminate appropriate educational + materials regarding the Trail Route, such as handbooks, maps, + exhibits, signs, interpretive guides, and electronic + information; + ``(2) coordinate the management, planning, and standards of + the auto route in partnership with participating properties, + other Federal agencies, and State and local governments; + ``(3) create and adopt an official, uniform symbol or + device to mark the Votes for Women History Trail Route; and + ``(4) issue guidelines for the use of such symbol or + device. + ``(e) Elements of Trail Route.--The Secretary may designate as an +official stop on the Votes for Women History Trail Route any of the +following properties, subject to the consent of the owner of the +property: + ``(1) All units and programs of Women's Rights National + Historical Park that pertain to the struggle for women's + suffrage. + ``(2) Other Federal, State, local, and privately owned + properties that the Secretary determines have a verifiable + connection to the struggle for women's suffrage. + ``(3) Other governmental and nongovernmental facilities and + programs of an educational, commemorative, research, or + interpretive nature that the Secretary determines to be + directly related to the struggle for women's suffrage. + ``(f) Cooperative Agreements and Memoranda of Understanding.-- + ``(1) Authorized.--To facilitate the establishment of the + Votes for Women History Trail Route and to ensure effective + coordination of the Federal and non-Federal properties + designated as stops along the Trail Route, the Secretary is + authorized to enter into cooperative agreements and memorandums + of understanding with, and provide technical and financial + assistance to, other Federal agencies, the State of New York, + localities, regional governmental bodies, and private entities. + ``(2) Authorization of appropriations.--There are + authorized to be appropriated to the Secretary of the Interior + such sums as are necessary for the period of fiscal year 2006 + through fiscal year 2010 to provide financial assistance to + cooperating entities pursuant to agreements or memorandums + entered into under paragraph (1).''. + +SEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY. + + (a) In General.--The Secretary of the Interior is authorized to +make annual grants to State historic preservation offices for up to 5 +years to assist those State historic preservation offices in surveying, +evaluating, and nominating women's rights history properties to the +National Register of Historic Places. The Secretary shall ensure that +the National Register travel itinerary website, ``Places Where Women +Made History'' is updated to contain the results of the inventory and +links to websites related to places on the inventory when such links +are available. + (b) Eligibility.--When offering grants under subsection (a), the +Secretary shall give priority grants related to properties associated +with the multiple facets of the women's rights movement such as +politics, economics, education, religion, and social and family rights. + (c) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of the Interior to carry out this section +such sums as are necessary for the period of fiscal year 2006 through +fiscal year 2010. + +SEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK. + + (a) In General.--The Secretary of the Interior is authorized to +make matching grants and technical assistance for development of a +network of governmental and nongovernmental entities whose purpose is +to provide interpretive and educational program development of national +women's rights history, including historic preservation. Matching +grants for historic preservation specific to the network may be made +available through State historic preservation offices. The network +shall be managed through a nongovernmental entity, identified by the +Secretary of the Interior through a competitive process. The +nongovernmental managing entity shall work in partnership with the +National Park Service and State historic preservation offices to +coordinate operation of the network. + (b) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of the Interior to carry out this section +such sums as are necessary for the period of fiscal year 2006 through +fiscal year 2010.","National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park (established under prior law). + +Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places; and (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation.","To authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage, and for other purposes."," The National Women's Rights History Project Act of 2005 aims to establish the Votes for Women History Trail Route as a feature of the Women's Rights National Historical Park. This trail route will link properties in New York associated with the struggle for women's suffrage in the United States. The Act also authorizes the Secretary of the Interior to make annual grants to State historic preservation offices for up to five years to assist them in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places. Additionally, the Act authorizes matching grants and technical assistance for the development of a network of governmental and non-governmental entities focused on providing interpretive and educational programs on national women's rights history." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Texas National Forests Improvement +Act of 2000''. + +SEC. 2. CONVEYANCE OF ADMINISTRATIVE SITES, TEXAS NATIONAL FOREST + SYSTEM LANDS. + + (a) Authority To Sell or Exchange.--The Secretary of Agriculture +may convey, by sale or exchange, under such terms and conditions as the +Secretary may prescribe, any and all right, title, and interest of the +United States in and to the following parcels of National Forest System +land (including improvements thereon) located in the State of Texas: + (1) Davy Crockett National Forest, Trinity Ranger Quarters + #066310 (Tract K-2D), located at State Highway 94, Groveton, Texas, + consisting of approximately 3.0 acres, as depicted on the map + entitled ``Trinity Ranger Quarters, Tract K-2D'', dated September + 1, 1999. + (2) Davy Crockett National Forest quarters #066380 (Tract K- + 604), located at 514 Devine Street, Groveton, Texas, consisting of + approximately 0.5 acre, as depicted on the map entitled ``Davy + Crockett National Forest Quarters, Tract K-604'', dated September + 1, 1999. + (3) Sabine National Forest quarters #055250 (Tract S-1391), + located at 706 Cartwright Drive, San Augustine, Texas, consisting + of approximately 0.5 acre, as depicted on the map entitled ``Sabine + National Forest Quarters, Tract S-1391'', dated September 1, 1999. + (4) Sabine National Forest quarters #055400 (Tract S-1389), + located at 507 Planter Drive, San Augustine, Texas, consisting of + approximately 1.5 acres, as depicted on the map entitled ``Sabine + National Forest Quarters, Tract S-1389'', dated September 1, 1999. + (5) Sabine National Forest quarters #077070 (Tract S-1388), + located at State Highway 87, Hemphill, Texas, consisting of + approximately 1.0 acre, as depicted on the map entitled ``Sabine + National Forest Quarters, Tract S-1388'', dated September 1, 1999. + (6) Sabine National Forest quarters #077430 (Tract S-1390), + located at FM Road 944, Hemphill, Texas, consisting of + approximately 2.0 acres, as depicted on the map entitled ``Sabine + National Forest Quarters, Tract S-1390'', dated September 1, 1999. + (7) Old Yellowpine Work Center site, within the Sabine National + Forest, consisting of approximately 1.0 acre, as depicted on the + map entitled ``Old Yellowpine Work Center'', dated September 1, + 1999. + (8) Yellowpine Work Center site, within the Sabine National + Forest, consisting of approximately 9.0 acres, as depicted on the + map entitled ``Yellowpine Work Center'', dated September 1, 1999. + (9) Zavalla Work Center site, within the Angelina National + Forest, consisting of approximately 19.0 acres, as depicted on the + map entitled ``Zavalla Work Center'', dated September 1, 1999. + (b) Authorized Consideration.--As consideration for a conveyance of +land under subsection (a), the recipient of the land, with the consent +of the Secretary, may convey to the Secretary other land, existing +improvements, or improvements constructed to specifications of the +Secretary. + (c) Applicable Law.--Except as otherwise provided in this section, +any conveyance of land under subsection (a) shall be subject to the +laws and regulations applicable to the conveyance and acquisition of +land for the National Forest System. + (d) Cash Equalization.--Notwithstanding any other provision of law, +the Secretary may accept a cash equalization payment in excess of 25 +percent of the value of any parcel of land exchanged under subsection +(a). + (e) Solicitation of Offers.--The Secretary may solicit offers for +the conveyance of land under this section on such terms and conditions +as the Secretary may prescribe. The Secretary may reject any offer made +under this section if the Secretary determines that the offer is not +adequate or not in the public interest. + +SEC. 3. CONVEYANCE OF TEXAS NATIONAL FOREST SYSTEM LAND TO NEW WAVERLY + GULF COAST TRADES CENTER. + + (a) Conveyance Authority.--Subject to the terms and conditions +specified in this section, the Secretary of Agriculture may convey to +the New Waverly Gulf Coast Trades Center (referred to in this section +as the ``Center''), all right, title, and interest of the United States +in and to a parcel of real property (including improvements thereon) +consisting of approximately 57 acres of land located within the Sam +Houston National Forest, Walker County, Texas, as depicted on the map +entitled ``New Waverly Gulf Coast Trades Center'', dated September 15, +1999. A complete legal description of the property to be conveyed shall +be available for public inspection at an appropriate office of the Sam +Houston National Forest and in the Office of the Chief of the Forest +Service. + (b) Consideration.-- + (1) Fair market value.--As consideration for the conveyance + authorized by this section, the Center shall pay to the Secretary + an amount equal to the fair market value of the property, as + determined by an appraisal acceptable to the Secretary and prepared + in accordance with the Uniform Appraisal Standards for Federal Land + Acquisition published by the Department of Justice. + (2) Appraisal cost.--The Center shall pay the cost of the + appraisal of the property. + (3) Time for payment.--The consideration determined under + paragraph (1) shall be paid, at the option of the Center-- + (A) in full not later than 180 days after the date of + conveyance of the property; or + (B) in 7 equal annual installments commencing on January 1 + of the first year beginning after the conveyance and annually + thereafter until the total amount has been paid. + (4) Interest.--Any payment due for the conveyance of property + under this section shall accrue interest, beginning on the date of + the conveyance, at an annual rate of 3 percent on the unpaid + balance. + (c) Release.--Subject to compliance with all Federal environmental +laws prior to conveyance, the Center, upon acquisition of the property +under this section, shall agree in writing to hold the United States +harmless from any and all claims to the property, including all claims +resulting from hazardous materials conveyed on the lands. + (d) Right of Reentry.--At any time before full payment is made for +the conveyance of the property under this section, the conveyance shall +be subject to a right of reentry in the United States if the Secretary +determines that-- + (1) the Center has not complied with the requirements of this + section or the conditions prescribed by the Secretary in the deed + of conveyance; or + (2) the conveyed land is converted to a noneducational or for + profit use. + (e) Alternative Property Disposal Authority.--In the event that the +Center does not contract with the Secretary to acquire the property +described in this section within 18 months of the date of the enactment +of this Act, the Secretary may dispose of the property in the manner +provided in section 2. + +SEC. 4. DISPOSITION OF FUNDS. + + (a) Deposit in Sisk Act Fund.--The Secretary shall deposit the +proceeds of a sale or exchange under this Act in the fund established +under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk +Act). + (b) Use of Proceeds.--Funds deposited under subsection (a) shall be +available to the Secretary, without further appropriation, for-- + (1) the acquisition, construction, or improvement of + administrative facilities for units of the National Forest System + in the State of Texas; or + (2) the acquisition of lands or interests in lands in the State + of Texas. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","Makes proceeds from such conveyances available to the Secretary for: (1) acquisition, construction, or improvement of National Forest System administrative facilities in Texas;or (2) land acquisition in Texas.",Texas National Forests Improvement Act of 2000," The Texas National Forests Improvement Act of 2000 allows for the conveyance or exchange of certain parcels of National Forest System land in Texas by the Secretary of Agriculture. These parcels include Davy Crockett National Forest, Sabine National Forest, Old Yellowpine Work Center site, Yellowpine Work Center site, and Zavalla Work Center site. As consideration for the land, the recipient may convey other land or improvements to the Secretary. The Act also authorizes the conveyance of land to the New Waverly Gulf Coast Trades Center in Walker County, Texas. The Center must pay fair market value for the land, with payment options including full payment within 180 days or seven annual installments. Any payment due shall accrue interest at an annual rate of 3%. The Center must hold the United States harmless from any claims to the property. If the Center does not contract to acquire the property within 18 months, the Secretary may dispose of it as provided in section 2. Proceeds from sales or exchanges under this Act must be deposited in the Sisk Act Fund for use by the Secretary without further appropriation for acquiring or improving administrative facilities for units of the National Forest System in Texas or acquiring lands or interests in Texas." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Chesapeake Bay Program +Reauthorization and Environmental Accountability Act of 2005''. + +SEC. 2. CHESAPEAKE BAY ENVIRONMENTAL ACCOUNTABILITY AND REPORTING + REQUIREMENTS. + + Section 117 of the Federal Water Pollution Control Act (33 U.S.C. +1267) is amended-- + (1) by redesignating subsection (j) as subsection (l); + (2) in subsection (e)(7), by inserting ``by the Federal + Government or a State government'' after ``funded'' each place + it appears; and + (3) by inserting after subsection (i) the following: + ``(j) Environmental Accountability.-- + ``(1) Implementation plan.-- + ``(A) In general.--Not later than 180 days after + the date of enactment of this paragraph, the + Administrator shall complete a plan for achieving the + nutrient and sediment reduction goals described in the + agreement entered into by the Chesapeake Executive + Council entitled `Chesapeake 2000' and dated June 28, + 2000. + ``(B) Inclusions.--The plan shall include-- + ``(i) a timeline identifying-- + ``(I) annual goals for achieving + the overall nutrient and sediment + reduction goals; and + ``(II) the estimated annual costs + of reaching the annual goals identified + under subclause (I); + ``(ii) a description of any measure, + including monitoring or modeling, that the + Administrator will use to assess progress made + toward achieving a goal described in + subparagraph (A) in-- + ``(I) each jurisdictional tributary + strategy basin of the Chesapeake Bay; + and + ``(II) the Chesapeake Bay watershed + as a whole; and + ``(iii) a description of any Federal or + non-Federal activity necessary to achieve the + nutrient and sediment reduction goals, + including an identification of any party that + is responsible for carrying out the activity. + ``(2) Annual tributary health report card.-- + ``(A) In general.--Not later than January 31 of + each year, the Administrator shall publish and widely + circulate a `tributary health report card' to evaluate, + based on monitoring and modeling data, progress made + during the preceding year (including any practice + implemented during the year), and overall progress + made, in achieving and maintaining nutrient and + sediment reduction goals for each major tributary of + the Chesapeake Bay and each separable segment of such a + tributary. + ``(B) Baseline.--The baseline for the report card + (referred to in this paragraph as the `baseline') shall + be the tributary cap load allocation agreement numbered + EPA 903-R-03-007, dated December 2003, and entitled + `Setting and Allocating the Chesapeake Bay Basin + Nutrient and Sediment Loads: The Collaborative Process, + Technical Tools and Innovative Approaches'. + ``(C) Inclusions.--The report card shall include, + for each jurisdictional tributary strategy basin of the + Chesapeake Bay-- + ``(i) an identification of the total + allocation of nutrients and sediments under the + baseline; + ``(ii) the monitored and modeled quantities + of nitrogen, phosphorus, and sediment + reductions achieved during the preceding year, + expressed numerically and as a percentage of + reduction; + ``(iii) a list (organized from least to + most progress made) that ranks the comparative + progress made, based on the percentage of + reduction under clause (ii), by each + jurisdictional tributary strategy basin toward + meeting the annual allocation goal of that + jurisdictional tributary strategy basin for + nitrogen, phosphorus, and sediment; and + ``(iv) to the maximum extent practicable, + an identification of the principal sources of + pollutants of the tributaries, including + airborne sources of pollutants. + ``(D) Use of data; consideration.--In preparing the + report, the Administrator shall-- + ``(i) use monitoring data and data + submitted under paragraph (3)(A); and + ``(ii) take into consideration drought and + wet weather conditions. + ``(3) Actions by states.-- + ``(A) Submission of information.--Not later than + December 31 of each year, each of the States of + Delaware, Maryland, New York, Pennsylvania, Virginia, + and West Virginia and the District of Columbia shall + submit to the Administrator information describing, for + each jurisdictional tributary strategy basin of the + Chesapeake Bay located in the State or District, for + the preceding year-- + ``(i) the nutrient and sediment cap load + allocation of the jurisdictional tributary + strategy basin; + ``(ii) the principal sources of nutrients + and sediment in the jurisdictional tributary + strategy basin, by category; + ``(iii) for each category of pollutant + source, the technologies or practices used to + achieve reductions, including levels of best + management practices implementation and sewage + treatment plant upgrades; and + ``(iv) any Federal, State, or non-Federal + funding used to implement a technology or + practice described in clause (iii). + ``(B) Audit.--Not later than 1 year after the date + of enactment of this subparagraph, and triennially + thereafter, the Inspector General of the Environmental + Protection Agency shall audit the information submitted + by States under subparagraph (A) for accuracy. + ``(C) Failure to act.--The Administrator shall not + make a grant to a State under this Act if the State + fails to submit any information in accordance with + subparagraph (A). + ``(k) Reporting Requirements.-- + ``(1) Office of management and budget.-- + ``(A) Initial report.--Not later than 180 days + after the date of enactment of this subsection, the + Director of the Office of Management and Budget shall + submit to the appropriate committees of the Senate and + the House of Representatives a report describing the + feasibility and advisability of-- + ``(i) combining into a single fund certain + or all funds (including formula and grant + funds) made available to each Federal agency to + carry out restoration activities relating to + the Chesapeake Bay; and + ``(ii) notwithstanding any issue relating + to jurisdiction, distributing amounts from that + fund in accordance with the priority of water + quality improvement activities identified under + the Chesapeake Bay Program. + ``(B) Annual report.--Not later than February 15 of + each year, the Director of the Office of Management and + Budget shall submit to the appropriate committees of + the Senate and the House of Representatives a report + containing-- + ``(i) an interagency crosscut budget that + displays the proposed budget for use by each + Federal agency in carrying out restoration + activities relating to the Chesapeake Bay for + the following fiscal year; and + ``(ii) a detailed accounting of all funds + received and obligated by Federal and State + governments (including formula and grant funds, + such as State revolving loan funds and + agriculture conservation funds) to achieve the + objectives of the Chesapeake Bay Program during + the preceding fiscal year. + ``(2) Environmental protection agency.--Not later than + April 15 of each year, the Administrator, in cooperation with + appropriate Federal agencies, as determined by the + Administrator, shall submit to the appropriate committees of + the Senate and the House of Representatives a report + containing-- + ``(A)(i) an estimate of the reduction in levels of + nutrients and sediments in the Chesapeake Bay and its + tributaries; and + ``(ii) a comparison of each estimated reduction + under clause (i) and the appropriate annual goal + described in the implementation plan under subsection + (j)(1); + ``(B) based on review by the Administrator of the + budget and implementation plans of each Federal agency, + and any tributary strategy of an appropriate State + agency-- + ``(i) an estimate of the reductions in + pollutants likely to occur as a result of each + program of an agency under this section during + the subsequent 1-year and 5-year periods, + including-- + ``(I) an analysis of the success or + failure of each program in achieving + nutrient and sediment reduction; and + ``(II) an estimated timeline during + which a reduction in nutrient and + sediment pollution will occur; and + ``(ii) accounting for other trend data, an + estimate of the actual reduction in the + quantities of nutrients and sediments in the + Chesapeake Bay and its tributaries from all + sources that has occurred over the preceding 1- + year and 5-year periods; and + ``(C) the technical basis and reliability of each + estimate under this paragraph.''. + +SEC. 3. AUTHORIZATION OF APPROPRIATIONS. + + Section 117 of the Federal Water Pollution Control Act (33 U.S.C. +1267) is amended by striking subsection (l) (as redesignated by section +2) and inserting the following: + ``(l) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $50,000,000 for each of fiscal +years 2006 through 2010, to remain available until expended.''.","Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) complete a plan for achieving the nutrient and sediment reduction goals described in the Chesapeake 2000 Agreement; (2) publish and circulate an annual tributary health report card to evaluate progress made in achieving and maintaining nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay; and (3) make annual reports to Congress on nutrient and sediment reduction in the Chesapeake Bay. + +Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator annually on actions taken by such states to achieve nutrient and sediment reductions in the Chesapeake Bay. + +Directs the Office of Management and Budget to report to Congress on the funding of restoration activities in the Chesapeake Bay. + +Increases and extends through FY2010 the authorization of appropriations for the Chesapeake Bay Program.",A bill to amend the Federal Water Pollution Control Act to require environmental accountability and reporting and to reauthorize the Chesapeake Bay Program.," The Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005 aims to improve environmental accountability and reporting requirements for the Chesapeake Bay. It requires the Administrator to complete a plan for achieving nutrient and sediment reduction goals outlined in the Chesapeake 2000 agreement. Additionally, an annual tributary health report card is to be published to evaluate progress made towards achieving nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay. States are required to submit information on nutrient and sediment cap load allocations for each jurisdictional tributary strategy basin. The Office of Management and Budget is tasked with reporting on the feasibility and advisability of combining funds for Chesapeake Bay restoration activities and distributing them based on water quality improvement priorities. The Act authorizes appropriations for carrying out these requirements." +"SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN + AUXILIARY OF THE AIR FORCE. + + (a) In General.--Chapter 909 of title 10, United States Code, is +amended-- + (1) by redesignating section 9442 as section 9443; and + (2) by inserting after section 9441 the following new + section: +``Sec. 9442. Air Force role in management + ``(a) Administrative Responsibility.--In its capacity as a +federally chartered corporation under chapter 403 of title 36 and a +volunteer civilian auxiliary of the Air Force, the Civil Air Patrol +shall be administered by the Chief of Staff of the Air Force, under the +direction of the Secretary of the Air Force. For command, control, and +administrative purposes, the Civil Air Patrol shall have such +organizational elements as are approved by the Secretary of the Air +Force in regulations. + ``(b) Board of Directors.--(1) The Secretary of the Air Force shall +appoint a National Board of Directors for the Civil Air Patrol. The +National Board of Directors shall be composed of the following: + ``(A) General officers of the Air Force, including the Air + Force Reserve and Air National Guard. + ``(B) Senior civilian employees of the Department of the + Air Force. + ``(C) Members appointed from the volunteer Civil Air Patrol + membership. + ``(2) The chairman of the National Board of Directors shall be the +member of the Board who is the senior active duty Air Force officer. +The members of the Board appointed under paragraph (1)(C) may not +exceed a minority of the Board. + ``(c) Executive Direction.--(1) The National Board of Directors +shall appoint for the Civil Air Patrol the following: + ``(A) A National Commander, to be appointed from the + civilian volunteer membership of the Civil Air Patrol. + ``(B) An Executive Director. + ``(C) A Safety Officer. + ``(D) An Inspector General. + ``(2) The Executive Director, Safety Officer, and Inspector General +appointed under paragraph (1) shall report directly to the Secretary of +the Air Force through the National Board of Directors. + ``(3) The Chief of Staff of the Air Force may assign officers and +enlisted members of the Air Force on active duty and civilian employees +of the Department of the Air Force to serve on the staff of the +national headquarters of the Civil Air Patrol. + ``(d) Effect of Appointment or Assignment.--(1) The appointment or +assignment of members of the armed forces or civilian employees under +subsection (b) or (c) is not precluded by any law or regulation +prohibiting active duty members of the armed forces or civilian +employees from participating in the management of non-Federal entities. + ``(2) An officer or enlisted member of the Air Force appointed to +or assigned to duty in a Civil Air Patrol management position specified +in subsection (b) or (c) shall not receive any compensation, other than +the regular military compensation to which the officer or member is +otherwise entitled, as a result of the appointment or assignment. + ``(e) Use of Civil Air Patrol Members and Employees.--(1) The +Executive Director and National Board of Directors may use such Civil +Air Patrol employees and volunteer Civil Air Patrol members as the +Executive Director and National Board of Directors considers necessary +to administer the Civil Air Patrol and to ensure that it is capable of +assisting the Department of the Air Force in the performance of its +noncombat mission. + ``(2) Except as provided in section 9441(c) of this title, a member +of the Civil Air Patrol or an employee of the Civil Air Patrol is not a +Federal employee and is not subject to the provisions of law relating +to Federal employment, including those relating to hours of work, rates +of compensation, leave, unemployment compensation, Federal employee +benefits, ethics, conflicts of interest, and other similar criminal or +civil statutes and regulations governing the conduct of Federal +employees. However, nothing in this paragraph shall constrain the +Secretary of the Air Force from prescribing standards of conduct and +behavior for Civil Air Patrol members and employees. + ``(f) Funds Management.--All funds provided to the Civil Air Patrol +under subsections (b) and (d) of section 9441 of this title, or any +other provision of law, are subject to the requirements of sections +6304 and 6305 of title 31 (commonly known as the Federal Grant and +Cooperative Agreement Act) and the Federal regulations governing the +provision of appropriated funds to private, nonprofit organizations. + ``(g) Relation to Federal Charter.--The powers granted to the Civil +Air Patrol in section 40304 of title 36, including the power to adopt a +constitution, bylaws, and regulations, are subject to the approval of +the Secretary of the Air Force under the authority granted to the +Secretary by this section and are subject to any policies, regulations, +or instructions issued by the Secretary under that authority.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by striking the item relating to section 9442 +and inserting the following new items: + +``9442. Air Force role in management. +``9443. Assistance by other agencies.''.",Provides for the use of Patrol members and employees (not to be considered Federal employees).,"To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol."," This text discusses the role of the Air Force in managing the Civil Air Patrol (CAP), a federally chartered corporation and volunteer civilian auxiliary of the Air Force. The Chief of Staff of the Air Force is responsible for administering CAP under the direction of the Secretary of the Air Force. The Secretary appoints a National Board of Directors for CAP, which is composed of Air Force officers, senior civilian employees of the Department of the Air Force, and members appointed from CAP's volunteer membership. The National Board appoints a National Commander, an Executive Director, a Safety Officer, and an Inspector General for CAP. The Executive Director, Safety Officer, and Inspector General report directly to the Secretary of the Air Force through the National Board. The appointment or assignment of military personnel or civilian employees to CAP management positions does not violate any laws or regulations prohibiting active duty members or civilian employees from participating in the management of non-Federal entities. CAP members or employees are not considered Federal employees and are not subject to Federal employment laws. Funds provided to CAP are subject to Federal Grant and Cooperative Agreement Act requirements and Federal regulations governing the provision of appropriated funds to private, nonprofit organizations." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Healthy Schools Partnerships Act of +2010''. + +SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM. + + Section 18 of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1769) is amended by adding at the end the following: + ``(j) Healthy Schools Partnerships Demonstration Program.-- + ``(1) Definition of eligible entity.--In this section, the + term `eligible entity' means a school food authority that + demonstrates that the school food authority has collaborated, + or will collaborate, with 1 or more local partner organizations + (including academic experts, registered dietitians or other + nutrition professionals, community partners, or non-profit + organizations) to achieve the purposes described in paragraph + (2). + ``(2) Purposes.--The purposes of the demonstration project + established under this subsection are-- + ``(A) to assist schools in improving the + nutritional standards of school meals and the overall + school environment; and + ``(B) to use local resources and expertise to + promote collaborations and develop sustainable and + replicable models for making systemic changes that + promote good nutrition and healthy living among + students. + ``(3) Establishment.--The Secretary shall establish a + demonstration project under which the Secretary shall make + grants to eligible entities to fund collaborations of academic + experts, nonprofit organizations, registered dietitians or + other nutrition professionals, community partners, and local + schools to test and evaluate innovative models to improve + nutrition education, student decisionmaking, and healthy school + environments. + ``(4) Application.-- + ``(A) In general.--An eligible entity shall submit + to the Secretary an application at such time, in such + manner, and containing such information as the + Secretary may require. + ``(B) Contents.--In addition to any other + requirements of the Secretary, each application shall-- + ``(i) identify the 1 or more problems that + the eligible entity will address; + ``(ii) identify the activity that the grant + will be used to fund; + ``(iii) describe the means by which the + activity will improve the health and nutrition + of the school environment; + ``(iv) list the partner organizations that + will participate in the activity funded by the + grant; and + ``(v) describe the metrics used to measure + success in achieving the stated goals. + ``(5) Priority.--In making grants under this subsection, + the Secretary shall give priority to eligible entities that + demonstrate-- + ``(A) a severe need to improve the school + environment, as demonstrated by high numbers of + students receiving free or reduced price lunches, high + levels of obesity or other indicators of poor health + status, and health disparities in the community served + by the school; + ``(B) a commitment by community partners to make + in-kind or cash contributions; and + ``(C) the ability to measure results. + ``(6) Use of funds.--An eligible entity shall use a grant + received under this subsection-- + ``(A) to assess the problem of childhood obesity + and poor nutrition in the school environment; + ``(B) to develop an innovative plan or intervention + to address specific causes of the problem in + coordination with outside partners, including by + developing and testing innovative models to improve + student health and nutrition as measured by-- + ``(i) changes that result in healthier + school environments, including more nutritious + food being served in cafeterias and available a + la carte; + ``(ii) increased nutrition education; + ``(iii) improved ability of students to + identify healthier choices; + ``(iv) changes in attitudes of students + towards healthier food; + ``(v) student involvement in making school + environments healthier; + ``(vi) increased access to physical + activity, physical education, and recess; + ``(vii) professional development and + continuing education opportunities for school + administrators, teachers, and school nurses; + and + ``(viii) changes in school policies that + promote access to healthier food and physical + activity; + ``(C) to implement the plan or intervention in + partnership with outside partners; + ``(D) to measure and evaluate effectiveness of the + intervention; or + ``(E) to assess the sustainability and + replicability of this model. + ``(7) Authorization of appropriations.--There is authorized + to be appropriated to carry out this subsection $2,000,000 for + each of fiscal years 2011 through 2015.''.","Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. + +Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment; (2) a commitment by community partners to make in-kind or cash contributions; and (3) the ability to measure results.",A bill to amend the Richard B. Russell National School Lunch Act to establish a demonstration project to promote collaborations to improve school nutrition.," The Healthy Schools Partnerships Act of 2010 aims to improve the nutritional standards of school meals and promote healthy living among students through a demonstration project. The project will provide grants to eligible entities, such as school food authorities collaborating with local partner organizations, to test and evaluate innovative models for nutrition education, student decision-making, and healthy school environments. Priority will be given to entities with high numbers of students receiving free or reduced price lunches, high levels of obesity or other health indicators, and health disparities in their community. The project will be funded with $2 million per year for fiscal years 2011 through 2015." +"SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO + ENHANCE HOMELAND SECURITY. + + (a) Establishment of Program.--The Office of Federal Procurement +Policy Act (41 U.S.C. et seq.) is amended by adding at the end the +following new section: + +``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE + HOMELAND SECURITY. + + ``(a) Establishment of Program.--The Administrator shall establish +and promote a Governmentwide program to encourage and recognize +contractor innovation and excellence in facilitating the defense of the +United States against, or recovery from, terrorism or nuclear, +biological, chemical, or radiological attack. + ``(b) Issuance of Agency Announcements Seeking Innovative +Solutions.--Under the program, the Administrator, in consultation with +the Director of the Office of Homeland Security, the Associate Director +for Information Technology and E-Government of the Office of Management +and Budget, and the Secretaries of Defense, Energy, Commerce, +Transportation, and the Treasury, shall issue agency announcements +seeking unique and innovative solutions to advance the defense of the +United States against, or recovery from, terrorism or nuclear, +biological, chemical, or radiological attack. + ``(c) Multiagency Technical Assistance Team.--(1) The +Administrator, in consultation with the individuals described in +subsection (b), shall convene a multiagency technical assistance team +to assist in screening proposals submitted to the Administrator to +provide unique and innovative solutions to advance the defense of the +United States against, or recovery from, terrorism or nuclear, +biological, chemical, or radiological attack. The team shall be +composed of employees of the participating agencies who have expertise +in scientific and technical disciplines that would facilitate the +assessment of the feasibility of the proposals. + ``(2) The technical assistance team shall-- + ``(A) assess the feasibility, scientific and technical + merits, and estimated cost of each proposal; and + ``(B) submit each proposal, and the assessment of the + proposal, to each executive agency whose mission most coincides + with the subject matter of the proposal. + ``(3) The technical assistance team shall not consider or evaluate +proposals submitted in response to a solicitation for offers for a +pending procurement or for a specific agency requirement. + ``(d) Monetary Awards for Innovative Solutions.--(1) Under the +program carried out under this section, the Administrator shall provide +monetary awards in recognition of unique and innovative solutions with +the potential to significantly advance the defense of the United States +against, or recovery from, terrorism or nuclear, biological, chemical, +or radiological attack. + ``(2) The Administrator shall use a competitive process to select +recipients of monetary awards under this subsection which shall include +the widely advertised solicitation (including the agency announcements +described in subsection (b)) of descriptive submissions on technology +developments and prototypes, the substance of which are not otherwise +available to the United States. The Administrator shall work with the +multiagency technical assistance team described in subsection (c) in +carrying out the competitive selection process. + ``(3) An award made under this subsection may not exceed $20,000. +The total amount of awards made under this subsection in a fiscal year +may not exceed $500,000. + ``(4) At least one quarter of the total amount awarded under this +subsection during a fiscal year shall be awarded to small business +concerns, within the meaning of such term as used in the Small Business +Act (15 U.S.C. 632 et seq.).''. + (b) Clerical Amendment.--The table of contents at the beginning of +such Act is amended by adding at the end the following new item: + +``Sec. 40. Program to encourage innovative solutions to enhance + homeland security.''. + +SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. + + (a) Pilot Program.--The Administrator of the Office of Federal +Procurement Policy shall, in consultation with the Assistant to the +President for Homeland Security, establish a pilot program under which +the Secretaries of Defense, Energy, Commerce, Transportation, and the +Treasury may-- + (1) test the innovative use of streamlined acquisition + authorities and procedures authorized by law, with emphasis on + provisions authorizing the rapid acquisition of goods and + services; and + (2) test the feasibility of rapidly entering into contracts + with private entities to carry out immediate solutions to key + homeland security needs using, to the maximum extent + practicable, commercial, off-the-shelf items and commercially + available services. + (b) Use of Streamlined Acquisition Authorities.--Under the pilot +program, the head of an executive agency referred to in subsection (a) +shall, if appropriate, use streamlined acquisition authorities and +procedures authorized by law, including authorities and procedures that +are provided under the following provisions: + (1) In title III of the Federal Property and Administrative + Services Act of 1949: + (A) Paragraphs (1), (2), (6), and (7) of subsection + (c) of section 303 (41 U.S.C. 253), relating to use of + procedures other than competitive procedures under + certain circumstances (subject to subsection (e) of + such section). + (B) Section 303J (41 U.S.C. 253j), relating to + orders under task and delivery order contracts. + (2) In chapter 137 of title 10, United States Code: + (A) Paragraphs (1), (2), (6), and (7) of subsection + (c) of section 2304, relating to use of procedures + other than competitive procedures under certain + circumstances (subject to subsection (e) of such + section). + (B) Section 2304c, relating to orders under task + and delivery order contracts. + (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of + the Office of Federal Procurement Policy Act (41 U.S.C. + 416(c)), relating to inapplicability of a requirement for + procurement notice. + (c) Waiver of Requirements.--(1) To carry out the pilot program +under this section, the head of an agency may waive-- + (A) any provision of the Federal Acquisition Regulation + that is not required by statute; and + (B) any provision of the Federal Acquisition Regulation + that is required by a provision of law described in paragraph + (2), the waiver of which the head of the agency determines in + writing to be necessary to carry out the pilot program. + (2) The provisions of law referred to in paragraph (1) are as +follows: + (A) Section 18 of the Office of Federal Procurement Policy + Act (41 U.S.C. 416). + (B) Subsections (e), (f), and (g) of section 8 of the Small + Business Act (15 U.S.C. 637). + (d) Limitations.--(1) The head of an agency authorized to +participate in the pilot program may carry out not more than one +project under the program and may enter into not more than three +contracts to carry out the project. + (2) A project carried out under this section shall be approved by +the Administrator in consultation with the Assistant to the President +for Homeland Security and the multiagency technical assistance team +established under section 40(c) of the Office of Federal Procurement +Policy Act (as added by section 1). + (e) Criteria for Evaluating Results.--The head of an agency +participating in the pilot program under this section shall establish +measurable mission-related criteria for evaluating the results of a +project under the program. Such agency head shall, as soon as +practicable after the completion of the project, report to the +Administrator on the lessons learned from the project. The +Administrator shall share the results of, and reports on, all the +projects carried out under this section with the heads of other +agencies that carry out responsibilities with respect to homeland +security. + (f) Prohibition Against Discrimination Against Small Business +Concerns.--This section shall be applied in a manner that does not +discriminate against small business concerns (within the meaning of +such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or +any type of small business concern.","Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.","To amend the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security, and for other purposes."," This text discusses two programs aimed at enhancing homeland security through innovative solutions. The first program is an amendment to the Office of Federal Procurement Policy Act, which establishes a government-wide program to encourage contractor innovation and excellence in facilitating defense against terrorism or nuclear, biological, chemical, or radiological attacks. This program includes agency announcements seeking unique solutions, a multiagency technical assistance team to screen proposals, and monetary awards for innovative solutions with potential to significantly advance homeland security. + +The second program is a pilot program that encourages the use of streamlined acquisition authorities and procedures for rapid acquisition of goods and services to address immediate homeland security needs using commercial off-the-shelf items and commercially available services. This program allows for waivers of certain requirements and establishes measurable mission-related criteria for evaluating project results." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Reconnecting Congress with America +Act of 2011''. + +SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO + FEDERAL BUDGET DEFICIT. + + (a) Determination of Salaries.--The annual rate of pay for a Member +of Congress (including a Delegate or Resident Commissioner to the +Congress) for pay periods occurring in a calendar year shall be equal +to the following: + (1) If, with respect to the most recent fiscal year ending + before that calendar year, the Federal deficit was equal to or + greater than 3 percent of the gross domestic product, 80% of + the base rate applicable to the Member. + (2) If, with respect to the most recent fiscal year ending + before that calendar year, the Federal deficit was less than 3 + percent of the gross domestic product, 90% of the base rate + applicable to the Member. + (3) If, with respect to the most recent fiscal year ending + before that calendar year, there was no Federal deficit, 100% + of the base rate applicable to the Member. + (b) Federal Deficit.-- + (1) Definition.--For purposes of this section, the term + ``Federal deficit'' means, with respect to a fiscal year, the + amount by which outlays of the Federal Government exceeded + receipts of the Government for that fiscal year. + (2) Report by secretary of the treasury.--Not later than 30 + days after the end of each fiscal year (beginning with fiscal + year 2011), the Secretary of the Treasury shall-- + (A) make a determination of the gross domestic + product for that fiscal year; + (B) make a determination of whether a Federal + deficit existed with respect to that fiscal year, and, + if so, the amount of such Federal deficit; and + (C) submit a report of such determinations to + Congress. + (c) Base Rate.--For purposes of this section, the ``base rate'' +applicable to a Member of Congress means-- + (1) in the case of the Speaker of the House of + Representatives, $223,500; + (2) in the case of the President pro tempore of the Senate, + the majority leader and the minority leader of the Senate, and + the majority leader and the minority leader of the House of + Representatives, $193,400; and + (3) in the case of any other Member of Congress, $174,000. + (d) Conforming Amendment.--Section 601(a) of the Legislative +Reorganization Act of 1946 (2 U.S.C. 31) is repealed. + (e) Effective Date.-- + (1) In general.--This section and the amendments made by + this section shall apply with respect to pay periods occurring + on or after January 1, 2013. + (2) Sense of congress regarding voluntary return of + salary.--It is the sense of Congress that, during pay periods + occurring after the date of enactment of this Act and prior to + the date referred to in paragraph (1), each Member of Congress + should voluntarily adjust the amount of the Member's salary to + reflect the annual rates of pay that will take effect on such + date. + +SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS. + + (a) Civil Service Retirement System.-- + (1) Member contribution.--Notwithstanding any provision of + subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, + United States Code, for any period beginning on or after date + of enactment of this Act, the contributions payable by a Member + of Congress under such provision for such period shall be equal + to the percentage that would otherwise apply plus 4.9 + percentage points. + (2) Government contribution.--Notwithstanding any provision + of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such + title, for any period beginning on or after date of enactment + of this Act, the contributions payable under such provision for + a Member of Congress shall be equal to the percentage that + would otherwise apply minus 4.9 percentage points. + (b) Federal Employees' Retirement System.-- + (1) Member contribution.--Notwithstanding any provision of + section 8422(a) of title 5, United States Code, for any period + beginning on or after date of enactment of this Act, the + contributions payable by a Member of Congress under such + provision for such period shall be equal to the percentage that + would otherwise apply plus 4.9 percentage points. + (2) Government contribution.--Notwithstanding any provision + of section 8423 of such title, for any period beginning on or + after date of enactment of this Act, the contributions payable + under such provision for a Member of Congress shall be equal to + the percentage that would otherwise apply (disregarding + paragraph (1)) minus 4.9 percentage points. + +SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON + NONPUBLIC INFORMATION RELATING TO CONGRESS. + + (a) Nonpublic Information Relating to Congress and Other Federal +Employees.-- + (1) Commodities transactions.--Section 4c of the Commodity + Exchange Act (7 U.S.C. 6c) is amended by adding at the end the + following: + ``(h) Nonpublic Information Relating to Congress.--Not later than +270 days after the date of enactment of this subsection, the Commission +shall by rule prohibit any person from buying or selling any commodity +for future delivery or swap while such person is in possession of +material nonpublic information, as defined by the Commission, relating +to any pending or prospective legislative action relating to such +commodity if-- + ``(1) such information was obtained by reason of such + person being a Member or employee of Congress; or + ``(2) such information was obtained from a Member or + employee of Congress, and such person knows that the + information was so obtained. + ``(i) Nonpublic Information Relating to Other Federal Employees.-- + ``(1) Rulemaking.--Not later than 270 days after the date + of enactment of this subsection, the Commission shall by rule + prohibit any person from buying or selling any commodity for + future delivery or swap while such person is in possession of + material nonpublic information derived from Federal employment + and relating to such commodity if-- + ``(A) such information was obtained by reason of + such person being an employee of an agency, as such + term is defined in section 551(1) of title 5, United + States Code; or + ``(B) such information was obtained from such an + employee, and such person knows that the information + was so obtained. + ``(2) Material nonpublic information.--For purposes of this + subsection, the term `material nonpublic information' means any + information that an employee of an agency (as such term is + defined in section 551(1) of title 5, United States Code) gains + by reason of Federal employment and that such employee knows or + should know has not been made available to the general public, + including information that-- + ``(A) is routinely exempt from disclosure under + section 552 of title 5, United States Code, or + otherwise protected from disclosure by statute, + Executive order, or regulation; + ``(B) is designated as confidential by an agency; + or + ``(C) has not actually been disseminated to the + general public and is not authorized to be made + available to the public on request.''. + (2) Securities transactions.--Section 10 of the Securities + Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at + the end the following: + ``(d) Nonpublic Information Relating to Congress.--Not later than +270 days after the date of enactment of this subsection, the Commission +shall by rule prohibit any person from buying or selling the securities +or security based swaps of any issuer while such person is in +possession of material nonpublic information, as defined by the +Commission, relating to any pending or prospective legislative action +relating to such issuer if-- + ``(1) such information was obtained by reason of such + person being a Member or employee of Congress; or + ``(2) such information was obtained from a Member or + employee of Congress, and such person knows that the + information was so obtained. + ``(e) Nonpublic Information Relating to Other Federal Employees.-- + ``(1) Rulemaking.--Not later than 270 days after the date + of enactment of this subsection, the Commission shall by rule + prohibit any person from buying or selling the securities or + security based swaps of any issuer while such person is in + possession of material nonpublic information derived from + Federal employment and relating to such issuer if-- + ``(A) such information was obtained by reason of + such person being an employee of an agency, as such + term is defined in section 551(1) of title 5, United + States Code; or + ``(B) such information was obtained from such an + employee, and such person knows that the information + was so obtained. + ``(2) Material nonpublic information.--For purposes of this + subsection, the term `material nonpublic information' means any + information that an employee of an agency (as such term is + defined in section 551(1) of title 5, United States Code) gains + by reason of Federal employment and that such employee knows or + should know has not been made available to the general public, + including information that-- + ``(A) is routinely exempt from disclosure under + section 552 of title 5, United States Code, or + otherwise protected from disclosure by statute, + Executive order, or regulation; + ``(B) is designated as confidential by an agency; + or + ``(C) has not actually been disseminated to the + general public and is not authorized to be made + available to the public on request.''. + (b) Committee Hearings on Implementation.-- + (1) In general.--The Committee on Agriculture of the House + of Representatives shall hold a hearing on the implementation + by the Commodity Futures Trading Commission of subsections (h) + and (i) of section 4c of the Commodity Exchange Act (as added + by subsection (a)), and the Committee on Financial Services of + the House of Representatives shall hold a hearing on the + implementation by the Securities Exchange Commission of + subsections (d) and (e) of section 10 of the Securities + Exchange Act of 1934 (as added by subsection (a)). + (2) Exercise of rulemaking authority.--Paragraph (1) is + enacted-- + (A) as an exercise of the rulemaking power of the + House of Representatives and, as such, shall be + considered as part of the rules of the House, and such + rules shall supersede any other rule of the House only + to the extent that rule is inconsistent therewith; and + (B) with full recognition of the constitutional + right of the House to change such rules (so far as + relating to the procedure in the House) at any time, in + the same manner, and to the same extent as in the case + of any other rule of the House. + +SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS. + + It is the sense of Congress that any law enacted by Congress should +apply to Members of Congress in the same manner and to the same extent +as the law applies to other individuals.","Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit. + +Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress. + +Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). + +Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase. + +Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment. + +Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.","To reduce the salaries of Members of Congress if a Federal budget deficit exists, prohibit commodities and securities trading based on non-public information relating to Congress, and for other purposes."," The ""Reconnecting Congress with America Act of 2011"" aims to reduce congressional salaries based on federal budget deficits, increase retirement contributions for members of Congress, prohibit commodities and securities trading based on nonpublic information related to Congress, and establish that any law enacted by Congress should apply to members in the same manner as it applies to other individuals." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Sport Fish Restoration and +Recreational Boating Safety Act of 2015''. + +SEC. 2. ALLOCATIONS. + + (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish +Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' +and inserting ``58.012 percent''. + (b) In General.--Section 4 of the Dingell-Johnson Sport Fish +Restoration Act (16 U.S.C. 777c) is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``For each'' and all that + follows through ``the balance'' and inserting + ``For each fiscal year through fiscal year + 2020, the balance''; and + (ii) by striking ``multistate conservation + grants under section 14'' and inserting + ``activities under section 14(e)''; + (B) in paragraph (1) by striking ``18.5'' percent + and inserting ``18.673 percent''; + (C) in paragraph (2) by striking ``18.5 percent'' + and inserting ``17.315 percent''; + (D) by striking paragraphs (3) and (4); + (E) by redesignating paragraph (5) as paragraph + (4); and + (F) by inserting after paragraph (2) the following: + ``(3) Boating infrastructure improvement.-- + ``(A) In general.--An amount equal to 4 percent to + the Secretary of the Interior for qualified projects + under section 5604(c) of the Clean Vessel Act of 1992 + (33 U.S.C. 1322 note) and section 7404(d) of the + Sportfishing and Boating Safety Act of 1998 (16 U.S.C. + 777g-1(d)). + ``(B) Limitation.--Not more than 75 percent of the + amount under subparagraph (A) shall be available for + projects under either of the sections referred to in + subparagraph (A).''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in subparagraph (A) by striking ``for + each'' and all that follows through ``the + Secretary'' and inserting ``for each fiscal + year through fiscal year 2020, the Secretary''; + and + (ii) in subparagraph (B)-- + (I) in clause (i) by striking + ``each of fiscal years 2001 and 2002, + $9,000,000;'' and inserting ``fiscal + year 2016, $11,000,000;''; + (II) in clause (ii) by striking + ``2003, $8,212,000; and'' and inserting + ``2017, $11,300,000;''; and + (III) by striking clause (iii) and + inserting the following: + ``(iii) for fiscal year 2018, $11,600,000; + ``(iv) for fiscal year 2019, $11,800,000; + and + ``(v) for fiscal year 2020, $11,900,000.''; + (B) by redesignating paragraph (2) as paragraph + (3); + (C) by inserting after paragraph (1) the following: + ``(2) Set-aside for coast guard administration.-- + ``(A) In general.--From the annual appropriation + made in accordance with section 3, for each of fiscal + years 2016 through 2020, the Secretary of the + department in which the Coast Guard is operating may + use no more than the amount specified in subparagraph + (B) for the fiscal year for the purposes set forth in + section 13107(c) of title 46, United States Code. The + amount specified in subparagraph (B) for a fiscal year + may not be included in the amount of the annual + appropriation distributed under subsection (a) for the + fiscal year. + ``(B) Available amounts.--The available amount + referred to in subparagraph (A) is-- + ``(i) for fiscal year 2016, $7,800,000; + ``(ii) for fiscal year 2017, $7,900,000; + ``(iii) for fiscal year 2018, $8,000,000; + ``(iv) for fiscal year 2019, $8,100,000; + and + ``(v) for fiscal year 2020, $8,200,000.''; + and + (D) in paragraph (3), as so redesignated-- + (i) in subparagraph (A) by striking ``until + the end of the fiscal year.'' and inserting + ``until the end of the subsequent fiscal + year.''; and + (ii) in subparagraph (B) by striking + ``under subsection (e)'' and inserting ``under + subsection (c)''; + (3) in subsection (c)-- + (A) by striking ``(c) The Secretary'' and inserting + ``(c)(1) The Secretary,''; + (B) by striking ``grants under section 14 of this + title'' and inserting ``activities under section + 14(e)''; + (C) by striking ``57 percent'' and inserting + ``58.012 percent''; and + (D) by adding at the end the following: + ``(2) The Secretary shall deduct from the amount to be apportioned +under paragraph (1) the amounts used for grants under section 14(a).''; +and + (4) in subsection (e)(1) by striking ``those subsections,'' + and inserting ``those paragraphs,''. + (c) Submission and Approval of Plans and Projects.--Section 6(d) of +the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is +amended by striking ``for appropriations'' and inserting ``from +appropriations''. + (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the +Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is +amended by striking ``57 percent'' and inserting ``58.012 percent''. + (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish +Restoration Act (16 U.S.C. 777k) is amended-- + (1) by striking ``57 percent'' and inserting ``58.012 + percent''; and + (2) by striking ``under section 4(b)'' and inserting + ``under section 4(c)''. + (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish +Restoration Act (16 U.S.C. 777m) is amended-- + (1) in subsection (a)(1) by striking ``of each annual + appropriation made in accordance with section 3''; and + (2) in subsection (e)-- + (A) in the matter preceding paragraph (1) by + striking ``Of amounts made available under section 4(b) + for each fiscal year--'' and inserting ``Not more than + $1,200,000 of each annual appropriation made in + accordance with the provisions of section 3 shall be + distributed to the Secretary of the Interior for use as + follows:''; and + (B) in paragraph (1)(D) by striking ``; and'' and + inserting a period. + (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 +U.S.C. 777 et seq.) is amended-- + (1) by striking section 15; and + (2) by redesignating section 16 as section 15. + +SEC. 3. RECREATIONAL BOATING SAFETY. + + Section 13107 of title 46, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``(1) Subject to paragraph (2) and + subsection (c),'' and inserting ``Subject to subsection + (c),''; + (B) by striking ``the sum of (A) the amount made + available from the Boat Safety Account for that fiscal + year under section 15 of the Dingell-Johnson Sport Fish + Restoration Act and (B)''; and + (C) by striking paragraph (2); and + (2) in subsection (c)-- + (A) by striking the subsection designation and + paragraph (1) and inserting the following: + ``(c)(1)(A) The Secretary may use amounts made available each +fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish +Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the +Coast Guard for investigations, personnel, and activities directly +related to-- + ``(i) administering State recreational boating safety + programs under this chapter; or + ``(ii) coordinating or carrying out the national + recreational boating safety program under this title. + ``(B) Of the amounts used by the Secretary each fiscal year under +subparagraph (A)-- + ``(i) not less than $2,500,000 is available to ensure + compliance with chapter 43 of this title; and + ``(ii) not more than $1,500,000 is available to conduct a + survey, not more than once every 3 years, of levels of + recreational boating participation and related matters in the + United States.''; and + (B) in paragraph (2)-- + (i) by striking ``No funds'' and inserting + ``On and after October 1, 2015, no funds''; and + (ii) by striking ``traditionally''. + +SEC. 4. ANNUAL ASSESSMENT. + + (a) In General.--On the date on which the President submits to +Congress a budget for fiscal year 2017 and for each fiscal year +thereafter, the Director of the United States Fish and Wildlife Service +shall submit to Congress an assessment of the administrative services +provided by such Service under the Dingell-Johnson Sport Fish +Restoration Act to the States and the sportfishing community. + (b) Contents.--Each assessment under subsection (a) shall include +the following: + (1) The percentage of grant awards and amendments completed + within 45 days after receipt of a complete grant application, + the average number of days to process new grant applications, + and the average number of days to process grant amendment + requests. + (2) Which wildlife and sport fish restoration policies are + currently being updated, the start time for each update, and + the anticipated completion time for each update. + (3) The number of Federal assistance workshops held with + States and such Service in efforts to communicate fiscal + policies and procedures to State agencies. + (4) The average time to respond to requests from States for + assistance, based on initial notification or assistance + requests initiated by a State. + (5) The number of States with unresolved reconciliation of + land records and the number of corrective action plans with + open actions. + (6) The number of employees of such Service with grants + management training and the number of such employees with + outstanding training requirements, and the number of State fish + and wildlife staff who have received training through the + Wildlife and Sport Fish Restoration Fund Program of such + Service. + (7) The number of full-time positions of such Service + filled and vacant, including the associated position titles and + paygrades, that contribute to grant processing and related + grant management in each Service region and at Service + headquarters.","Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the U.S. Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community.",Sport Fish Restoration and Recreational Boating Safety Act of 2015," The Sport Fish Restoration and Recreational Boating Safety Act of 2015 amends the Dingell-Johnson Sport Fish Restoration Act to adjust allocations for various activities related to sport fish restoration and recreational boating safety. It increases the percentage allocated for boating infrastructure improvement and adjusts percentages for other activities such as multistate conservation grants, activities under section 14(e), and set-asides for coast guard administration. The Act also repeals section 15 of the Dingell-Johnson Sport Fish Restoration Act and redesignates section 16 as section 15. Additionally, it amends section 13107 of title 46, United States Code, to allow the Secretary to use amounts made available for payment of expenses related to state recreational boating safety programs and national recreational boating safety program coordination or carrying out. Finally, the Act requires the Director of the United States Fish and Wildlife Service to submit an annual assessment of administrative services provided under the Dingell-Johnson Sport Fish Restoration Act to Congress." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Community-Based Mental Health +Infrastructure Improvements Act''. + +SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT. + + Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) +is amended by adding at the end the following: + + ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS + +``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE + IMPROVEMENTS. + + ``(a) Grants Authorized.--The Secretary may award grants to +eligible entities to expend funds for the construction or modernization +of facilities used to provide mental health and behavioral health +services to individuals. + ``(b) Eligible Entity.--In this section, the term `eligible entity' +means-- + ``(1) a State that is the recipient of a Community Mental + Health Services Block Grant under subpart I of part B of title + XIX and a Substance Abuse Prevention and Treatment Block Grant + under subpart II of such part; or + ``(2) an Indian tribe or a tribal organization (as such + terms are defined in sections 4(b) and 4(c) of the Indian Self- + Determination and Education Assistance Act). + ``(c) Application.--A eligible entity desiring a grant under this +section shall submit to the Secretary an application at such time, in +such manner, and containing-- + ``(1) a plan for the construction or modernization of + facilities used to provide mental health and behavioral health + services to individuals that-- + ``(A) designates a single State or tribal agency as + the sole agency for the supervision and administration + of the grant; + ``(B) contains satisfactory evidence that such + agency so designated will have the authority to carry + out the plan; + ``(C) provides for the designation of an advisory + council, which shall include representatives of + nongovernmental organizations or groups, and of the + relevant State or tribal agencies, that aided in the + development of the plan and that will implement and + monitor any grant awarded to the eligible entity under + this section; + ``(D) in the case of an eligible entity that is a + State, includes a copy of the State plan under section + 1912(b) and section 1932(b); + ``(E)(i) includes a listing of the projects to be + funded by the grant; and + ``(ii) in the case of an eligible entity that is a + State, explains how each listed project helps the State + in accomplishing its goals and objectives under the + Community Mental Health Services Block Grant under + subpart I of part B of title XIX and the Substance + Abuse Prevention and Treatment Block Grant under + subpart II of such part; + ``(F) includes assurances that the facilities will + be used for a period of not less than 10 years for the + provision of community-based mental health or substance + abuse services for those who cannot pay for such + services, subject to subsection (e); and + ``(G) in the case of a facility that is not a + public facility, includes the name and executive + director of the entity who will provide services in the + facility; and + ``(2) with respect to each construction or modernization + project described in the application-- + ``(A) a description of the site for the project; + ``(B) plans and specifications for the project and + State or tribal approval for the plans and + specifications; + ``(C) assurance that the title for the site is or + will be vested with either the public entity or private + nonprofit entity who will provide the services in the + facility; + ``(D) assurance that adequate financial resources + will be available for the construction or major + rehabilitation of the project and for the maintenance + and operation of the facility; + ``(E) estimates of the cost of the project; and + ``(F) the estimated length of time for completion + of the project. + ``(d) Subgrants by States.-- + ``(1) In general.--A State that receives a grant under this + section may award a subgrant to a qualified community program + (as such term is used in section 1913(b)(1)). + ``(2) Use of funds.--Subgrants awarded pursuant to + paragraph (1) may be used for activities such as-- + ``(A) the construction, expansion, and + modernization of facilities used to provide mental and + behavioral health services to individuals; + ``(B) acquiring and leasing facilities and + equipment (including paying the costs of amortizing the + principal of, and paying the interest on, loans for + such facilities and equipment) to support or further + the operation of the subgrantee; and + ``(C) the construction and structural modification + (including equipment acquisition) of facilities to + permit the integrated delivery of behavioral health and + primary care of specialty medical services to + individuals with co-occurring mental illnesses and + chronic medical or surgical diseases at a single + service site. + ``(e) Request To Transfer Obligation.--An eligible entity that +receives a grant under this section may submit a request to the +Secretary for permission to transfer the 10-year obligation of facility +use, as described in subsection (c)(1)(F), to another facility. + ``(f) Agreement to Federal Share.--As a condition of receipt of a +grant under this section, an eligible entity shall agree, with respect +to the costs to be incurred by the entity in carrying out the +activities for which such grant is awarded, that the entity will make +available non-Federal contributions (which may include State or local +funds, or funds from the qualified community program) in an amount +equal to not less than $1 for every $1 of Federal funds provided under +the grant. + ``(g) Reporting.-- + ``(1) Reporting by states.--During the 10-year period + referred to in subsection (c)(1)(F), the Secretary shall + require that a State that receives a grant under this section + submit, as part of the report of the State required under the + Community Mental Health Services Block Grant under subpart I of + part B of title XIX and the Substance Abuse Prevention and + Treatment Block Grant under subpart II of such part, a + description of the progress on-- + ``(A) the projects carried out pursuant to the + grant under this section; and + ``(B) the assurances that the facilities involved + continue to be used for the purpose for which they were + funded under such grant during such 10-year period. + ``(2) Reporting by indian tribes and tribal + organizations.--The Secretary shall establish reporting + requirements for Indian tribes and tribal organizations that + receive a grant under this section. Such reporting requirements + shall include that such Indian tribe or tribal organization + provide a description of the progress on-- + ``(A) the projects carried out pursuant to the + grant under this section; and + ``(B) the assurances that the facilities involved + continue to be used for the purpose for which they were + funded under such grant during the 10-year period + referred to in subsection (c)(1)(F). + ``(h) Failure To Meet Obligations.-- + ``(1) In general.--If an eligible entity that receives a + grant under this section fails to meet any of the obligations + of the entity required under this section, the Secretary shall + take appropriate steps, which may include-- + ``(A) requiring that the entity return the unused + portion of the funds awarded under this section for the + projects that are incomplete; and + ``(B) extending the length of time that the entity + must ensure that the facility involved is used for the + purposes for which it is intended, as described in + subsection (c)(1)(F). + ``(2) Hearing.--Prior to requesting the return of the funds + under paragraph (1)(B), the Secretary shall provide the entity + notice and opportunity for a hearing. + ``(i) Collaboration.--The Secretary may establish intergovernmental +and interdepartmental memorandums of agreement as necessary to carry +out this section. + ``(j) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $20,000,000 for fiscal year 2008 +and such sums as may be necessary for each of fiscal years 2009 through +2012.''.","Community-Based Mental Health Infrastructure Improvements Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to eligible entities for the construction or modernization of facilities to provide mental health and behavioral health services to individuals. Defines an ""eligible entity"" as: (1) a state that is the recipient of a Community Mental Health Services Block Grant and a Substance Abuse Prevention and Treatment Block Grant under such Act; or (2) an Indian tribe or a tribal organization. + +Includes among grant application requirements assurances that facilities will be used for not less than 10 years for community-based mental health or substance abuse services for those who cannot pay for such services. Permits a grant recipient to request permission to transfer such 10-year obligation to another facility. + +Authorizes a state that receives a grant to award a subgrant to a qualified community program for activities such as: (1) the construction, expansion, and modernization of mental and behavioral health facilities; and (2) the construction and structural modification of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site. + +Requires a grant recipient to agree to make available nonfederal contributions matching federal funds provided.",A bill to amend the Public Health Service Act to provide grants for community-based mental health infrastructure improvement.," The Community-Based Mental Health Infrastructure Improvements Act aims to improve mental health infrastructure by authorizing grants for eligible entities to construct or modernize facilities providing mental health services. Eligible entities include states receiving Community Mental Health Services Block Grants and Substance Abuse Prevention and Treatment Block Grants, as well as Indian tribes or tribal organizations. Grants may be used for construction or modernization projects, acquiring facilities or equipment, or integrating behavioral health and primary care services. States receiving grants must submit reports on progress and facility use during the 10-year grant period. If an entity fails to meet obligations, the Secretary may require the return of unused funds or extend the time for facility use." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Service for Schools Act of 2015''. + +SEC. 2. SERVICE FOR SCHOOLS. + + Subtitle H of title I of the National and Community Service Act of +1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the +following: + + ``PART VI--NATIONAL SERVICE FOR SCHOOLS + +``SEC. 198T. SERVICE OPPORTUNITY REGISTRY. + + ``(a) Definitions.-- + ``(1) Eligible service opportunity.--The term `eligible + service opportunity' means a national service opportunity-- + ``(A) that achieves purposes specified in section + 2(b), including meeting an unmet human, educational, + environmental, or public safety need of the United + States, without displacing existing (as of the first + date of the opportunity) workers, as determined by the + Chief Executive Officer; and + ``(B) for which-- + ``(i) a participant may receive + compensation but, except as provided in clauses + (ii) and (iii), the total compensation, in the + aggregate, shall not exceed the product of-- + ``(I) $10.00 per hour; and + ``(II) the number of the qualifying + hours of service involved; + ``(ii) a participant may receive total + compensation that exceeds the product described + in clause (i), if the excess is subtracted from + the amount of the participant's corresponding + award under subsection (d); and + ``(iii) a participant in a professional + corps program described in section + 122(c)(1)(D), who is in engaged in a service + opportunity that meets human, educational, + environmental, or public safety needs in a + high-need community with an inadequate number + of such professionals, as determined by the + Chief Executive Officer, may receive + compensation without regard to clauses (i) and + (ii). + ``(2) Eligible student.--The term `eligible student' means + an individual who-- + ``(A) completed 2000 qualifying hours of service + when the individual was a qualified student, which + hours are recorded by a State Commission under + subsection (c); and + ``(B) is not older than age 35. + ``(3) Qualified student.--The term `qualified student' + means an individual who is not younger than age 12 or older + than age 30. + ``(4) Qualifying hour of service.--The term `qualifying + hour of service' means an hour of service performed for an + eligible service opportunity and for which the participant did + not receive a payment under part C of title IV of the Higher + Education Act of 1965 (42 U.S.C. 2751 et seq.). + ``(b) Registry.-- + ``(1) In general.--The Corporation shall establish and + carry out directly, in partnership with a nonprofit + organization or State Commission or through a grant or subgrant + to a nonprofit organization or State Commission, activities + concerning a Service Opportunity Registry (referred to in this + section as the `Registry'), which shall list eligible service + opportunities and the registered organizations offering the + opportunities. + ``(2) Application.--To be eligible to be registered in the + Registry, an organization that offers an eligible service + opportunity shall submit an application to the Corporation at + such time, in such manner, and containing such information as + the Corporation may require. + ``(3) Registry information.--On receipt of an application + that meets the requirements of paragraph (2) from an + organization that the Chief Executive Officer determines offers + an eligible service opportunity, the Corporation shall register + the organization by listing in the Registry-- + ``(A) the names and contact information for the + organization; and + ``(B) a description of the eligible service + opportunity. + ``(4) Web site.--The Corporation shall make the Registry + available to the public through a National Service for Schools + Web site. + ``(5) Re-registration.--Not less often than every 2 years, + a listed organization that offers an eligible service + opportunity shall re-apply for listing in the Registry. + ``(c) Service.-- + ``(1) Application.--To be eligible to participate in and + receive credit for service in service opportunities listed in + the Registry, a qualified student shall submit an application + to the student's State Commission, at such time, in such + manner, and containing the qualified student's name, the + qualified student's contact information, and such other + information as the Corporation, after consultation with the + State Commissions, may require. + ``(2) Designation.--In order for students in a State to + participate in and receive credit for that service, the State + Commission shall participate in the program carried out under + this part. On receipt of an application that meets the + requirements of paragraph (1) from a qualified student, the + State Commission shall designate the qualified student as + eligible to so participate and receive such credit. + ``(3) Contact.--A qualified student who wishes to + participate in a service opportunity listed in the Registry + shall contact and make arrangements with the organization + providing the opportunity. + ``(4) Record of service.-- + ``(A) Organization.--The organization shall record + the qualifying hours of service completed by each + qualified student who participates in an eligible + service opportunity with the organization. + ``(B) State commission.--The organization shall, + not less often than annually, notify the appropriate + State Commission of the number of qualifying hours of + service completed by each qualified student on an + eligible service opportunity with the organization + since the last notification. The State Commission shall + record the qualifying hours of service in a record for + the qualified student. The State Commission shall make + the record available to the Corporation on request. + ``(5) Transfer of application and record.--At the request + of a qualified student, a State Commission shall transfer to + another State Commission the qualified student's application + for service under paragraph (1) and record of hours of service + under paragraph (4)(B). + ``(6) Effect of erroneous certifications.--If the State + Commission or the Corporation determines that the + organization's record of service under paragraph (4) is + erroneous due to a willful act of the organization or is + incorrect, and the Corporation makes any associated payment + from the National Service Trust due to the erroneous or + incorrect record of service, the Corporation may assess against + the organization a charge for the amount of the payment. In + assessing the amount of the charge, the Corporation shall + consider the full facts and circumstances surrounding the + erroneous or incorrect recording of hours. + ``(d) Awards.-- + ``(1) In general.--Subject to appropriations, an eligible + student shall receive an award of $10,000 from the National + Service for Schools Account, established in section 145A, to be + used as described in subsection (f), except that-- + ``(A) the eligible student may not receive more + than 4 of such awards; and + ``(B) the eligible student may not receive both an + award under this section and a national service + educational award for the same hours of service. + ``(2) Application.--An eligible student seeking such an + award shall submit an application to the Corporation at such + time, in such manner, and containing such information as the + Corporation may require. + ``(e) Credit of Hours of Service for National Service +Participants.--A participant who is eligible to receive a national +service educational award from the National Service Trust under section +146 may opt to use the hours certified under section 146A towards an +award under subsection (d). The Corporation shall establish a process +allowing such participants to elect to use their hours certified under +section 146A towards that award instead of towards a national service +educational award. + ``(f) Use of Funds.-- + ``(1) In general.--Award funds provided under this section + shall be available-- + ``(A) to repay eligible student loans in accordance + with section 148(b); and + ``(B) to pay all or part of the cost of attendance + or other educational expenses at an institution of + higher education in accordance with section 148(c). + ``(2) Application.--For purposes of the application of + subsections (b) and (c) of section 148 under paragraph (1), a + reference in those subsections-- + ``(A) to a national service educational award shall + be considered to be a reference to an award under this + section; + ``(B) to an eligible individual shall be considered + to be a reference to an eligible student who has met + the requirements for an award under this section; + ``(C) to the National Service Trust shall be + considered to be a reference to the National Service + for Schools Account established in section 145A; + ``(D) to a position shall be considered to be a + reference to activities under this section; and + ``(E) to a term of service shall be considered to + be a term of service under this section. + ``(g) National Service for Schools Account.-- + ``(1) Investment.--The Secretary of the Treasury shall + invest in full the amounts appropriated under subsection + (i)(1)(B) to the National Service for Schools Account in + section 145A. Except as otherwise provided in this section, the + only provisions of subtitle D relating to funds in the National + Service Trust that apply to amounts in the Account shall be + section 145(b) and subsections (b) and (c) of section 148. + ``(2) Obligations for awards.--Notwithstanding section 149, + the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), + subchapter III of chapter 13 of title 31, United States Code, + and any other Federal law, the Corporation shall not record an + obligation for an award under this section until such time as + the Corporation approves the corresponding application under + subsection (d)(2). + ``(h) Annual Estimates.--Not later than January 31 of each fiscal +year, the Corporation and the Director of the Congressional Budget +Office shall jointly-- + ``(1) estimate the amount necessary to make award payments + under subsection (d) in the next fiscal year; and + ``(2) submit a report containing the estimate to the + Committee on Appropriations of the House of Representatives and + the Committee on Appropriations of the Senate. + ``(i) Appropriations.-- + ``(1) In general.--There is authorized to be appropriated + for a fiscal year-- + ``(A) such sums as may be necessary to carry out + the Registry under this section; and + ``(B) such sums as may be necessary for the + National Service for Students Account, to make award + payments under subsection (d). + ``(2) Insufficient appropriations.--If, for any fiscal + year, the funds appropriated for award payments under this part + are insufficient to make all the awards for which applications + are submitted and approved under subsection (d)(2), the + Corporation shall promptly transmit a notice of such + insufficiency to each House of Congress, and identify in such + notice the additional amount that would be required to be + appropriated to make all such awards.''. + +SEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT. + + Subtitle D of title I of the National and Community Service Act of +1990 is amended by inserting after section 145 (42 U.S.C. 12601) the +following: + +``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT. + + ``(a) Establishment.--There is established in the National Service +Trust a National Service for Schools Account. + ``(b) Amounts in the Account.--The Account shall consist of-- + ``(1) the amounts appropriated under section 198T(i)(1)(B); + ``(2) any amounts received by the Corporation as gifts, + bequests, devises, or otherwise pursuant to section 196(a)(2), + if the terms of such donations direct that the donated amounts + be deposited in the Account; and + ``(3) the interest on, and proceeds from the sale or + redemption of, any obligations held by the Account. + ``(c) Administration.--The Account shall be administered as +described in section 198T.''.","Service for Schools Act of 2015 This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them. Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry. To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall: record the qualifying hours of service completed by each qualified student who participates in a service opportunity; and notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity. Eligible students shall receive an award of $10,000 from the National Services for Schools Account (established by this bill) for use to: repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education. ",Service for Schools Act of 2015, The Service for Schools Act of 2015 aims to amend the National and Community Service Act of 1990 by establishing a National Service for Schools program. This program would create an opportunity registry for eligible service opportunities and provide awards to eligible students who participate in these opportunities. The Act establishes the National Service for Schools Account to fund award payments for eligible students who complete service opportunities. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Improving Corporate Governance +Through Diversity Act of 2017''. + +SEC. 2. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN + CONTRACTORS. + + (a) In General.--Chapter 47 of subtitle I of title 41, United +States Code, is amended by adding at the end the following new section: +``Sec. 4713. Submission of data relating to diversity by certain + contractors. + ``(a) Submission of Data.--In the case of the award of a contract +in an amount of $5,000,000 or more to a covered contractor, the head of +an executive agency shall require the contractor to submit, not later +than 60 days after the award of the contract, the following: + ``(1) Data on the racial, ethnic, and gender composition of + the board of directors and the C-level executives of the + covered contractor. + ``(2) Data on the affiliation of any member of the board of + directors or any C-level executive to a historically + underrepresented group, including veterans of the Armed Forces + and individuals with disabilities. + ``(3) Any plan or strategy that exists on the date of the + submission of data under this subsection to improve the + diversity of the board of directors or the C-level executives + of the covered contractor. + ``(b) Reports.-- + ``(1) Quarterly report to general services + administration.--After the end of a calendar quarter, each + executive agency shall submit to the Administrator of General + Services a report that includes the data submitted by + contractors under subsection (a) during the quarter covered. + ``(2) Annual report to congress and offices of minority and + women inclusion.-- + ``(A) In general.--Not later than February 14 of + each calendar year, the Administrator of General + Services shall submit to Congress and each Office of + Minority and Women Inclusion established under section + 342 of the Dodd-Frank Wall Street Reform and Consumer + Protection Act (12 U.S.C. 5452) an annual report that-- + ``(i) includes the data submitted to the + Administrator under paragraph (1) during the + preceding calendar year and the data submitted + under section 13(s) of the Securities Exchange + Act of 1934; + ``(ii) uses the data described in clause + (i), as well as information from other reliable + sources, to analyze the diversity of the board + of directors and the C-level executives of each + entity submitting data in comparison to the + industry peers of such entity, including any + trends and progress related to such diversity; + and + ``(iii) based on the analysis conducted + under clause (ii), lists each entity submitting + data that is significantly lagging behind the + industry peers of such entity with respect to + the diversity of the board of directors and the + C-level executives. + ``(B) Public availability.--The Administrator of + General Services shall make publicly available each + annual report submitted under subparagraph (A). + ``(c) Public Comment.--After the end of the four-year period +beginning on the date of the enactment of this section, and every four +years thereafter, the Administrator of General Services shall review +the implementation of the requirements of this section and provide an +opportunity for public comment on such review. + ``(d) Definitions.--In this section: + ``(1) Covered contractor.--The term `covered contractor' + means a for-profit business with annual gross receipts in + excess of $1,000,000,000 during the year preceding the + submission of a bid or proposal for a contract described in + subsection (a). + ``(2) C-level executive.--The term `C-level executive' + means the most senior executive officer, information officer, + technology officer, financial officer, compliance officer, or + security officer of a covered contractor.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 47 of such title is amended by inserting after the item +relating to section 4712 the following new item: + +``4713. Submission of data relating to diversity by certain + contractors.''. + +SEC. 3. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. + + (a) In General.--Section 13 of the Securities Exchange Act of 1934 +(15 U.S.C. 78m) is amended by adding at the end the following: + ``(s) Submission of Data Relating to Diversity.-- + ``(1) Submission of data.--Each issuer required to file an + annual report under subsection (a) shall disclose in that + report, the following: + ``(A) Data on the racial, ethnic, and gender + composition of the board of directors and the C-level + executives of the issuer. + ``(B) Data on the affiliation of any member of the + board of directors or any C-level executive of the + issuer to a historically underrepresented group, + including veterans of the Armed Forces and individuals + with disabilities. + ``(C) Any plan or strategy that exists on the date + of the submission of data under this paragraph to + improve the diversity of the board of directors or the + C-level executives of the issuer. + ``(2) C-level executive defined.--In this subsection, the + term `C-level executive' means the most senior executive + officer, information officer, technology officer, financial + officer, compliance officer, or security officer of an + issuer.''. + (b) Corporate Governance Regulations.--Not later than 90 days after +the date of the enactment of this Act, the Securities and Exchange +Commission shall revise paragraph (v) of section 229.407(c)(2) of title +17, Code of Federal Regulations, to require that when the description +described in such paragraph is presented in a proxy or information +statement relating to the election of directors, the qualities and +skills described in such paragraph, along with the nominee's gender, +race, ethnicity, and affiliation with a historically underrepresented +group should be presented in a chart or matrix form.","Improving Corporate Governance Through Diversity Act of 2017 This bill directs executive agencies to require any covered contractor (a for-profit business with gross receipts exceeding $1 billion for the previous year) awarded a contract of $5 million or more to submit, within 60 days: data on the racial, ethnic, and gender composition of such contractor's board of directors and senior executives; data on the affiliation of any such board member or executive to a historically underrepresented group, including veterans and individuals with disabilities; and any plan or strategy to improve the diversity of such board members or executives. Each agency shall submit quarterly reports on such data to the General Services Administration, which shall report to Congress annually on the diversity of such contractor boards and executives. The Securities Exchange Act of 1934 is amended to require each issuer of a registered security to disclose such data, plan, and strategy in its required annual report. The Securities and Exchange Commission must revise corporate governance regulations to require that when the description is presented in a proxy or information statement relating to the election of directors, the nominee's qualities and skills, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group, are presented in a chart or matrix form.",Improving Corporate Governance Through Diversity Act of 2017," The Improving Corporate Governance Through Diversity Act of 2017 aims to promote diversity in corporate governance by requiring certain contractors and issuers to submit data on their board of directors' and C-level executives' racial, ethnic, and gender composition, as well as any affiliation with historically underrepresented groups. This data will be used to analyze and compare diversity within these entities to their industry peers. Reports on this data will be submitted to Congress and made publicly available. The Act also requires the Securities and Exchange Commission to revise its corporate governance regulations to include a presentation of nominees' qualities, skills, gender, race, ethnicity, and affiliation with historically underrepresented groups in a chart or matrix form in proxy or information statements relating to director elections." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Government Shutdown Prevention +Act''. + +SEC. 2. AMENDMENT TO TITLE 31. + + (a) In General.--Chapter 13 of title 31, United States Code, is +amended by inserting after section 1310 the following new section: +``Sec. 1311. Continuing appropriations + ``(a)(1) If any regular appropriation bill for a fiscal year (or, +if applicable, for each fiscal year in a biennium) does not become law +before the beginning of such fiscal year or a joint resolution making +continuing appropriations is not in effect, there are appropriated, out +of any money in the Treasury not otherwise appropriated, and out of +applicable corporate or other revenues, receipts, and funds, such sums +as may be necessary to continue any project or activity for which funds +were provided in the preceding fiscal year-- + ``(A) in the corresponding regular appropriation Act for + such preceding fiscal year; or + ``(B) if the corresponding regular appropriation bill for + such preceding fiscal year did not become law, then in a joint + resolution making continuing appropriations for such preceding + fiscal year. + ``(2) Appropriations and funds made available, and authority +granted, for a project or activity for any fiscal year pursuant to this +section shall be at a rate of operations not in excess of the lower +of-- + ``(A) the rate of operations provided for in the regular + appropriation Act providing for such project or activity for + the preceding fiscal year; + ``(B) in the absence of such an Act, the rate of operations + provided for such project or activity pursuant to a joint + resolution making continuing appropriations for such preceding + fiscal year; + ``(C) the rate of operations provided for in the regular + appropriation bill as passed by the House of Representatives or + the Senate for the fiscal year in question, except that the + lower of these two versions shall be ignored for any project or + activity for which there is a budget request if no funding is + provided for that project or activity in either version; or + ``(D) the annualized rate of operations provided for in the + most recently enacted joint resolution making continuing + appropriations for part of that fiscal year or any funding + levels established under the provisions of this Act. + ``(3) Appropriations and funds made available, and authority +granted, for any fiscal year pursuant to this section for a project or +activity shall be available for the period beginning with the first day +of a lapse in appropriations and ending with the earlier of-- + ``(A) the date on which the applicable regular + appropriation bill for such fiscal year becomes law (whether or + not such law provides for such project or activity) or a + continuing resolution making appropriations becomes law, as the + case may be; or + ``(B) the last day of such fiscal year. + ``(b) An appropriation or funds made available, or authority +granted, for a project or activity for any fiscal year pursuant to this +section shall be subject to the terms and conditions imposed with +respect to the appropriation made or funds made available for the +preceding fiscal year, or authority granted for such project or +activity under current law. + ``(c) Appropriations and funds made available, and authority +granted, for any project or activity for any fiscal year pursuant to +this section shall cover all obligations or expenditures incurred for +such project or activity during the portion of such fiscal year for +which this section applies to such project or activity. + ``(d) Expenditures made for a project or activity for any fiscal +year pursuant to this section shall be charged to the applicable +appropriation, fund, or authorization whenever a regular appropriation +bill or a joint resolution making continuing appropriations until the +end of a fiscal year providing for such project or activity for such +period becomes law. + ``(e) This section shall not apply to a project or activity during +a fiscal year if any other provision of law (other than an +authorization of appropriations)-- + ``(1) makes an appropriation, makes funds available, or + grants authority for such project or activity to continue for + such period; or + ``(2) specifically provides that no appropriation shall be + made, no funds shall be made available, or no authority shall + be granted for such project or activity to continue for such + period. + ``(f) For purposes of this section, the term `regular appropriation +bill' means any annual appropriation bill making appropriations, +otherwise making funds available, or granting authority, for any of the +following categories of projects and activities: + ``(1) Agriculture, rural development, Food and Drug + Administration, and related agencies programs. + ``(2) The Departments of Commerce, Justice, Science, and + related agencies. + ``(3) The Department of Defense. + ``(4) Energy and water development, and related agencies. + ``(5) Financial services and general government. + ``(6) The Department of Homeland Security. + ``(7) The Department of Interior, environment, and related + agencies. + ``(8) The Department of Labor, Health and Human Services, + and Education, and related agencies. + ``(9) The legislative branch. + ``(10) Military construction and veterans affairs. + ``(11) The Department of State, foreign operations, and + related programs. + ``(12) The Transportation, Housing and Urban Development, + and related agencies.''. + (b) Clerical Amendment.--The analysis of chapter 13 of title 31, +United States Code, is amended by inserting after the item relating to +section 1310 the following new item: + +``1311. Continuing appropriations.''.","Government Shutdown Prevention Act - Provides for automatic continuing appropriations if any regular appropriation for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. + +Appropriates amounts necessary to continue any project or activity for which funds were provided in the preceding fiscal year: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such legislation did not become law, then in the joint resolution making continuing appropriations for such preceding fiscal year. + +Requires the appropriations and funds made available, and authority granted, for any fiscal year for a project or activity to be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of: (1) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of such fiscal year.",A bill to prevent Government shutdowns., The Government Shutdown Prevention Act aims to provide continuing appropriations for projects or activities if a regular appropriation bill for a fiscal year does not become law or if a joint resolution making continuing appropriations is not in effect. The Act amends Title 31 of the United States Code by inserting a new section that outlines the conditions under which appropriations are made available for projects or activities during a fiscal year. The appropriations are subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year or authority granted for such project or activity under current law. The Act covers all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Biennial Commission on Energy Policy +Act of 2013''. + +SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. + + (a) In General.--Title VIII of the Department of Energy +Organization Act (42 U.S.C. 7321) is amended by striking sections 801 +and 802 and inserting the following new sections: + +``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. + + ``(a) Establishment.--There is established a commission to be known +as the `Biennial Commission on Energy Policy' (in this title referred +to as the `Commission'). + ``(b) Membership.-- + ``(1) Number and appointment.--The Commission shall be + composed of 15 members appointed in the following manner-- + ``(A) The President shall appoint 3 members. + ``(B) The Speaker of the House of Representatives + shall appoint 3 members. + ``(C) The minority leader of the House of + Representatives shall appoint 3 members. + ``(D) The majority leader of the Senate shall + appoint 3 members. + ``(E) The minority leader of the Senate shall + appoint 3 members. + ``(2) Deadline for appointment.--Members of the Commission + shall be appointed not later 30 days after the first day of the + first session of the 114th Congress. + ``(3) Terms.--Members shall be appointed for a term of 2 + years. + ``(4) Consultation.--The President and Members of Congress + specified in paragraph (1) shall consult with each other before + appointing members to the Commission to achieve, to the maximum + extent practicable, a diversity of experience and expertise in + the membership of the Commission. + ``(5) Vacancies.--Any vacancy on the Commission shall not + affect its powers, but shall be filled in the same manner in + which the original appointment was made. A member appointed to + fill a vacancy occurring before the expiration of the term for + which such member's predecessor was appointed shall be + appointed for the remainder of that term. + ``(6) Qualifications.--Each member appointed to the + Commission shall have professional experience in 1 or more of + the following areas: + ``(A) Governmental service. + ``(B) Energy production. + ``(C) Renewable energy resource development. + ``(D) Energy law. + ``(E) Public administration. + ``(F) Fossil fuel production. + ``(G) Energy efficiency. + ``(H) Environmental policy. + ``(I) Labor. + ``(J) Workplace safety. + ``(K) Commerce and trade. + ``(L) Corporate policies. + ``(M) Infrastructure. + ``(N) Foreign affairs. + ``(7) Political affiliation.--Not more than 8 members of + the Commission shall be affiliated with the same political + party. + ``(8) Restriction on government employees.--No individual + may serve as a member of the Commission while employed as an + officer or employee of the Federal Government or any State or + local government. + ``(9) Basic pay.--Each member of the Commission shall be + compensated at a rate equal to the daily equivalent of the + annual rate of basic pay prescribed for level IV of the + Executive Schedule for each day (including travel time) during + which the member is engaged in the performance of the duties of + the Commission. + ``(10) Travel expenses.--Each member of the Commission + 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. + ``(c) Structure of Commission.-- + ``(1) Commencement.--The Commission shall meet and begin + operations not later than 30 days after the date on which all + members of the Commission have been appointed. + ``(2) Chairperson; vice chairperson.--The chairperson and + vice chairperson of the Commission shall be selected by the + members. + ``(3) Subcommittees.--Upon majority vote of the members, + the Commission may create subcommittees composed of less than + the full membership of the Commission to carry out specified + duties of the Commission. + ``(4) Quorum.--Six members of the Commission shall + constitute a quorum. + ``(5) Meetings.-- + ``(A) In general.--After its initial meeting, the + Commission shall meet upon the call of the chairperson + or a majority of its members. + ``(B) Stakeholder meetings.--The Commission shall + conduct a quarterly meeting of stakeholders to assist + the Commission in carrying out its duties. The first + meeting shall be held not later than 90 days after the + date on which all members of the Commission have been + appointed. Subsequent meetings shall be held until the + Commission submits its final report. + ``(C) Attendance at stakeholder meetings.--Members + shall be encouraged to attend stakeholder meetings held + pursuant to subparagraph (B) either in person or via + teleconference. + +``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. + + ``(a) Duties.-- + ``(1) In general.--The Commission shall carry out the tasks + described in paragraph (2) and make recommendations for + legislative and administrative actions to create an integrated + and comprehensive energy policy for the United States. + ``(2) Tasks.--To carry out paragraph (1), the Commission + shall-- + ``(A) analyze the accessibility, affordability, + reliability, resiliency, and sustainability of the + energy sources in the United States, including coal, + oil, natural gas, wind, solar, nuclear, hydropower, + geothermal, and biofuels; + ``(B) assess policy options to increase domestic + energy supplies and energy efficiency; + ``(C) evaluate energy storage, transmission, and + distribution requirements that shall include + intermittent energy sources; + ``(D) analyze the prospective role of stakeholders, + including academia, industry representatives, the + public, Federal laboratories (as defined in section 4 + of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3703)), and Federal agencies in + creating an integrated and comprehensive energy policy; + ``(E) assess the effectiveness of and need for + energy programs, including tax incentives, funding + mechanisms, and energy subsidies; + ``(F) make recommendations for changes to the + organization of executive branch entities to facilitate + the development and implementation of national energy + objectives; + ``(G) study relevant matters, as determined by the + Commission, raised at the stakeholder meetings + described in section 801(c)(5)(B); and + ``(H) study other relevant matters as determined by + the Commission. + ``(3) Materials studied.--The Commission shall review + materials on energy, including-- + ``(A) enacted and proposed Federal and State laws, + regulations, policies, and programs; + ``(B) information developed by relevant + governmental and nongovernmental agencies, including + Federal laboratories; + ``(C) scientific and technical literature and + publications; and + ``(D) studies conducted by other entities. + ``(b) Reports.-- + ``(1) Progress reports.--Not later than July 1 of the first + and third year of each Presidential term, the Commission shall + submit progress reports to Congress describing the activities + of the Commission and a summary of the information gathered + pursuant to subsection (a). + ``(2) In general.--Not later than July 1 of the second and + fourth year of each Presidential term, the Commission shall + submit to Congress a report that shall include-- + ``(A) the findings and conclusions of the + Commission based on tasks carried out pursuant to + subsection (a)(2); and + ``(B) recommendations for legislative and + administrative actions described in subsection (a)(1). + ``(3) Publication.--Reports submitted pursuant to paragraph + (2) shall be made publicly available via a website. + ``(c) Powers.-- + ``(1) Hearings and sessions.--The Commission may, for the + purpose of carrying out this section, hold hearings, sit and + act at times and places, take testimony, and receive evidence + as the Commission considers appropriate. The Commission may + administer oaths or affirmations to witnesses appearing before + it. + ``(2) Powers of subcommittees.--Any subcommittee created + pursuant to section 801(c)(3) may, if authorized by the + Commission, take any action which the Commission is authorized + to take by this title. + ``(3) Gifts.--The Commission may accept, use, and dispose + of gifts or donations of services or property. + ``(4) Postal services.--The Commission may use the United + States mails in the same manner and under the same conditions + as Federal departments and agencies. + ``(5) Contract authority.--To the extent or in the amounts + provided in advance in appropriation Acts, the Commission may + contract with government and private agencies or persons for + the purpose of carrying out this section, without regard to + section 3709 of the Revised Statutes (41 U.S.C. 5). + ``(6) Obtaining official data.--The Commission may secure + directly from any department or agency of the United States + information necessary to enable it to carry out this title. + Upon request of the chairperson, vice chairperson, or a + subcommittee of the Commission, the head of such department or + agency shall furnish such information to the Commission. + +``SEC. 803. PERSONNEL MATTERS. + + ``(a) Executive Director and Staff.--The chairperson of the +Commission may, without regard to the provisions of title 5, United +States Code, governing appointments in the competitive service, appoint +and terminate an executive director and not more than five additional +staff members. The employment of an executive director shall be subject +to confirmation by the Commission. + ``(b) Pay.--The chairperson of the Commission may fix the +compensation of the executive director and staff without regard to the +provisions of chapter 51 and subchapter III of chapter 53 of title 5, +United States Code, relating to classification and General Schedule pay +rates, except that an individual appointed under paragraph (1) may not +receive pay in excess of the annual rate of basic pay for level V of +the Executive Schedule. + ``(c) Detail of Government Employees.--Upon request of the +chairperson of the Commission, the head of any department or agency of +the Federal Government may detail, on a nonreimbursable basis, any +personnel of the department or agency to the Commission to assist the +Commission in carrying out its duties. + ``(d) Procurement of Temporary and Intermittent Services.--The +chairperson of the Commission may procure temporary and intermittent +services under section 3109(b) of title 5, United States Code, at rates +for individuals which do not exceed the daily equivalent of the annual +rate of basic pay prescribed for level IV of the Executive Schedule +under section 5316 of such title. + +``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. + + ``There is authorized to be appropriated $3,000,000 to the +Secretary of Energy, without fiscal year limitation, to carry out this +title.''. + (b) Table of Contents Amendments.--The table of contents of such +Act is amended by striking the items relating to sections 801 and 802 +and inserting the following: + +``801. Biennial Commission on Energy Policy. +``802. Duties and powers of the Commission. +``803. Personnel matters. +``804. Authorization of appropriations.''. + +SEC. 3. EFFECTIVE DATE. + + The amendments made by this Act shall take effect on the first day +of the first session of the 114th Congress.","Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives. ",Biennial Commission on Energy Policy Act of 2013," The Biennial Commission on Energy Policy Act of 2013 aims to establish a commission to analyze and make recommendations for an integrated and comprehensive energy policy for the United States. The commission will consist of 15 members appointed by the President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate. Members will be appointed for two-year terms and must have professional experience in various energy-related fields. The commission will study energy sources, policy options, energy storage, transmission, distribution requirements, stakeholder roles, energy programs, and other relevant matters to create an integrated energy policy. They will submit progress reports to Congress every two years and a final report with findings and recommendations every four years." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Syria Humanitarian Support and +Democratic Transition Assistance Act of 2012''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) In March 2011, peaceful demonstrations in Syria began + against the authoritarian rule of Bashar al-Assad. The regime + responded with terrible violence against the citizens of Syria, + including the use of weapons of war, torture, extrajudicial + killings, arbitrary executions, sexual violence, and + interference with access to medical treatment. + (2) In December 2011, the Government of Syria agreed to + allow an Arab League observer group into the country to assess + the humanitarian and political situation on the ground. + However, on January 28, 2012, the League officially ended its + observer mission, citing escalating violence and the + intransigence of the Assad regime. + (3) In February 2012, the group Friends of the Syrian + People met in Tunis and issued a declaration demanding, among + other things, that the Syrian regime ``allow free and unimpeded + access by the UN and humanitarian agencies to carry out a full + assessment of needs''. + (4) On March 16, 2012, United Nations and League of Arab + States Special Envoy Kofi Annan presented a six-point peace + plan for Syria that called on the Government of Syria to, among + other things-- + (A) commit to stop the fighting and urgently + achieve a United Nations-supervised cessation of + violence; + (B) cease military activity in and around civilian + population centers; + (C) work with the Envoy in an inclusive Syrian-led + political process; + (D) ensure timely provision of humanitarian + assistance; + (E) release arbitrarily detained persons; + (F) ensure freedom of movement for journalists; and + (G) respect the freedom of association and the + right to demonstrate peacefully. + (5) In March 2012, the United Nations Refugee Agency + (UNHCR) appealed for $84,100,000 to assist approximately 30,000 + Syrian refugees living outside the country. Panos Moumtzis was + appointed Regional Refugee Coordinator for Syria by UNHCR, + indicating the importance of responding to the growing needs of + Syrian refugees. + (6) In April 2012, the group Friends of the Syrian People + met in Istanbul and committed to increase pressure on the Assad + regime, provide greater humanitarian relief to people in need, + and support the Syrian opposition as it works toward an + inclusive democratic transition. + (7) As of July 2012, the London-based Syrian Observatory + for Human Rights estimated that more than 20,000 people have + been killed as a result of the violence in Syria, while the + United Nations has reportedly stopped keeping track of casualty + numbers due to the difficulty in obtaining accurate information + from inside Syria. + (8) As a result of the violence, the United Nations + estimates that 1,500,000 people are in need of humanitarian + assistance, including access to food, water, shelter, and + medical care. Basic services such as health care, education, + and electricity have also been cut off in some parts of the + country. + (9) Syria faces growing food insecurity, as wheat harvests + have declined due to drought. The United Nations expects aid + agencies to provide food aid to 850,000 Syrians in July 2012, + up from 500,000 the previous month. + (10) Hundreds of thousands of Syrians have fled the country + due to escalating violence. According to the United Nations, + there are more than 100,000 Syrian refugees registered in + Lebanon, Turkey, Jordan, and Iraq, and even more who are + unregistered. According to the Syrian Arab Red Crescent, + hundreds of thousands of Syrians are displaced within the + country. More than three-quarters of refugees and internally + displaced persons are women and children, who are particularly + vulnerable to economic and physical insecurity. + (11) In June 2012, UNHCR more than doubled its appeal for + assistance for Syrian refugees to $193,000,000, reflecting the + significant increase in the number of refugees in need of + assistance. + (12) The United Nations requested an additional + $189,000,000 to meet humanitarian needs inside Syria. According + to a United Nations spokesperson, only about 20 percent of + these appeals have been funded. In July 2012, John Ging, + Director of Operations for the United Nations Office for the + Coordination of Humanitarian Affairs, said, ``If we don't get + more money, people will die.'' + (13) The United Nations Children's Fund (UNICEF) issued an + urgent appeal for $20,000,000 to meet the emergency needs of + children and young people who have fled the violence in Syria. + UNICEF estimates that it will need to provide humanitarian + support and basic services to approximately 90,000 Syrian + children between July and December 2012. As of July 2012, + UNICEF has received less than $6,000,000 to provide support and + protection to the most vulnerable victims of the crisis in + Syria. + (14) An agreement between the United Nations and the Syrian + regime to facilitate the delivery of humanitarian assistance in + the country has allowed aid workers greater access to victims + of the conflict. However, staff of the International Committee + of the Red Cross and the Syrian Arab Red Crescent cite security + concerns as a major obstacle to aid distribution. The + Government of Syria is also refusing to grant visas for aid + workers from countries that have criticized the regime, + including the United States, Canada, the United Kingdom, and + France. + (15) In July 2012, Human Rights Watch reported widespread + torture and mistreatment of political prisoners being held in + detention facilities managed by intelligence agencies of the + Government of Syria. The report cites overcrowding, denial of + adequate food and medical assistance, and the routine use of a + wide range of torture methods. The report also raised concerns + that authorities in Syria could choose to kill detainees rather + than allow them to be released in the event of a political + transition. + (16) As of July 2012, the United States Government has + pledged $52,000,000 in humanitarian and non-lethal assistance + to Syria. + (17) According to the Unclassified Report to Congress on + the Acquisition of Technology Relating to Weapons of Mass + Destruction and Advanced Conventional Munitions Covering 1 + January to 31 December 2011, ``Syria has had a [chemical + weapons] program for many years and has a stockpile of CW + agents, which can be delivered by aerial bombs, ballistic + missiles, and artillery rockets.'' In a hearing before the + Committee on Armed Services of the Senate in March 2012, + Chairman of the Joint Chiefs of Staff General Martin Dempsey + testified that the magnitude of Syria's chemical weapons + arsenal was ``100 times more than we experienced in Libya''. + The Government of Syria's stockpiles are thought to include + mustard, sarin, and VX gases. + (18) There are concerns about the existence of numerous + rebel militias and their role in Syria during a post-transition + period. On June 30, 2012, during an international meeting on + Syria in Geneva, Special Envoy Kofi Annan said, ``A transition + must be implemented in a climate of safety for all, stability + and calm, including completion of withdrawals and the + disarming, demobilization and reintegration of armed groups.'' + +SEC. 3. STATEMENT OF POLICY. + + It is the policy of the United States-- + (1) to strongly condemn the ongoing violence and widespread + human rights violations perpetrated against the Syrian people + by the regime of President Bashar al-Assad; + (2) to promote the protection of civilians and innocent + victims of the conflict in Syria, particularly women and + children who are displaced and vulnerable to physical + exploitation; + (3) to assist the people of Syria in meeting basic needs, + including access to food, health care, shelter, and clean + drinking water; + (4) to support efforts of democratically oriented political + opposition groups in Syria to agree upon a political transition + plan that is inclusive and reflects the democratic aspirations + of all minority ethnic groups in the country; + (5) to work with the international community, including + multilateral organizations and host countries, to support + Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq; + (6) to support efforts to identify, recover, and dispose of + chemical weapons and other conventional and unconventional + weapons stockpiled in Syria; and + (7) to help ensure that, once a stable transitional + government is established in Syria, it is committed to + multiparty democracy, open and transparent governance, respect + for human rights and religious freedom, promoting peace and + stability with its neighbors, enhancing the rule of law, and + rehabilitating and reintegrating former combatants. + +SEC. 4. SPECIAL ENVOY FOR SYRIA. + + (a) Appointment of Special Envoy.--Not later than 30 days after the +date of the enactment of this Act, the President shall appoint a +Special Envoy for Syria to coordinate United States engagement with the +country and to ensure that the United States Government supports +efforts to bring about a democratic transition in Syria. + (b) Duties.--The Special Envoy for Syria should be given a clear +mandate-- + (1) to direct United States Government efforts to provide + assistance to civilians and innocent victims of the conflict in + Syria; + (2) to provide detailed assessments of challenges and + progress on the ground in Syria with regard to providing + humanitarian relief, supporting an inclusive political + transition, assisting internally displaced persons and + refugees, reintegrating former combatants, and securing + conventional and unconventional weapons; and + (3) to pursue a peaceful, inclusive democratic future for + Syria that protects the rights of all ethnic and religious + minorities. + (c) Staffing and Resources.--The Special Envoy for Syria should be +provided with appropriate resources, including adequate staffing in the +region and in Washington, District of Columbia. + +SEC. 5. BILATERAL ASSISTANCE TO SYRIA. + + (a) Authority.--The President should-- + (1) provide enhanced support for humanitarian activities + taking place in and outside Syria, including the provision of + food, water, and medical supplies; + (2) support efforts for a peaceful resolution of the + conflict in Syria as well as the establishment of an inclusive + representative form of government in Syria; + (3) continue to encourage the participation of all groups, + including women, business leaders, civil society organizations, + traditional and religious leaders, and minority groups in + efforts for a peaceful resolution of the conflict and political + transition in Syria; + (4) encourage the Arab League and other international + bodies to insist that transitional and future governments are + committed to multiparty democracy, open and transparent + governance, respect for human rights and religious freedom, + ending the violence throughout the country, promoting peace and + stability with Syria's neighbors, enhancing the rule of law and + combating corruption, and rehabilitating and reintegrating + former combatants; + (5) contribute to future capacity building for governing + institutions after a political transition takes place in Syria; + and + (6) support post-transition efforts, including programs for + demobilizing and reintegrating former combatants. + (b) Funding.-- + (1) Fiscal years 2013 and 2014.--Of the amounts made + available to carry out the Foreign Assistance Act of 1961 (22 + U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums + as may be necessary should be allocated for bilateral + assistance programs in Syria. + (2) Future funding.--It is the sense of Congress that the + Department of State should submit a budget request for fiscal + year 2014 that contains an appropriate increase in bilateral + and multilateral assistance for Syria based on progress by the + Government of Syria toward accomplishing the policy objectives + described in section 3. + (3) Availability.--Amounts appropriated pursuant to the + authorization of appropriations under paragraphs (1) and (2)-- + (A) are authorized to remain available until + expended; and + (B) are in addition to funds otherwise available + for such purposes. + (c) Coordination With Other Donor Nations.--The United States +should work with other donor nations, on a bilateral and multilateral +basis, to increase international contributions to the people of Syria +and accomplish the policy objectives described in section 3. + +SEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT + ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS. + + The President should instruct the United States permanent +representative or executive director, as the case may be, to the United +Nations voluntary agencies, including the World Food Program, the +United Nations Development Program, and the United Nations High +Commissioner for Refugees, and other appropriate international +organizations to use the voice and vote of the United States to support +additional humanitarian and development assistance for the people of +Syria in order to accomplish the policy objectives described in section +3. + +SEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN + REFUGEES. + + (a) Authority.--The President should increase bilateral funding to +countries, including Iraq, Jordan, Turkey, and Lebanon, that have +experienced an influx of refugees from Syria. + (b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made +available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. +2151 et seq.) for fiscal years 2013 and 2014, such sums as may be +necessary should be allocated for bilateral refugee assistance programs +in the countries surrounding Syria. + +SEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA. + + (a) Establishment.--Not later than 30 days after the date of the +enactment of this Act, the President shall instruct the Secretary of +State to work with the appropriate United Nations agencies, regional +organizations, nongovernmental organizations, and the broader +international community to establish an international donors group to +maximize resources and efficiently provide humanitarian assistance to +the people of Syria. + (b) Purpose.--The purpose of the donors group shall be to +coordinate resources for the following activities in Syria and the +region: + (1) Providing humanitarian relief to civilians impacted by + the violence in Syria and Syrian refugees in surrounding + countries. + (2) Supporting inclusive post-transitional governance and + the establishment of the rule of law. + (3) Supporting disarmament, demobilization, and + reintegration of combatants and members of militias. + (c) Annual Report.--The Department of State shall submit a report +on the specific programs, projects, and activities carried out by the +donors group during the preceding year, including an evaluation of the +results of such programs, projects, and activities. + +SEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA. + + (a) Transition Plan.--The United States should work with regional +partners to develop a plan, to be implemented in the event of a +political transition, to-- + (1) identify and secure conventional and unconventional + weapons stockpiles in Syria; + (2) recover and dispose of all unconventional weapons + stockpiled in Syria, with particular attention to chemical + weapons; and + (3) prevent the illicit sale or transfer of conventional + and unconventional weapons out of Syria in order to preclude + regional weapons proliferation. + (b) Sense of Congress.--It is the sense of Congress that the +Department of State should submit a budget request for fiscal year 2014 +that contains an increase in bilateral nonproliferation, demining, and +anti-terrorism assistance for Syria toward accomplishing the policy +objectives described in this section. + +SEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA. + + Not later than 60 days after the date of the enactment of this Act, +and annually thereafter, the President shall submit to Congress a +detailed report on the implementation of this Act, including a +description of-- + (1) progress made as a result of humanitarian and + stabilization efforts, including refugee assistance in Syria; + (2) progress made toward establishing an inclusive, + democratic government that protects the rights of all Syrians; + and + (3) key challenges, gaps, and obstacles to further + enhancing stability and peace in Syria, including between Syria + and its neighbors.","Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate U.S. engagement with the country and to ensure U.S. support for efforts to bring about a democratic transition in Syria. + +Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria. + +Urges: (1) the allocation of funding for bilateral assistance programs in Syria; and (2) the United States to work with other donor nations to increase international contributions for the people of Syria; (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees; and (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria. + +Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U.N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria.","A bill to provide humanitarian assistance and support a democratic transition in Syria, and for other purposes."," The Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 aims to address the ongoing humanitarian crisis in Syria and support democratic transition. It condemns the violence perpetrated by the regime of President Bashar al-Assad and calls for protection of civilians and innocent victims. The Act emphasizes assistance to meet basic needs of Syrians, support for political opposition groups, and collaboration with international community to support Syrian refugees. It also calls for increased bilateral assistance to countries hosting Syrian refugees and the establishment of an international donors group to maximize resources for humanitarian assistance. Additionally, it highlights the need for securing unconventional weapons in Syria and reporting on humanitarian and stabilization efforts." +"-S-E-C-T-I-O-N -1-. -R-E-S-T-O-R-A-T-I-O-N -O-F -W-A-S-H-I-N-G-T-O-N + -S-Q-U-A-R-E-. + + -(-a-) -R-e-s-t-o-r-a-t-i-o-n-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f +-t-h-e -I-n-t-e-r-i-o-r -(-a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e +-D-i-r-e-c-t-o-r -o-f -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e-) +-i-s -a-u-t-h-o-r-i-z-e-d -t-o -p-r-o-v-i-d-e -a -g-r-a-n-t -t-o -t-h-e +-C-i-t-y -o-f -P-h-i-l-a-d-e-l-p-h-i-a -t-o -u-n-d-e-r-t-a-k-e -t-h-e +-r-e-s-t-o-r-a-t-i-o-n -o-f -t-h-e -a-r-e-a -k-n-o-w-n -a-s +-W-a-s-h-i-n-g-t-o-n -S-q-u-a-r-e-, -a-s -d-e-p-i-c-t-e-d -o-n -t-h-e +-m-a-p -n-u-m-b-e-r-e-d -, -a-n-d -d-a-t-e-d -. -S-u-c-h +-g-r-a-n-t -m-a-y -n-o-t -b-e -u-s-e-d -t-o -f-u-n-d -m-o-r-e -t-h-a-n +-6-6-.-6 -p-e-r-c-e-n-t -o-f -t-h-e -c-o-s-t-s -o-f -s-u-c-h +-r-e-s-t-o-r-a-t-i-o-n-. -T-h-e -g-r-a-n-t -s-h-a-l-l -b-e +-c-o-n-d-i-t-i-o-n-e-d -o-n -t-h-e -c-o-n-d-u-c-t -o-f -s-u-c-h +-r-e-s-t-o-r-a-t-i-o-n -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-c-h +-s-t-a-n-d-a-r-d-s -a-s -m-a-y -b-e -e-s-t-a-b-l-i-s-h-e-d -b-y -t-h-e +-S-e-c-r-e-t-a-r-y -i-n -o-r-d-e-r -t-o -f-a-c-i-l-i-t-a-t-e -t-h-e +-i-n-c-l-u-s-i-o-n -o-f -t-h-e -s-q-u-a-r-e -i-n +-I-n-d-e-p-e-n-d-e-n-c-e -N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c-a-l -P-a-r-k +-p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -2 -o-f -t-h-i-s -A-c-t-. + -(-b-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f +-A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----T-h-e-r-e -i-s -a-u-t-h-o-r-i-z-e-d +-t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f +-t-h-i-s -s-e-c-t-i-o-n -n-o-t -m-o-r-e -t-h-a-n -$-2-,-6-0-0-,-0-0-0 +-f-o-r -t-h-e -f-i-s-c-a-l -y-e-a-r -1-9-9-5-. + +-S-E-C-. -2-. -I-N-C-L-U-S-I-O-N -W-I-T-H-I-N -I-N-D-E-P-E-N-D-E-N-C-E + -N-A-T-I-O-N-A-L -H-I-S-T-O-R-I-C-A-L -P-A-R-K-. + + -U-p-o-n -c-o-m-p-l-e-t-i-o-n -o-f -t-h-e -r-e-s-t-o-r-a-t-i-o-n-, +-p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -1-, -o-f -W-a-s-h-i-n-g-t-o-n +-S-q-u-a-r-e -(-a-s -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p +-r-e-f-e-r-r-e-d -t-o -i-n -s-e-c-t-i-o-n -1-)-, -t-h-e +-S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -i-s +-a-u-t-h-o-r-i-z-e-d -t-o -e-n-t-e-r -i-n-t-o -a -l-e-a-s-e +-a-g-r-e-e-m-e-n-t -w-i-t-h -t-h-e -c-i-t-y -o-f +-P-h-i-l-a-d-e-l-p-h-i-a -f-o-r -t-h-e -l-e-a-s-e -o-f -s-u-c-h +-a-r-e-a -t-o -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e-, -a-n-d +-t-h-e -S-e-c-r-e-t-a-r-y -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-o-d-i-f-y +-t-h-e -b-o-u-n-d-a-r-i-e-s -o-f -I-n-d-e-p-e-n-d-e-n-c-e +-N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c-a-l -P-a-r-k -t-o -i-n-c-l-u-d-e +-s-u-c-h -a-r-e-a -w-i-t-h-i-n -s-u-c-h -b-o-u-n-d-a-r-i-e-s-, -a-n-d +-t-o -p-r-o-v-i-d-e -f-o-r -t-h-e -a-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f +-s-u-c-h -a-r-e-a -a-s -p-a-r-t -o-f -s-u-c-h -P-a-r-k-. + +SECTION 1. RESTORATION OF WASHINGTON SQUARE. + + (a) Restoration.--The Secretary of the Interior (acting through the +Director of the National Park Service) is authorized to provide a grant +to the City of Philadelphia to undertake the restoration of the area +known as Washington Square, as depicted on the map numbered 391-80,016 +and dated September 1994. Such grant may not be used to fund more than +66.6 percent of the costs of such restoration. The grant shall be +conditioned on the conduct of such restoration in accordance with such +standards as may be established by the Secretary in order to facilitate +the inclusion of the square in Independence National Historical Park +pursuant to section 2 of this Act. Such standards shall provide for the +use of the most cost-efficient design and materials that are both +consistent with the historical values of the square and suitable for +inclusion in Independence National Historical Park. The grant shall +also be conditioned upon the entrance by the city into a memorandum of +understanding with the Secretary with respect to the long-term lease +and administration of the square. + (b) Offset of Funding.--Any Federal funds, other than those +authorized to be appropriated under this Act, that are appropriated for +the purpose of restoring Washington Square (as depicted on the map +referred to in subsection (a)) shall be used to offset any funds made +available to the National Park Service pursuant to this Act. + (c) Authorization of Appropriations.--There is authorized to be +appropriated for the purposes of this section not more than $2,600,000 +for the fiscal year 1995. + +SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK. + + Upon completion of the restoration, pursuant to section 1, of +Washington Square (as depicted on the map referred to in section 1), +the Secretary of the Interior is authorized to enter into a lease +agreement with the city of Philadelphia for the lease of such area to +the National Park Service for an amount not to exceed $1 per year, and +to acquire such area or an interest in the area by donation, and the +Secretary is authorized to modify the boundaries of Independence +National Historical Park to include such area within such boundaries, +and to provide for the administration of such area as part of such +Park. + +SEC. 3. ROLE OF CITY OF PHILADELPHIA. + + In accordance with the terms set forth in the Memorandum of +Understanding signed by the Department of the Interior, the city of +Philadelphia, and the Fairmount Park Commission and dated November 25, +1991, and as a condition of receiving the grant referred to in section +1(a), the city of Philadelphia shall provide, without cost to the +Federal Government, services for Washington Square (as depicted on the +map referred to in section 1) with respect to electricity, natural gas, +water and sewer, curbside garbage collection of bagged trash or receipt +of hauled trash at a city collection point, and police services +comparable to those provided in the surrounding community.","Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. +Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year; (2) acquire such Square or an interest in it by donation; (3) modify the Park's boundaries to include the Square; and (4) provide for the administration of the Square as part of the Park. +Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.","To provide for the restoration of Washington Square in Philadelphia and for its inclusion within Independence National Historical Park, and for other purposes."," This text discusses the restoration of Washington Square in Philadelphia and its potential inclusion within Independence National Historical Park. The Secretary of the Interior is authorized to provide a grant to the City of Philadelphia for the restoration project, with certain conditions. Upon completion of the restoration, the Secretary may enter into a lease agreement with the city for the area to be leased to the National Park Service for an amount not exceeding $1 per year. The city of Philadelphia is required to provide certain services for Washington Square without cost to the Federal Government as a condition for receiving the grant." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hydrographic Services Improvement +Act Amendments of 2008''. + +SEC. 2. DEFINITIONS. + + Section 302 of the Hydrographic Services Improvement Act of 1998 +(33 U.S.C. 892) is amended-- + (1) by amending paragraph (3) to read as follows: + ``(3) Hydrographic data.--The term `hydrographic data' + means information that-- + ``(A) is acquired through-- + ``(i) hydrographic, bathymetric, + photogrammetric, lidar, radar, remote sensing, + or shoreline and other ocean- and coastal- + related surveying; + ``(ii) geodetic, geospatial, or geomagnetic + measurements; + ``(iii) tide, water level, and current + observations; or + ``(iv) other methods; and + ``(B) is used in providing hydrographic + services.''; + (2) by amending paragraph (4)(A) to read as follows: + ``(A) the management, maintenance, interpretation, + certification, and dissemination of bathymetric, + hydrographic, shoreline, geodetic, geospatial, + geomagnetic, and tide, water level, and current + information, including the production of nautical + charts, nautical information databases, and other + products derived from hydrographic data;''; and + (3) by striking paragraph (5). + +SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. + + Section 303 of the Hydrographic Services Improvement Act of 1998 +(33 U.S.C. 892a) is amended-- + (1) in subsection (a)-- + (A) by striking ``the Act of 1947,'' and inserting + ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et + seq.)''; and + (B) in paragraph (1) by striking ``data;'' and + inserting ``data and provide hydrographic services;''; + (2) in subsection (b)-- + (A) by striking ``the Act of 1947,'' and inserting + ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et + seq.)''; + (B) in paragraph (3) by striking ``title IX of the + Federal Property and Administrative Services Act of + 1949; and'' and inserting ``subchapter VI of chapter 10 + of title 40, United States Code;''; + (C) in paragraph (4) by striking the period and + inserting ``; and''; and + (D) by adding at the end the following: + ``(5) may create, support, and maintain a Joint + Hydrographic Institute.''; and + (3) by striking subsection (c) and inserting the following: + ``(c) Acquisition of Hydrographic Data and Provide Hydrographic +Services.--To the extent that it does not detract from the promotion of +safe and efficient navigation, the Administrator may acquire +hydrographic data and provide hydrographic services to-- + ``(1) support the conservation and management of coastal + and ocean resources; + ``(2) save and protect life and property; + ``(3) support the resumption of commerce in response to + emergencies, natural disasters, and man-made disasters; and + ``(4) meet homeland security and maritime domain awareness + needs, including carrying out mission assignments (as that term + is defined in section 641 of the Post-Katrina Emergency + Management Reform Act of 2006 (6 U.S.C. 741).''. + +SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL. + + Section 305 of the Hydrographic Services Improvement Act of 1998 +(33 U.S.C. 892c) is amended-- + (1) in subsection (c)(1)(A) by striking ``Director'' and + inserting ``Co-directors''; + (2) in subsections (c)(1)(C), (c)(3), and (e) by striking + ``Secretary'' each place it appears and inserting + ``Administrator''; and + (3) by amending subsection (d) to read as follows: + ``(d) Compensation.--Voting members of the panel shall be +reimbursed for actual and reasonable expenses, including travel and per +diem, incurred in the performance of duties for the panel.''. + +SEC. 5. AUTHORIZATION OF APPROPRIATIONS. + + Section 306 of the Hydrographic Services Improvement Act of 1998 +(33 U.S.C. 892d) is amended to read as follows: + +``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. + + ``There are authorized to be appropriated to the Administrator the +following: + ``(1) To carry out nautical mapping and charting functions + under sections 303 and 304, except for conducting hydrographic + surveys-- + ``(A) $55,000,000 for fiscal year 2009; + ``(B) $56,000,000 for fiscal year 2010; + ``(C) $57,000,000 for fiscal year 2011; and + ``(D) $58,000,000 for fiscal year 2012. + ``(2) To contract for hydrographic surveys under section + 303(b)(1), including the leasing or time chartering of + vessels-- + ``(A) $32,130,000 for fiscal year 2009; + ``(B) $32,760,000 for fiscal year 2010; + ``(C) $33,390,000 for fiscal year 2011; and + ``(D) $34,020,000 for fiscal year 2012. + ``(3) To operate hydrographic survey vessels owned by the + United States and operated by the Administration-- + ``(A) $25,900,000 for fiscal year 2009; + ``(B) $26,400,000 for fiscal year 2010; + ``(C) $26,900,000 for fiscal year 2011; and + ``(D) $27,400,000 for fiscal year 2012. + ``(4) To carry out geodetic functions under this title-- + ``(A) $32,640,000 for fiscal year 2009; + ``(B) $32,280,000 for fiscal year 2010; + ``(C) $33,920,000 for fiscal year 2011; and + ``(D) $34,560,000 for fiscal year 2012. + ``(5) To carry out tide and current measurement functions + under this title-- + ``(A) $27,000,000 for fiscal year 2009; + ``(B) $27,500,000 for fiscal year 2010; + ``(C) $28,000,000 for fiscal year 2011; and + ``(D) $28,500,000 for fiscal year 2012. + ``(6) To acquire a replacement hydrographic survey vessel + capable of staying at sea continuously for at least 30 days + $75,000,000.''. + +SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW. + + The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is +amended by adding at the end the following: + +``SEC. 11. SHORT TITLE. + + ``This Act may be cited as the `Coast and Geodetic Survey Act'.''. + + Passed the House of Representatives March 31, 2008. + + Attest: + + LORRAINE C. MILLER, + + Clerk.","Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of ""hydrographic data"" to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of ""hydrographic services"" to include shoreline and water level information. + +Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute. + +Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. (Current law only authorizes the Administrator to use hydrographic data and services to support the conservation and management of coastal and ocean resources.) + +Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. + +Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel. + + Amends the Act of August 6, 1947, to give it the name ""Coast and Geodetic Survey Act.""","To reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes."," The Hydrographic Services Improvement Act Amendments of 2008 aims to improve hydrographic services by amending definitions, expanding the Administrator's functions, establishing a Hydrographic Services Review Panel, and authorizing appropriations for various activities. The amendments include updates to definitions of hydrographic data and the management of hydrographic services. The Administrator's functions are expanded to include creating and maintaining a Joint Hydrographic Institute and providing hydrographic services for various purposes such as conservation, safety, disaster response, and homeland security. The Hydrographic Services Review Panel is updated to include voting members reimbursed for expenses. Finally, appropriations are authorized for various activities including nautical mapping, contracting for hydrographic surveys, operating survey vessels, geodetic functions, tide and current measurements, and acquiring a replacement hydrographic survey vessel." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans Equal Treatment Act''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) The Veterans Equitable Resource Allocation (VERA) + formula, established by the Department of Veterans Affairs + pursuant to section 429 of the Departments of Veterans Affairs + and Housing and Urban Development, and Independent Agencies + Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), + has proved to be an ineffective means of allocating veterans + medical care dollars fairly across the 22 national service + regions, known as Veterans Integrated Service Networks (VISNs), + of the Department of Veterans Affairs. + (2) The VERA formula has resulted in a system of + inequitable care at veterans hospitals in different regions of + the country. + (3) The VERA formula has resulted in a system in which + veterans in some regions of the country are forced to compete + with veterans in other regions for critical medical care + funding, when the system should be providing funding for + medical care for all veterans, regardless of where they live, + to ensure that all veterans have access to the level and + quality of medical care that they have all earned and deserve. + (4) The VERA formula should be replaced with a new funding + formula that puts the funds provided to the Department of + Veterans Affairs for medical care into the Department of + Veterans Affairs Medical Centers that are treating patients. + +SEC. 3. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR + DEPARTMENT OF VETERANS AFFAIRS. + + (a) Termination of Vera Formula.--The funding allocation formula +for the Department of Veterans Affairs medical care system known as the +Veterans Equitable Resource Allocation system, established pursuant to +section 429 of the Department of Veterans Affairs pursuant to section +429 of the Departments of Veterans Affairs and Housing and Urban +Development, and Independent Agencies Appropriations Act, 1997 (Public +Law 104-204; 110 Stat. 2929), shall be discontinued by the Secretary of +Veterans Affairs effective at the end of the fiscal year during which +this Act is enacted. + (b) Development of Replacement Formula.--The Secretary of Veterans +Affairs shall develop a new formula for the allocation of funds +appropriated to the Department of Veterans Affairs for Medical Care to +the national service regions, known as Veterans Integrated Service +Networks (VISNs), of the Department. In developing such formula, the +Secretary shall take the following requirements into account: + (1) For any fiscal year for which the amount appropriated + for Medical Care is an increase from the preceding year, the + funding level provided under the new formula to any VISN may + not be less than the amount provided for the preceding year. + (2) The new formula shall take into account additional + costs incurred by a VISN due to any of the following factors at + that VISN being in excess of the median for all VISNs: + (A) The number of veterans moving into the + geographic area of that VISN. + (B) The median age of veterans in that VISN. + (C) The number of veterans in that VISN requiring + complex care or nursing home care. + (D) The age of Department health care facilities in + that VISN. + (c) Transition Formula.--If as of the date specified in subsection +(a) for the termination of the funding allocation formula referred to +in that subsection the Secretary of Veterans Affairs has not +implemented a replacement funding allocation formula in accordance with +subsection (b), then effective as of that date and until such +replacement funding allocation formula is implemented, the funding +allocation formula to be applied to amounts appropriated for veterans +medical care shall be the formula in effect before the formula referred +to in subsection (a). + +SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. + + (a) Authorization of Appropriations for Replacement Allocation +Formula.--There is authorized to be appropriated to the Department of +Veterans Affairs for fiscal year 2004, $10,000,000 for development and +implementation of a replacement funding allocation formula in +accordance with section 3(b). + (b) Additional Authorization of Appropriations for Medical Care.-- +There is authorized to be appropriated to the Department of Veterans +Affairs for fiscal year 2004, $100,000,000 for ``Medical Care'' for the +Department of Veterans Affairs. Such amount is in addition to any other +amount authorized to be appropriated to the Department of Veterans +Affairs for fiscal year 2004 and shall be allocated by the Secretary of +Veterans Affairs to the national service regions, known as Veterans +Integrated Service Networks (VISNs), of the Department of Veterans +Affairs on the basis of need, as follows: + (1) First, to the VISN that has experienced the greatest + reduction in funding from the funding levels for fiscal year + 1997. + (2) Second, to any other VISN that has experienced an + overall funding decrease during the six-fiscal-year period + beginning with fiscal year 1997. + (3) Third, if any amount appropriated pursuant to such + authorization remains after allocations pursuant to paragraphs + (1) and (2), such amount shall be allocated equally among the + remaining 22 VISNs before implementation of the new formula.","Veterans Equal Treatment Act - Requires the Secretary of Veterans Affairs to: (1) discontinue the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system at the end of the fiscal year in which this Act is enacted; and (2) develop a new formula for the allocation of funds to the national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs.Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions.","A bill to require the Secretary of Veterans Affairs to replace with a more equitable formula the current formula, known as the Veterans Equitable Resource Allocation (VERA), for the allocation of funds appropriated to the Department of Veterans Affairs for medical care to different geographic regions of the Nation, and for other purposes."," The Veterans Equal Treatment Act aims to address the inefficiencies of the Veterans Equitable Resource Allocation (VERA) formula in allocating medical care dollars fairly across Veterans Integrated Service Networks (VISNs) within the Department of Veterans Affairs (VA). The Act seeks to replace the VERA formula with a new funding formula that ensures funds are allocated to VA Medical Centers treating patients. The Secretary of Veterans Affairs is required to develop this new formula, taking into account additional costs incurred by VISNs due to factors such as the number of veterans moving into the area, median age of veterans, number of veterans requiring complex care or nursing home care, and age of healthcare facilities. The Act authorizes appropriations for the development and implementation of this new formula and additional funding for VA Medical Care for fiscal year 2004." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``International Clean Development +Technology Fund Act of 2008''. + +SEC. 2. PURPOSE. + + The purpose of this Act is to promote and to leverage private +financing for the development and international deployment of +technologies that will contribute to sustainable economic growth and +the stabilization of greenhouse gas concentrations in the atmosphere at +a level that would prevent dangerous anthropogenic interference with +the climate system. + +SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND. + + (a) Establishment.--There is established in the Treasury of the +United States a fund to be known as the International Clean Development +Technology Fund (in this Act referred to as the ``Fund''). + (b) Deposits to Fund.--The Fund shall consist of-- + (1) amounts appropriated pursuant to the authorization of + appropriations under section 8; and + (2) any amounts as are or may be appropriated, transferred, + or credited to such Fund under any other provisions of law. + (c) Expenditures From Fund.--Amounts in the Fund shall be available +to the International Clean Development Technology Deployment Board +established under section 4 for the purposes described under section 5, +and shall remain available until expended. + +SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD. + + (a) Establishment.--Not later than 90 days after the date of the +enactment of this Act, the President shall establish an International +Clean Development Technology Board (in this Act referred to as the +``Board''). + (b) Composition.--The Board shall be composed of-- + (1) the Secretary of State, who shall act as the chair of + the Board; + (2) the Secretary of the Treasury; + (3) the Secretary of Energy; + (4) the Secretary of Commerce; + (5) the Administrator of the Environmental Protection + Agency; + (6) the Administrator of the United States Agency for + International Development; + (7) the United States Trade Representative; and + (8) other officials as determined appropriate by the + President. + (c) Administration of International Clean Development Technology +Fund.--The Board shall administer the International Clean Development +Technology Fund ensuring that-- + (1) funds are deployed in a manner that best promotes the + participation of, and investments by, the private sector; + (2) funds are allocated in a manner consistent with + commitments by the United States under international climate + change agreements; + (3) funds achieve the greatest greenhouse gas emissions + mitigations with the lowest possible cost, consistent with + paragraphs (1) and (2); and + (4) assistance is targeted at reducing or eliminating the + increased costs associated with deploying clean technologies in + place of traditional technologies. + +SEC. 5. AUTHORIZATION OF ASSISTANCE. + + (a) Assistance.--The Board, acting through the Secretary of State, +may use the Fund to provide assistance under this section to qualified +entities to support the purposes of this Act. + (b) Form of Assistance.-- + (1) In general.--Assistance under this section shall be + provided-- + (A) as direct assistance in the form of grants, + concessional loans, cooperative agreements, contracts, + insurance, or loan guarantees to or with qualified + entities; + (B) as indirect assistance to such entities + through-- + (i) funding for international clean + technology funds supported by multilateral + institutions; + (ii) support from development and export + promotion assistance programs of the United + States Government; or + (iii) support from international technology + programs of the Department of Energy; or + (C) in such other forms as the Board may determine + appropriate. + (2) Oversight by secretary of the treasury of assistance + for multilateral trust funds.--In the case of assistance + provided under paragraph (1)(B)(i) for a clean technology fund + or similar fund that is a multilateral trust fund based at the + World Bank, the Secretary of the Treasury shall use the voice, + vote, and influence of the United States to promote-- + (A) the use of the assistance in accordance with + the purposes of this Act; and + (B) a requirement that no single country be + eligible to receive more than 15 percent of the funds + awarded by such a fund in any three year period. + (c) Use of Funds.--Assistance provided under this Act may be used +for one or more of the following purposes: + (1) Funding for capacity building programs, including-- + (A) developing and implementing methodologies and + programs for measuring and quantifying greenhouse gas + emissions and verifying emissions mitigations; + (B) assessing technology and policy options for + greenhouse gas emissions mitigations; and + (C) providing other forms of technical assistance + to facilitate the qualification for, and receipt of, + program funding under this Act. + (2) Funding for technology programs to mitigate greenhouse + gas emissions in eligible countries. + (d) Qualified Entities.--A qualified entity referred to in this +section is-- + (1) the national government of an eligible country; + (2) a regional or local governmental unit of an eligible + country; or + (3) a nongovernmental organization or a private entity + located or operating in an eligible country. + (e) Selection of Projects.-- + (1) In general.--The Board shall be responsible for + selecting qualified entities to receive assistance under this + section. + (2) Notice and wait requirement.--Assistance may not be + provided under this section until 30 days after the Board + notifies the appropriate congressional committees of the + proposed assistance, including-- + (A) in the case of a capacity building program-- + (i) a description of the capacity building + program to be funded through such assistance; + (ii) the terms and conditions of such + assistance; and + (iii) a description of how the capacity + building program will contribute to the + purposes of this Act; or + (B) in the case of a technology program-- + (i) a description of the technology program + to be funded through such assistance; + (ii) the terms and conditions of such + assistance; + (iii) an estimate of the additional amount + of greenhouse gas emissions mitigations + expected due to the use of such assistance; and + (iv) a description of how the technology + program will contribute to the purposes of this + Act. + (f) Participation by Governmental Entities.--In providing +assistance under this Act to a national government or to a regional or +local governmental unit, the Board should require as a condition of the +assistance that such governmental entity make appropriate financial +contributions to the budget of the project being funded, and that the +project be part of an overall national, regional, or local strategy for +the deployment of clean technology. + +SEC. 6. ELIGIBLE COUNTRIES. + + (a) Determination by the President.--The Board shall determine +whether a country is eligible for technology program assistance under +this Act based on the criteria in subsection (b). + (b) Criteria.--A country shall be considered to be eligible for +purposes of this Act if-- + (1) the country is eligible to receive official development + assistance according to the guidelines of the Development + Assistance Committee of the Organization for Economic Co- + operation and Development; and + (2)(A) the country has made a binding commitment, pursuant + to an international agreement to which the United States is a + party, to undertake actions to produce measurable, reportable, + and verifiable greenhouse gas emissions mitigations; or + (B) the Board determines and certifies to the appropriate + congressional committees that the country has in force binding + national policies and measures capable of producing measurable, + reportable, and verifiable greenhouse gas emissions + mitigations. + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the Board shall submit to the appropriate +congressional committees a report outlining the criteria to be used to +determine whether a country is eligible for assistance under this Act +pursuant to subsection (b)(2)(B). + +SEC. 7. ANNUAL REPORT. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, and annually thereafter, the Board shall submit +to the appropriate congressional committees a report on assistance +provided under this Act. + (b) Content.--Each report submitted under subsection (a) shall +include a description of assistance provided during the reporting +period, including-- + (1) the aggregate amount of assistance provided for + capacity building initiatives and technology deployment + initiatives; and + (2) a description of each initiative funded through such + assistance, including the amount of assistance provided, the + terms and conditions of such assistance, and the anticipated + reductions in greenhouse gas emissions to be achieved as a + result of technology deployment initiatives. + (c) Performance Evaluations of Supported Multilateral Trust +Funds.--The reports submitted under subsection (a) shall provide for +the independent evaluation, not less frequently than once every three +years, of the performance of each international clean technology fund +provided assistance pursuant to section 5(b)(1)(B)(i). + +SEC. 8. AUTHORIZATION OF APPROPRIATIONS. + + There is authorized to be appropriated a total of $2,000,000,000 +for fiscal years 2009 through 2011 to carry out this Act. + +SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. + + In this Act, the term ``appropriate congressional committees'' +means-- + (1) the Committee on Foreign Relations, the Committee on + Finance, the Committee on Energy and Natural Resources, the + Committee on Environment and Public Works, and the Committee on + Appropriations of the Senate; and + (2) the Committee on Foreign Affairs, the Committee on Ways + and Means, the Committee on Energy and Commerce, the Committee + on Natural Resources, the Committee on Financial Services, and + the Committee on Appropriations of the House of + Representatives. + +SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE. + + Nothing in this Act shall be construed to alter or affect +authorities of the Secretary of State under-- + (1) title V of the Foreign Relations Authorization Act, + Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.); + or + (2) section 622(c) of the Foreign Assistance Act of 1961 + (22 U.S.C. 2382(c)).",International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments; and (2) greenhouse gas emissions mitigation in eligible countries.,"A bill to promote the international deployment of clean technology, and for other purposes."," The International Clean Development Technology Fund Act of 2008 aims to promote private financing for the development and international deployment of technologies that contribute to sustainable economic growth and stabilize greenhouse gas concentrations in the atmosphere. The Act establishes an International Clean Development Technology Board to administer the International Clean Development Technology Fund. The Board is responsible for selecting qualified entities to receive assistance and ensuring that funds are deployed to promote private sector participation, align with U.S. commitments under international climate change agreements, achieve cost-effective greenhouse gas emissions mitigations, and target cost reductions for clean technology deployment. Assistance can be provided through direct grants, loans, cooperative agreements, insurance, or loan guarantees to qualified entities. Eligible countries are determined based on their eligibility for official development assistance and their commitment to greenhouse gas emissions mitigations. The Board must submit annual reports on assistance provided under the Act to appropriate congressional committees." +"Described.-- + (1) In general.--For purposes of subsection (a)(1), a joint + resolution is described in this paragraph if it is a joint + resolution of the two Houses of Congress and the matter after + the resolving clause of such a joint resolution is as follows: + ``That the Congress authorizes and directs the United States + Trade Representative to undertake negotiations to amend or + modify the rules and procedures of the Understanding on Rules + and Procedures Governing the Settlement of Disputes relating to + XX with respect to the affirmative determination submitted to + the Congress by the WTO Dispute Settlement Review Commission on + XX,'' the first blank space being filled with the specific + rules and procedures with respect to which Trade Representative + is to undertake negotiations and the second blank space being + filled with the date of the affirmative determination submitted + to the Congress by the Commission pursuant to section 4(b) + which has given rise to the joint resolution. + (2) Withdrawal resolution.--For purposes of subsection + (a)(2), a joint resolution is described in this paragraph if it + is a joint resolution of the two Houses of Congress and the + matter after the resolving clause of such joint resolution is + as follows: ``That the Congress authorizes and directs the + United States Trade Representative to undertake negotiations to + amend or modify the rules and procedures of the Understanding + on Rules and Procedures Governing the Settlement of Disputes + relating to XX with respect to the affirmative report submitted + to the Congress by the WTO Dispute Settlement Review Commission + on XX and if such negotiations do not result in a solution that + the Trade Representative, by XX, certifies to the Congress is + satisfactory, the Congress withdraws its approval, provided + under section 101(a) of the Uruguay Round Agreements Act, of + the WTO Agreement as defined in section 2(9) of the Act'', the + first blank space being filled with the specific rules and + procedures with respect to which the Trade Representative is to + undertake negotiations, the second blank space being filled + with the date of the affirmative determination submitted to the + Congress by the Commission pursuant to section 4(b) which has + given rise to the joint resolution, and the third blank space + being filled with the date the Congress withdraws its approval + of the WTO Agreement. + (c) Procedural Provisions.-- + (1) In general.--The requirements of this subsection are + met if the joint resolution is enacted in accordance with this + subsection, and-- + (A) in the case of a joint resolution described in + subsection (b)(1), the Congress adopts and transmits + the joint resolution to the President before the end of + the 90-day period (excluding any day described in + section 154(b) of the Trade Act of 1974) beginning on + the date on which the Congress receives an affirmative + determination from the Commission described in section + 4(b), or + (B) in the case of a joint resolution described in + subsection (b)(2), the Commission has made 3 + affirmative determinations described in section 4(b) + during a 5-year period, and the Congress adopts and +transmits the joint resolution to the President before the end of the +90-day period (excluding any day described in section 154(b) of the +Trade Act of 1974) beginning on the date on which the Congress receives +the third such affirmative determination. + (2) Presidential veto.--In any case in which the President + vetoes the joint resolution, the requirements of this + subsection are met if each House of Congress votes to override + that veto on or before the later of the last day of the 90-day + period referred to in subparagraph (A) or (B) of paragraph (1), + whichever is applicable, or the last day of the 15-day period + (excluding any day described in section 154(b) of the Trade Act + of 1974) beginning on the date on which the Congress receives + the veto message from the President. + (3) Introduction.-- + (A) Time.--A joint resolution to which this section + applies may be introduced at any time on or after the + date on which the Commission transmits to the Congress + an affirmative determination described in section 4(b), + and before the end of the 90-day period referred to in + subparagraph (A) or (B) of paragraph (1), as the case + may be. + (B) Any member may introduce.--A joint resolution + described in subsection (b) may be introduced in either + House of the Congress by any Member of such House. + (4) Expedited procedures.-- + (A) General rule.--Subject to the provisions of + this subsection, the provisions of subsections (b), + (d), (e), and (f) of section 152 of the Trade Act of + 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to + joint resolutions described in subsection (b) to the + same extent as such provisions apply to resolutions + under such section. + (B) Report of discharge of committee.--If the + committee of either House to which a joint resolution + has been referred has not reported it by the close of + the 45th day after its introduction (excluding any day + described in section 154(d) of the Trade Act of 1974), + such committee shall be automatically discharged from + further consideration of the joint resolution and it + shall be placed on the appropriate calendar. + (C) Finance and ways and means committees.--It is + not in order for-- + (i) the Senate to consider any joint + resolution unless it has been reported by the + Committee on Finance or the committee has been + discharged under subparagraph (B); or + (ii) the House of Representatives to + consider any joint resolution unless it has + been reported by the Committee on Ways and + Means or the committee has been discharged + under subparagraph (B). + (D) Special rules for house.--A motion in the House + of Representatives to proceed to the consideration of a + joint resolution may only be made on the second + legislative day after the calendar day on which the + Member making the motion announces to the House his or + her intention to do so. + (5) Consideration of second resolution not in order.--It + shall not be in order in either the House of Representatives or + the Senate to consider a joint resolution (other than a joint + resolution received from the other House), if that House has + previously adopted a joint resolution under this section + relating to the same matter. + (d) Rules of House of Representatives and Senate.--This section is +enacted by the Congress-- + (1) as an exercise of the rulemaking power of the House of + Representatives and the Senate, respectively, and as such is + deemed a part of the rules of each House, respectively, and + such procedures supersede other rules only to the extent that + they are inconsistent with such other rules; and + (2) with the full recognition of the constitutional right + of either House to change the rules (so far as relating to the + procedures of that House) at any time, in the same manner, and + to the same extent as any other rule of that House. + +SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS. + + (a) In General.--If the United States Trade Representative, in +proceedings before a dispute settlement panel or the Appellate Body of +the WTO, seeks-- + (1) to enforce United States rights under a multilateral + trade agreement; or + (2) to defend a challenged action or determination of the + United States Government; +a private United States person that is supportive of the United States +Government's position before the panel or Appellate Body and that has a +direct economic interest in the panel's or Appellate Body's resolution +of the matters in dispute shall be permitted to participate in +consultations and panel proceedings. The Trade Representative shall +issue regulations, consistent with subsections (b) and (c), ensuring +full and effective participation by any such private person. + (b) Access to Information.--The United States Trade Representative +shall make available to persons described in subsection (a) all +information presented to or otherwise obtained by the Trade +Representative in connection with a WTO dispute settlement proceeding. +The United States Trade Representative shall promulgate regulations +implementing a protective order system to protect information +designated by the submitting member as confidential. + (c) Participation in Panel Process.--Upon request from a person +described in subsection (a), the United States Trade Representative +shall-- + (1) consult in advance with such person regarding the + content of written submissions from the United States to the + WTO panel concerned or to the other member countries involved; + (2) include, where appropriate, such person or its + appropriate representative as an advisory member of the + delegation in sessions of the dispute settlement panel; + (3) allow such special delegation member, where such member + would bring special knowledge to the proceeding, to appear + before the panel, directly or through counsel, under the + supervision of responsibility United States Government + officials; and + (4) in proceedings involving confidential information, + allow appearance of such person only through counsel as a + member of the special delegation. + +SEC. 207. DEFINITIONS. + + For purposes of this Act: + (1) Appellate body.--The term ``Appellate Body'' means the + Appellate Body established under article 17.1 of the Dispute + Settlement Understanding. + (2) Adverse to the united states.--The term ``adverse to + the United States'' includes any report which holds any law, + regulation, or application thereof by a government agency to be + inconsistent with international obligations under a Uruguay + Round Agreement (or a nullification or impairment thereof), + whether or not there are other elements of the decision which + favor arguments made by the United States. + (3) Dispute settlement panel; panel.--The terms ``dispute + settlement panel'' and ``panel'' mean a panel established + pursuant to article 6 of the Dispute Settlement Understanding. + (4) Dispute settlement body.--The term ``Dispute Settlement + Body'' means the Dispute Settlement Body administering the + rules and procedures set forth in the Dispute Settlement + Understanding. + (5) Dispute settlement understanding.--The term ``Dispute + Settlement Understanding'' means the understanding on rules and + procedures governing the settlement of disputes referred to in + section 101(d)(16) of the Uruguay Round Agreements Act. + (6) Uruguay round agreement.--The term ``Uruguay Round + Agreement'' means any of the agreements described in section + 101(d) of the Uruguay Round Agreements Act. + (7) World trade organization; wto.--The term ``World Trade + Organization'' and ``WTO'' mean the organization established + pursuant to the WTO Agreement. + (8) WTO agreement.--The term ``WTO Agreement'' means the + Agreement Establishing the World Trade Organization entered + into on April 15, 1994.","TABLE OF CONTENTS: + Title I: NAFTA Renegotiation Act + Title II: WTO Dispute Settlement Review Commission Act +NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act - +Title I: NAFTA Renegotiation Act + - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations. +Title II: WTO Dispute Settlement Review Commission Act + - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body. +Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations. +Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute.",NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act," This text discusses the procedures for joint resolutions related to the United States Trade Representative's negotiations on rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes. It outlines the requirements for enacting joint resolutions, presidential vetoes, introduction timelines, and expedited procedures. Additionally, it addresses participation in WTO panel proceedings, access to information, and the role of the United States Trade Representative in ensuring full participation by private persons with direct economic interest in the resolution of disputes. Finally, it defines key terms such as Appellate Body, Dispute Settlement Panel, Dispute Settlement Body, Dispute Settlement Understanding, Uruguay Round Agreement, World Trade Organization, and WTO Agreement." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Minuteman Missile National Historic +Site Establishment Act of 1998''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds that-- + (1) the Minuteman II intercontinental ballistic missile + (hereinafter referred to as ``ICBM'') launch control facility + and launch facility known as ``Delta 1'' and ``Delta 9'', + respectively, have national significance as the best preserved + examples of the operational character of American history + during the Cold War; + (2) the facilities are symbolic of the dedication and + preparedness exhibited by the missileers of the Air Force + stationed throughout the upper Great Plains in remote and + forbidding locations during the Cold War; + (3) the facilities provide a unique opportunity to + illustrate the history and significance of the Cold War, the + arms race, and ICBM development; and + (4) the National Park System does not contain a unit that + specifically commemorates or interprets the Cold War. + (b) Purposes.--The purposes of this Act are-- + (1) to preserve, protect, and interpret for the benefit and + enjoyment of present and future generations the structures + associated with the Minuteman II missile defense system; + (2) to interpret the historical role of the Minuteman II + missile defense system in the broader context of the Cold War + and the role of the system as a key component of America's + strategic commitment to preserve world peace; and + (3) to complement the interpretive programs relating to the + Minuteman II missile defense system offered by the South Dakota + Air and Space Museum at Ellsworth Air Force Base. + +SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE. + + (a) Establishment.--(1) The Minuteman Missile National Historic +Site in the State of South Dakota (hereinafter referred to as the +``historic site'') is hereby established as a unit of the National Park +System. The historic site shall consist of lands and interests therein +comprising the following Minuteman II ICBM launch control facilities, +as generally depicted on the map referred to as ``Minuteman Missile +National Historic Site'', numbered 406/80,008 and dated September, +1998: + (A) An area surrounding the Minuteman II ICBM launch + control facility depicted as ``Delta 1 Launch Control + Facility''. + (B) An area surrounding the Minuteman II ICBM launch + control facility depicted as ``Delta 9 Launch Facility''. + (2) The map described in paragraph (1) shall be on file and +available for public inspection in the appropriate offices of the +National Park Service. + (3) The Secretary of the Interior (hereinafter referred to as the +``Secretary'') is authorized to make minor adjustments to the boundary +of the historic site. + (b) Administration of Historic Site.--The Secretary shall +administer the historic site in accordance with this Act and laws +generally applicable to units of the National Park System, including +the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, +1935 (16 U.S.C. 461-467). + (c) Coordination With Secretary of Defense.--The Secretary shall +consult with the Secretary of Defense and the Secretary of State, as +appropriate, to ensure that administration of the historic site is in +compliance with applicable treaties. + (d) Cooperative Agreements.--The Secretary may enter into +cooperative agreements with appropriate public and private entities and +individuals in furtherance of the purposes of this Act. + (e) Land Acquisition.--(1) Except as provided in paragraph (2), the +Secretary is authorized to acquire lands and interests therein within +the boundaries of the historic site by donation, purchase with donated +or appropriated funds, exchange or transfer from another Federal +agency: Provided, That lands or interests therein owned by the State of +South Dakota may only be acquired by donation or exchange. + (2) The Secretary shall not acquire any lands pursuant to this Act +if the Secretary determines that such lands, or any portion thereof, +are contaminated with hazardous substances (as defined in the +Comprehensive Environmental Response, Compensation and Liability Act +(42 U.S.C. 9601)), unless all remedial action necessary to protect +human health and the environment has been taken pursuant to such Act. + (f) General Management Plan.--(1) Within three years after the date +funds are made available, the Secretary shall prepare a general +management plan for the historic site. + (2) The plan shall include an evaluation of an appropriate location +for a visitor facility and administrative site within the areas +depicted as ``Support Facility Study Area--Alternative A'' or ``Support +Facility Study Area--Alternative B'' on the map referred to in +subsection (a). Upon a determination by the Secretary of the +appropriate location for such facilities, the boundaries of the +historic site shall be modified to include the selected site. + (3) In developing the plan, the Secretary shall consider +coordinating or consolidating appropriate administrative, management, +and personnel functions with Badlands National Park. + +SEC. 4. AUTHORIZATION OF APPROPRIATIONS. + + (a) In General.--There is authorized to be appropriated such sums +as may be necessary to carry out this Act. + (b) Air Force Funds.--The Secretary of the Air Force shall transfer +to the Secretary any funds specifically appropriated to the Air Force +for the maintenance, protection, or preservation of the facilities +described in section 3. Such funds shall be used by the Secretary for +establishing, operating, and maintaining the historic site. + (c) Legacy Resource Management Program.--Nothing in this Act +affects the use of any funds available for the Legacy Resource +Management Program being carried out by the Air Force that, before the +date of enactment of this Act, were directed to be used for resource +preservation and treaty compliance. + + Passed the Senate October 7 (legislative day, October 2), + 1998. + + Attest: + + GARY SISCO, + + Secretary.","Minuteman Missile National Historic Site Establishment Act of 1998 - Establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System consisting of lands and interests comprising the areas surrounding the Minuteman II ICBM launch control facilities known as Delta 1 and Delta 9. +Authorizes the Secretary to acquire lands and interests within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency. Prohibits the Secretary from acquiring any lands contaminated with hazardous substances, unless all remedial action necessary to protect human health and the environment has been taken. +Requires the Secretary to: (1) prepare a general management plan for the historic site, including an evaluation of a location for a visitor facility and administrative site; and (2) in developing the plan, to consider coordinating and consolidating administrative, management, and personnel function with Badlands National Park. +Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities.",Minuteman Missile National Historic Site Establishment Act of 1998," The Minuteman Missile National Historic Site Establishment Act of 1998 aims to preserve and interpret the structures associated with the Minuteman II missile defense system for future generations. The Act establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System. It outlines the administration of the site, coordination with the Secretary of Defense and State, cooperative agreements, land acquisition, general management plan, and authorization of appropriations. The site is intended to illustrate the history and significance of the Cold War, the arms race, and ICBM development, as well as complement interpretive programs offered by the South Dakota Air and Space Museum at Ellsworth Air Force Base." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans Accountability Act of +2013''. + +SEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL. + + (a) In General.--Subchapter I of chapter 5 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 518. Semiannual reports to Congress on cost of certain travel + ``(a) Semiannual Reports.--Not later than June 30, 2014, and not +later than 60 days after each 180-day period thereafter, the Secretary +shall submit to the Committee on Veterans' Affairs of the House of +Representatives and the Committee on Veterans' Affairs of the Senate a +semiannual report on covered travel made during the 180-day period +covered by the report. + ``(b) Matters Included.--Each report under subsection (a) shall +include the following: + ``(1) With respect to each instance of covered travel made + during the period covered by the report-- + ``(A) the purpose of such travel; + ``(B) the destination; + ``(C) the name and title of each employee included + on such travel; + ``(D) the duration of such travel; + ``(E) the total cost to the Department of such + travel; and + ``(F) with respect to covered travel described in + subsection (d)(2), the identity of the person or entity + that paid or reimbursed for such travel. + ``(2) The final costs to the Department with respect to all + covered travel made during the period covered by the report, + including costs relating to-- + ``(A) transportation, including fares for travel by + air, rail, bus, ferry, cruise ship, taxi, mass transit, + or other mode of transportation; + ``(B) expenses or reimbursements relating to + operating and maintaining a car, including the costs of + fuel and mileage; + ``(C) passport and visa fees; + ``(D) lodging; + ``(E) per diem payments; + ``(F) baggage charges; + ``(G) computer rental fees; + ``(H) rental of halls, auditoriums, or other + spaces; + ``(I) entertainment; + ``(J) contractors; + ``(K) registration fees; and + ``(L) promotional items. + ``(c) Duplicative Information.--Each report under subsection (a) +shall include the information described in subsection (b) regardless of +whether such information is also included in a report under section 517 +of this title. + ``(d) Covered Travel Defined.--In this section, the term `covered +travel' means travel made by an employee of the Department of Veterans +Affairs, including an employee who is stationed in a foreign country, +on official business to any of the following locations: + ``(1) If the Department or other element of the Federal + Government pays for such travel, a location outside of-- + ``(A) the several States; + ``(B) the District of Columbia; + ``(C) a territory, commonwealth, or possession of + the United States; + ``(D) Indian lands (as defined in section 4(4) of + the Indian Gaming Regulatory Act (25 U.S.C. 2703(4))); + or + ``(E) the territorial waters of the United States. + ``(2) If any person or entity other than the Federal + Government pays (or reimburses) for such travel, any location, + regardless of whether the location is inside or outside of the + United States.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding after the item relating to section +517 the following new item: + +``518. Semiannual reports to Congress on cost of certain travel.''. + +SEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF + DEPARTMENT OF VETERANS AFFAIRS. + + (a) In General.--Section 7311 of title 38, United States Code, is +amended by adding at the end the following new subsection: + ``(f)(1) The Secretary shall report to the appropriate entity each +case of a notifiable infectious disease or condition that is diagnosed +at a medical facility of the Department of Veterans Affairs in +accordance with the laws of the State in which the facility is located. + ``(2) In addition to reporting each case of a notifiable infectious +disease or condition at a medical facility of the Department pursuant +to paragraph (1), the Secretary shall report each such case that is +classified as a health-care-associated infection sentinel event to the +accrediting organization of such facility. + ``(3)(A) If the Secretary fails to report a case of a notifiable +infectious disease or condition at a medical facility of the Department +in accordance with State law pursuant to paragraph (1), the Secretary +shall-- + ``(i) take any remedial action required under the laws of + the State to correct such failure; and + ``(ii) if the Secretary does not correct such failure + pursuant to clause (i), pay to the State an amount equal to the + amount that a medical facility not owned by the Federal + Government that is located in the same State would pay as a + penalty to such State for such failure. + ``(B) The State may file a civil action against the Secretary in +the United States district court for the district in which the medical +facility is located to recover from the United States the amount +described in subparagraph (A)(ii). + ``(C) A civil action under subparagraph (B) may not be commenced +later than two years after the cause of action accrues. + ``(4)(A) In any case in which the Inspector General of the +Department suspects that a director of a Veterans Integrated Service +Network has failed to comply with an applicable provision of this +subsection, the Inspector General shall conduct an investigation to +determine whether such director failed to comply with an applicable +provision of this section. + ``(B) If the Inspector General determines under subparagraph (A) +that a director has failed to comply with a provision of this +subsection, the Secretary shall suspend such director for such period +as the Secretary considers appropriate under subchapter I or subchapter +II of chapter 75 of title 5, as the case may be. In addition to such +suspension, the Secretary may impose such other administrative +disciplinary action on the director as the Secretary considers +appropriate and for which the Secretary is otherwise authorized. + ``(5) The Secretary shall-- + ``(A) maintain records of each notifiable infectious + disease or condition reported pursuant to paragraph (1); and + ``(B) submit to the Committees on Veterans' Affairs of the + House of Representatives and the Senate a notification of each + such notifiable infectious disease or condition. + ``(6) In this subsection, the term `notifiable infectious disease +or condition' means any infectious disease or condition that is-- + ``(A) on the list of nationally notifiable diseases or + conditions published by the Council of State and Territorial + Epidemiologists and the Centers for Disease Control and + Prevention; or + ``(B) covered by a provision of law of a State that + requires the reporting of infectious diseases or conditions.''. + (b) Effective Date.--The reporting requirement under section +7311(f) of title 38, United States Code, as added by subsection (a), +shall apply with respect to a case of a notifiable infectious disease +or condition diagnosed at a medical facility of the Department of +Veterans Affairs on or after the date that is 60 days after the date of +the enactment of this Act. + +SEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT. + + Section 7331 of title 38, United States Code, is amended-- + (1) by striking ``The Secretary, upon'' and inserting ``(a) + In General.--The Secretary, upon''; and + (2) by adding at the end the following new subsection: + ``(b) Visual Recording.--(1) The Secretary shall prescribe +regulations establishing procedures to ensure that, except as provided +by paragraph (2), any visual recording made by the Secretary of a +patient during the course of furnishing care under this title is +carried out only with the full and informed consent of the patient or, +in appropriate cases, a representative thereof. + ``(2) The Secretary may waive the requirement for informed consent +under paragraph (1) with respect to the visual recording of a patient +if such recording is made-- + ``(A) pursuant to a determination by a physician or + psychologist that such recording is medically necessary or + necessary for the safety of the patient; + ``(B) pursuant to a warrant or order of a court of + competent jurisdiction; or + ``(C) in a public setting where a person would not have a + reasonable expectation to privacy, such as a waiting room or + hallway, and such recording is for general security purposes + not particularized to the patient. + ``(3) In this subsection, the term `visual recording' means the +recording or transmission of images or video, but does not include-- + ``(A) medical imaging, including such imaging produced by + radiographic procedures, nuclear medicine, endoscopy, + ultrasound, or other similar procedures; or + ``(B) images, video, and other clinical information + transmitted for the purposes of providing treatment through + telehealth and telemedicine technologies.''. + Amend the title so as to read: ``A bill to amend title 38, + United States Code, to direct the Secretary of Veterans Affairs + to submit to Congress semiannual reports on the cost of certain + travel made by employees of the Department of Veterans Affairs, + and for other purposes.''.","Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government; or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition (a disease or condition that a state requires to be reported) that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy (such as a waiting room or hallway) and the recording is for general security purposes not particularized to the patient.",Veterans Accountability Act of 2013, The Veterans Accountability Act of 2013 is an act that aims to improve transparency and accountability within the Department of Veterans Affairs (VA). It requires the Secretary of Veterans Affairs to submit semiannual reports to Congress on the cost of certain travel made by VA employees. The act also mandates reporting of infectious diseases or conditions diagnosed at VA medical facilities and prohibits visual recording without informed consent. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicare HMO Protection Act of +1998''. + +SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. + + Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- +21(g)(3)) is amended by adding at the end the following: + ``(E) Authority to delay termination date.-- + ``(i) In general.--If a Medicare+Choice + organization terminates a plan under + subparagraph (B)(iii), the Secretary may delay + the effectiveness of such termination if the + Secretary determines that-- + ``(I) the termination would cause + an imminent and serious risk to the + health of individuals enrolled under + the plan under this part; + ``(II) the termination would result + in a significant reduction in the + Medicare+Choice plans that are + available in the area affected by the + termination; or + ``(III) the organization + terminating coverage is offering + Medicare+Choice plans in contract areas + that are in close proximity to the area + affected by the termination without + suffering considerable financial + losses. + In making the determination described in + subclause (III), the Secretary may audit and + inspect any books or records of the + organization pursuant to the authority provided + to the Secretary under section 1857(d). + ``(ii) End of delay.--The Secretary may end + a delay under clause (i), prior to the end of + the period established by the Secretary under + such clause, if the Secretary determines that + an adequate provider network has been + established which will provide at least an + equal level of insurance coverage as existed in + the area affected by the termination on the + date the Medicare+Choice organization informed + the Secretary of its intention to terminate the + contract. + ``(F) Authority to renegotiate contract.--If the + Secretary delays the effectiveness of a termination for + a period pursuant to subparagraph (E), the Secretary + and the Medicare+Choice organization terminating + coverage pursuant to subparagraph (B)(iii) may + negotiate during such period for a new contract under + section 1857 which will enable such organization to + continue such coverage. In negotiating such contract, + the Secretary shall ensure that beneficiaries are not + adversely affected by such contract.''. + +SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 + YEARS. + + (a) In General.--Section 1857(c)(1) of the Social Security Act (42 +U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 +year'' and inserting ``a term of at least 3 years''. + (b) Effective Date.--The amendment made by subsection (a) applies +to contracts entered into on or after the date of enactment of this +Act. + +SEC. 4. NOTICE OF TERMINATION. + + (a) In General.--Section 1857(d)(3) of the Social Security Act (42 +U.S.C. 1395w-27(d)(3)) is amended to read as follows: + ``(3) Enrollee notice at time of termination.-- + ``(A) In general.--Each contract under this section + shall require the organization to provide (and pay for) + written notice at least 120 days prior to the + contract's termination, as well as a description of + alternatives for obtaining benefits under this title, + to each individual enrolled with the organization under + this part. + ``(B) Description.--The description of alternatives + referred to in subparagraph (A) shall include a + description of-- + ``(i) all Medicare+Choice plans and + medicare supplemental policies available in the + area where the contract that is being + terminated is serving beneficiaries and the + costs of such plans and policies; and + ``(ii) the telephone number of local social + service agencies providing assistance to + medicare beneficiaries in such area.''. + (b) Effective Date.--The amendment made by subsection (a) applies +to any notice of termination which is provided on or after the date of +enactment of this Act.","Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses. +Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.",Medicare HMO Protection Act of 1998," The Medicare HMO Protection Act of 1998 aims to protect Medicare+Choice beneficiaries by amending the Social Security Act. It grants the Secretary authority to delay termination if it poses an imminent risk to health, causes significant reduction in available plans, or if the terminating organization offers plans nearby without significant financial losses. The Secretary can end the delay if an adequate provider network is established. The Act extends initial Medicare+Choice contract periods to three years and requires organizations to provide written notice at least 120 days before termination, along with a description of alternative plans and local social service agency contact information." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Investment Tax Incentive Act of +1993''. + +SEC. 2. DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE + IN TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1992. + + (a) In General.--Section 168 of the Internal Revenue Code of 1986 +(relating to accelerated cost recovery system) is amended by adding at +the end thereof the following new subsection: + ``(j) Deduction Adjustment To Allow Equivalent of Expensing For +Certain Property Placed in Service in Taxable Years Beginning After +December 31, 1992.-- + ``(1) In general.--In the case of tangible property placed + in service in a taxable year beginning after December 31, 1992, + the deduction allowable under this section with respect to such + property for any taxable year (after the taxable year during + which the property is placed in service) shall be-- + ``(A) the amount so allowable for such taxable year + without regard to this subsection, multiplied by + ``(B) the applicable neutral cost recovery ratio + for such taxable year. + For purposes of subparagraph (A), paragraphs (1) and (2) of + section 168(b) shall be applied by substituting `150 percent' + for `200 percent'. + ``(2) Applicable neutral cost recovery ratio.--For purposes + of paragraph (1), the applicable neutral cost recovery ratio + for any taxable year is the number determined by-- + ``(A) dividing-- + ``(i) the gross national product deflator + for the calendar quarter ending in such taxable + year which corresponds to the calendar quarter + during which the property was placed in service + by the taxpayer, by + ``(ii) the gross national product deflator + for the calendar quarter during which the + property was placed in service by the taxpayer, + and + ``(B) then multiplying the number determined under + subparagraph (A) by the number equal to 1.035 to the + nth power where `n' is the number of full years in the + period beginning on the 1st day of the calendar quarter + during which the property was placed in service by the + taxpayer and ending on the day before the beginning of + the corresponding calendar quarter ending during such + taxable year. + The applicable neutral cost recovery ratio shall not be taken + into account unless it is greater than 1. The applicable + neutral cost recovery ratio shall be rounded to the nearest + one-tenth of 1 percent. + ``(3) Gross national product deflator.--For purposes of + paragraph (2), the gross national product deflator for any + calendar quarter is the implicit price deflator for the gross + national product for such quarter (as shown in the first + revision thereof). + ``(4) Election not to have subsection apply.--This + subsection shall not apply to any property if the taxpayer + elects not to have this subsection apply to such property. Such + an election, once made, shall be irrevocable.'' + (b) Minimum Tax Treatment.--Paragraph (1) of section 56(a) of such +Code is amended by adding at the end thereof the following new +subparagraph: + ``(E) Use of Neutral Cost Recovery Ratio.--In the + case of tangible property placed in service in a + taxable year beginning after December 31, 1992, the + deduction allowable under this paragraph with respect + to such property for any taxable year (after the + taxable year during which the property is placed in + service) shall be-- + ``(i) the amount so allowable for such + taxable year without regard to this + subparagraph, multiplied by + ``(ii) the applicable neutral cost recovery + ratio for such taxable year (as determined + under section 168(j)). + This subparagraph shall not apply to any property with + respect to which there is an election in effect not to + have section 168(j) apply.'' + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 1992. + +SEC. 3. REPEAL OF SPECIAL DEPRECIATION RULES APPLICABLE UNDER THE + ADJUSTED CURRENT EARNINGS PROVISIONS OF THE MINIMUM TAX. + + (a) In General.--Subparagraph (A) of section 56(g)(4) of the +Internal Revenue Code of 1986 (relating to adjustments) is amended to +read as follows: + ``(A) Depreciation.-- + ``(i) In general.--The depreciation + deduction with respect to any property for any + taxable year beginning after December 31, 1992, + shall be the same as the depreciation deduction + allowable in computing alternative minimum + taxable income for such taxable year. + ``(ii) Basis rules.--Notwithstanding + subparagraph (I), the adjusted basis of any + depreciable property held by the taxpayer as of + the beginning of the taxpayer's first taxable + year beginning after December 31, 1992, shall + be determined as if the provisions of clause + (i) had also applied to taxable years beginning + in 1990, 1991, or 1992. + ``(iii) Lost basis recovered over 5 + years.--The amount determined under clause (iv) + shall be allowed as a deduction ratably over + the 60-month period beginning with the first + month of the taxpayer's first taxable year + beginning after December 31, 1992. + ``(iv) Amount of lost basis.--The amount + determined under this clause is the excess of-- + ``(I) the aggregate adjusted bases + of depreciable property held by the + taxpayer as of the beginning of the + taxpayer's first taxable year beginning + after December 31, 1992, which would + have been determined (as of such time) + under subparagraph (I) without regard + to clause (ii), over + ``(II) the aggregate adjusted bases + of such property (as of such time) as + determined under the rules of clause + (ii).'' + (b) Effective Date.--The amendment made by subsection (a) shall +apply to taxable years beginning after December 31, 1992.","Investment Tax Incentive Act of 1993 - Amends the Internal Revenue Code to allow the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1992. +Repeals the special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax.",Investment Tax Incentive Act of 1993," The Investment Tax Incentive Act of 1993 aims to amend the Internal Revenue Code of 1986 to adjust depreciation for certain property placed in service in taxable years beginning after December 31, 1992. It introduces a new subsection that modifies the deduction allowance for such property by multiplying it by the applicable neutral cost recovery ratio. The gross national product deflator is used to determine this ratio. The amendments apply to taxable years beginning after December 31, 1992. Additionally, the Act repeals special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fair Accountability and Innovative +Research Drug Pricing Act of 2016''. + +SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. + + Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) +is amended by adding at the end the following: + + ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND + +``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. + + ``(a) Definitions.--In this section: + ``(1) Average manufacturer price.--The term `average + manufacturer price' has the meaning given the term in section + 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r- + 8(k)(1)). + ``(2) Manufacturer.--The term `manufacturer' means the + person-- + ``(A) that holds the application for a drug + approved under section 505 of the Federal Food, Drug, + and Cosmetic Act or the license issued under section + 351 of the Public Health Service Act; or + ``(B) who is responsible for setting the price for + the drug. + ``(3) Qualifying drug.--The term `qualifying drug' means + any drug that is approved under subsection (c) or (j) of + section 505 of the Federal Food, Drug, and Cosmetic Act or + licensed under subsection (a) or (k) of section 351 of this + Act-- + ``(A) that is-- + ``(i)(I) subject to section 503(b)(1) of + the Federal Food, Drug, and Cosmetic Act; or + ``(II) commonly administered by hospitals + (as determined by the Secretary); + ``(ii) not designated as a drug for a rare + disease or condition under section 526 of the + Federal Food, Drug, and Cosmetic Act; and + ``(iii) not designated by the Secretary as + a vaccine; and + ``(B) for which, during the previous calendar year, + at least 1 dollar of the total amount of sales were for + individuals enrolled under the Medicare program under + title XVIII of the Social Security Act (42 U.S.C. 1395 + et seq.) or under a State Medicaid plan under title XIX + of such Act (42 U.S.C. 1396 et seq.) or under a waiver + of such plan. + ``(b) Report.-- + ``(1) Report required.--The manufacturer of a qualifying + drug shall submit a report to the Secretary for each price + increase of a qualifying drug that will result in an increase + in the average manufacturer price of that drug that is equal to + 10 percent or more over a 12-month period. + ``(2) Report deadline.--Each report described in paragraph + (1) shall be submitted to the Secretary not later than 30 days + prior to the planned effective date of such price increase. + ``(c) Contents.--A report under subsection (b) shall, at a minimum, +include-- + ``(1) with respect to the qualifying drug-- + ``(A) the percentage by which the manufacturer will + raise the average manufacturer price of the drug on the + planned effective date of such price increase; + ``(B) a justification for, and description of, each + manufacturer's price increase that occurred during the + 12-month period described in subsection (b)(1); + ``(C) the identity of the initial developer of the + drug; + ``(D) a description of the history of the + manufacturer's price increases for the drug since the + approval of the application for the drug under section + 505 of the Federal Food, Drug, and Cosmetic Act or the + issuance of the license for the drug under section 351, + or since the manufacturer acquired such approved + application or license; + ``(E) the current list price of the drug; + ``(F) the total expenditures of the manufacturer + on-- + ``(i) materials and manufacturing for such + drug; and + ``(ii) acquiring patents and licensing for + such drug; + ``(G) the percentage of total expenditures of the + manufacturer on research and development for such drug + that was derived from Federal funds; + ``(H) the total expenditures of the manufacturer on + research and development for such drug that is used + for-- + ``(i) basic and preclinical research; + ``(ii) clinical research; + ``(iii) new drug development; + ``(iv) pursuing new or expanded indications + for such drug through supplemental applications + under section 505 of the Federal Food, Drug, + and Cosmetic Act; and + ``(v) carrying out postmarket requirements + related to such drug, including those under + section 505(o)(3) of such Act; + ``(I) the total revenue and the net profit + generated from the qualifying drug for each calendar + year since the approval of the application for the drug + under section 505 of the Federal Food, Drug, and + Cosmetic Act or the issuance of the license for the + drug under section 351, or since the manufacturer + acquired such approved application or license; and + ``(J) the total costs associated with marketing and + advertising for the qualifying drug; + ``(2) with respect to the manufacturer-- + ``(A) the total revenue and the net profit of the + manufacturer for the 12-month period described in + subsection (b)(1); + ``(B) the amount the manufacturer has spent on + dividends and stock repurchases and the specific + metrics used by the manufacturer to determine executive + compensation, including any stock-based performance + metrics, for the 12-month period described in + subsection (b)(1); and + ``(C) any additional information the manufacturer + chooses to provide related to drug pricing decisions, + such as total expenditures on-- + ``(i) drug research and development; or + ``(ii) clinical trials on drugs that failed + to receive approval by the Food and Drug + Administration; and + ``(3) such other related information as the Secretary + considers appropriate. + ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that +fails to submit a report for the drug as required by this section shall +be subject to a civil penalty of $100,000 for each day on which the +violation continues. + ``(e) Compliance Determinations.--In determining whether a +manufacturer may have been required to submit a report under this +section, and otherwise making determinations about manufacturer +compliance with the requirements of this section, the Inspector General +of the Department of Health and Human Services shall annually review +and consider the average manufacturer price information submitted under +section 447.510 of title 42, Code of Federal Regulations, or any +successor regulations. + ``(f) Public Posting.-- + ``(1) In general.--Subject to paragraph (3), not later than + 30 days after the submission of a report under subsection (b), + the Secretary shall post the report on the public Web site of + the Department of Health and Human Services. + ``(2) Format.--In developing the format of such report for + public posting, the Secretary shall consult stakeholders, + including beneficiary groups, and shall seek feedback on the + content and format from consumer advocates and readability + experts to ensure such public reports are user-friendly to the + public and are written in plain language that consumers can + readily understand. + ``(3) Trade secrets and confidential information.--In + carrying out this section the Secretary shall ensure the + protection of confidential commercial information and trade + secrets.''. + +``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS. + + ``The Secretary shall collect the civil penalties under section +399OO, in addition to any other amounts available, and without further +appropriation, and shall use such funds to carry out activities +described in this part and to improve consumer and provider information +about drug value and drug price transparency. + +``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS. + + ``(a) In General.--Subject to subsection (b), the Secretary shall +submit to Congress, and post on the public Web site of the Department +of Health and Human Services in a way that is easy to use and +understand, an annual report-- + ``(1) summarizing the information reported pursuant to + section 399OO; and + ``(2) including copies of the reports and supporting + detailed economic analyses submitted pursuant to such section. + ``(b) Trade Secrets and Confidential Information.--In carrying out +this section the Secretary shall ensure the protection of confidential +commercial information and trade secrets.''.","Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses.",Fair Accountability and Innovative Research Drug Pricing Act of 2016," The Fair Accountability and Innovative Research Drug Pricing Act of 2016 aims to improve drug price transparency by requiring manufacturers of qualifying drugs to submit reports to the Secretary of Health and Human Services for each price increase that will result in an increase of 10% or more over a 12-month period. The report must include various details about the drug, its history of price increases, and the manufacturer's expenditures on research and development. Manufacturers who fail to submit reports may be subject to a civil penalty of $100,000 per day for each violation. The Secretary is required to post these reports on the Department of Health and Human Services' public website, ensuring that they are user-friendly and written in plain language. Civil penalty amounts collected by the Secretary must be used to improve consumer and provider information about drug value and drug price transparency." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Federal Employees Health Benefits +Access Act''. + +SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. + + (a) In General.--Chapter 89 of title 5, United States Code, is +amended by adding at the end the following: +``Sec. 8915. Provisions to require that benefits be extended to the + general public + ``(a) A contract may not be made or a plan approved unless the +carrier agrees to offer to the general public, throughout each term for +which the contract or approval remains effective, the same benefits +(subject to the same maximums, limitations, exclusions, and other +similar terms or conditions) as would be offered under such contract or +plan to employees and annuitants and their family members. + ``(b)(1) Premiums for coverage under this section shall be +established in conformance with such requirements as the Office of +Personnel Management shall by regulation prescribe, including +provisions to ensure conformance with generally accepted standards and +practices associated with community rating. + ``(2) In no event shall the enactment of this section result in-- + ``(A) any increase in the level of individual or Government + contributions required under section 8906 or any other + provision of this chapter, including copayments or deductibles; + ``(B) any decrease in the types of benefits offered under + this chapter; or + ``(C) any other change that would adversely affect the + coverage afforded under this chapter to employees and + annuitants and their family members. + ``(c) Benefits under this section shall, with respect to an +individual who is entitled to benefits under part A of title XVIII of +the Social Security Act, be offered (for use in coordination with those +Social Security benefits) to the same extent and in the same manner as +if coverage were under the preceding provisions of this chapter, rather +than under this section. + ``(d)(1) A carrier may file an application with the Office setting +forth reasons why it, or a plan provided by such carrier, should be +excluded from the requirements of this section. + ``(2) In reviewing any such application, the Office may consider +such factors as-- + ``(A) any bona fide enrollment restrictions which would + make the application of this section inappropriate, including + those common to plans which are limited to individuals having a + past or current employment relationship with a particular + agency or other authority of the Government; + ``(B) whether compliance with this section would jeopardize + the financial solvency of the plan or carrier, or otherwise + compromise its ability to offer health benefits under the + preceding provisions of this chapter; and + ``(C) the anticipated duration of the requested exclusion, + and what efforts the plan or carrier proposes to take in order + to be able to comply with this section. + ``(e) Except as the Office may by regulation prescribe, any +reference to this chapter (or any requirement of this chapter), made in +any provision of law, shall not be considered to include this section +(or any requirement of this section).''. + (b) Conforming Amendment.--The table of sections for chapter 89 of +title 5, United States Code, is amended by adding at the end the +following: + +``8915. Provisions to require that benefits be extended to the general + public.''. + +SEC. 3. STANDARDIZED CLAIMS PROCESSING. + + Section 8902 of title 5, United States Code, is amended by adding +at the end the following: + ``(o) A claim for payment or reimbursement under this chapter +(whether electronic or otherwise) shall be submitted on such a standard +form or in such a standard manner as may be required by the Office in +relation to health benefit plans. Each contract under this chapter +shall include appropriate provisions to carry out the preceding +sentence.''. + +SEC. 4. ADVANCE DIRECTIVES. + + Section 8907 of title 5, United States Code, is amended by adding +at the end the following: + ``(c) The Office shall-- + ``(1) prepare information relating to the use of advance + directives regarding the type or intensity of care which an + individual desires in the event that such individual becomes + unable to communicate by reason of incapacity due to illness or + injury; and + ``(2) require, as a condition for approval of any contract + under section 8902, that appropriate provisions be included so + that such information may be made available to enrollees of the + plan involved.''. + +SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING + FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD + OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS. + + (a) In General.--The Office of Personnel Management shall conduct a +demonstration project to assess the feasibility and desirability of +offering the use of arbitration, instead of litigation, to resolve +medical malpractice claims arising out of covered health care services. + (b) Definition.--For the purpose of this section, the term +``covered health care services'' means any care, treatment, or other +service for which the individual who receives such service has coverage +under chapter 89 of title 5, United States Code. + (c) Project Requirements.-- + (1) In general.--The demonstration project shall be + conducted as a demonstration project under section 4703 of + title 5, United States Code. + (2) Plan design.--In developing a plan for such project + under section 4703 of title 5, United States Code, the Office + shall include (in addition to any information otherwise + required)-- + (A) suggestions for incentives that may be offered + in order to obtain the voluntary participation of + enrollees, such as reductions in premiums, copayments, + or deductibles; + (B) the criteria for identifying the types of + health benefit plans which are appropriate for + inclusion, and the procedures and conditions in + accordance with which any such plan may participate; + (C) the general framework for arbitration, + including (to the extent the Office considers + appropriate) methods for the selection of arbitrators, + length of hearings, and limitations on damages; and + (D) the effect of an award resulting from the + arbitration process, and the extent to which review of + such an award may be obtained. + (d) Evaluation.--The evaluation required under section 4703(h) of +title 5, United States Code, with respect to the demonstration project +shall include data and analysis relating to matters such as-- + (1) the number of claims brought for arbitration; + (2) how those claims were disposed of (whether by + settlement, hearing, or otherwise), and the percentage of the + total number of claims represented by each; + (3) the average dollar amount of those awards or + settlements; + (4) the various costs involved in connection with those + claims; and + (5) the advantages and disadvantages of arbitration, + relative to other methods of dispute resolution, and the extent + to which arbitration should continue to be used under chapter + 89 of such title. + +SEC. 6. APPLICABILITY. + + The amendments made by this Act shall apply with respect to +contract terms beginning after the end of the 6-month period beginning +on the date of the enactment of this Act.","Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe. +Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members. +Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act. +Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans. +Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved. +Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. +Sets forth provisions regarding project requirements and evaluation.",Federal Employees Health Benefits Access Act," The Federal Employees Health Benefits Access Act aims to make the Federal Employees Health Benefits Program (FEHBP) available to the general public. It requires carriers to offer the same benefits to the public as they do to employees and annuitants and their family members. Premiums for coverage will be established by the Office of Personnel Management (OPM) in accordance with community rating standards. The Act also addresses standardized claims processing, advance directives, and a demonstration project to examine the feasibility of offering FEHBP enrollees the option of using arbitration instead of litigation to resolve medical malpractice claims." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicare Home Infusion Site of Care +Act of 2014''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The Medicare fee-for-service program covers infusion + therapy in the hospital, skilled nursing facility, physician + office, and hospital outpatient department, but does not cover + the full range of services for the provision of infusion + therapies in a patient's home. + (2) The Medicare program is presently the only major health + care payer in the United States that does not provide + comprehensive coverage of home infusion therapy. + (3) As a result of the Medicare program not providing for + comprehensive coverage of home infusion therapy, many Medicare + beneficiaries are unable to obtain infusion therapy in the most + cost-effective and convenient setting of their home, and + physicians are deprived of the ability to select the best site + of care for their patients. + (4) The Medicare program is paying for institutional care + for the provision of infusion therapy in many instances when + such institutional care could be avoided if the Medicare + program provided coverage for home infusion therapy. + (5) The Government Accountability Office found in a 2010 + report that home infusion therapy is utilized widely by private + payers providing health insurance coverage for individuals + enrolled under such coverage and that such private payers + generally are satisfied with the quality of care and the + savings they achieve through avoided institutionalizations. + (6) A recent study has reported a potential savings for + Medicare if infusion therapies were covered in the home site of + care. + +SEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY. + + (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. +1395x) is amended-- + (1) in subsection (s)(2)-- + (A) by striking ``and'' at the end of subparagraph + (EE); + (B) by inserting ``and'' at the end of subparagraph + (FF); and + (C) by inserting at the end the following new + subparagraph: + ``(GG) home infusion therapy (as defined in subsection + (iii)(1));''; and + (2) by adding at the end the following new subsection: + + ``Home Infusion Therapy + + ``(iii)(1) The term `home infusion therapy' means the items and +services described in paragraph (2) furnished to an individual, who is +under the care of a physician, which are provided by a qualified home +infusion therapy supplier under a plan (for furnishing such items and +services to such individual) established and periodically reviewed by a +physician, which items and services are provided in an integrated +manner in the individual's home in conformance with uniform standards +of care established by the Secretary and in coordination with the +provision of covered infusion drugs under part D. The Secretary shall +establish such standards after taking into account the standards +commonly used for home infusion therapy by Medicare Advantage plans and +in the private sector and after consultation with all interested +stakeholders. + ``(2) The items and services described in this paragraph are the +following: + ``(A) Professional services, including nursing services + (other than nursing services covered as home health services), + provided in accordance with the plan (including administrative, + compounding, dispensing, distribution, clinical monitoring, and + care coordination services) and all necessary supplies and + equipment (including medical supplies such as sterile tubing + and infusion pumps). + ``(B) Other items and services the Secretary determines + appropriate to administer infusion drug therapies to an + individual safely and effectively in the home. + ``(3) For purposes of this subsection: + ``(A) The term `home' means a place of residence used as an + individual's home and includes such other alternate settings as + the Secretary determines. + ``(B) The term `qualified home infusion therapy supplier' + means any pharmacy, physician, or other provider licensed by + the State in which the pharmacy, physician, or provider resides + or provides services, whose State authorized scope of practice + includes dispensing authority and that-- + ``(i) has expertise in the preparation of + parenteral medications in compliance with enforceable + standards of the United States Pharmacopoeia and other + nationally recognized standards that regulate + preparation of parenteral medications as determined by + the Secretary and meets such standards; + ``(ii) provides infusion therapy to patients with + acute or chronic conditions requiring parenteral + administration of drugs and biologicals administered + through catheters or needles, or both, in a home; and + ``(iii) meets such other uniform requirements as + the Secretary determines are necessary to ensure the + safe and effective provision and administration of home + infusion therapy on a 7-day-a-week, 24-hour basis + (taking into account the standards of care for home + infusion therapy established by Medicare Advantage + plans and in the private sector), and the efficient + administration of the home infusion therapy benefit. + ``(4) A qualified home infusion therapy supplier may subcontract +with a pharmacy, physician, provider, or supplier to meet the +requirements of paragraph (3)(B).''. + (b) Payment for Home Infusion Therapy.--Section 1834 of the Social +Security Act (42 U.S.C. 1395m) is amended by adding at the end the +following new subsection: + ``(p) Payment for Home Infusion Therapy.-- + ``(1) In general.--The Secretary shall determine a per diem + schedule for payment for the professional services (including + nursing services), supplies, and equipment described in section + 1861(iii)(2)(A) for each infusion therapy type that reflects + the reasonable costs which must be incurred by efficiently and + economically operated qualified home infusion therapy suppliers + to provide such services, supplies, and equipment in conformity + with applicable State and Federal laws, regulations, and the + uniform quality and safety standards developed under section + 1861(iii)(1) and to assure that Medicare beneficiaries have + reasonable access to such therapy. + ``(2) Considerations.--In developing the per diem schedule + under this subsection, the Secretary shall consider recent + credible studies about the costs of providing infusion therapy + in the home, consult with home infusion therapy suppliers, + consider payment amounts established by Medicare Advantage + plans and private payers for home infusion therapy, and, if + necessary, conduct a statistically valid national market + analysis involving the costs of administering infusion drugs + and of providing professional services necessary for the drugs' + administration. + ``(3) Annual updates.--The Secretary shall update such + schedule from year to year by the percentage increase in the + Consumer Price Index for all urban consumers (United States + city average) for the 12-month period ending with June of the + preceding year. The Secretary may modify the per diem schedule + with respect to beneficiaries who qualify for home infusion + therapy services under section 1861(iii)(1) but who receive + nursing services as home health services.''. + (c) Conforming Amendments.-- + (1) Payment reference.--Section 1833(a)(1) of the Social + Security Act (42 U.S.C. 13951(a)(1)) is amended-- + (A) by striking ``and'' before ``(Z)''; and + (B) by inserting before the semicolon at the end + the following: ``, and (AA) with respect to home + infusion therapy, the amounts paid shall be determined + under section 1834(p)''. + (2) Direct payment.--The first sentence of section + 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) + is amended-- + (A) by striking ``and'' before ``(H)''; and + (B) by inserting before the period at the end the + following: ``, and (I) in the case of home infusion + therapy, payment shall be made to the qualified home + infusion therapy supplier''. + (3) Exclusion from durable medical equipment and home + health services.--Section 1861 of the Social Security Act (42 + U.S.C. 1395x) is amended-- + (A) in subsection (m)(5)-- + (i) by striking ``and'' before ``durable + medical equipment'' and inserting a comma; and + (ii) by inserting before the semicolon at + the end the following: ``, and supplies used in + the provision of home infusion therapy after + excluding other drugs and biologicals''; and + (B) in subsection (n), by adding at the end the + following: ``Such term does not include home infusion + therapy, other than equipment and supplies used in the + provision of insulin.''. + (4) Application of accreditation provisions.--The + provisions of section 1865(a) of the Social Security Act (42 + U.S.C. 1395bb(a)) apply to the accreditation of qualified home + infusion therapy suppliers in the same way as they apply to + other suppliers. + +SEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS. + + Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w- +102(e)) is amended-- + (1) in paragraph (1)-- + (A) by striking ``or'' at the end of subparagraph + (A); + (B) by striking the comma at the end of + subparagraph (B) and inserting, ``; or''; and + (C) by inserting after subparagraph (B) the + following new subparagraph: + ``(C) an infusion drug (as defined in paragraph + (5)),''; and + (2) by adding at the end the following new paragraph: + ``(5) Infusion drug defined.--For purposes of this part, + the term `infusion drug' means a parenteral drug or biological + administered via an intravenous, intraspinal, intra-arterial, + intrathecal, epidural, subcutaneous, or intramuscular access + device or injection, and may include a drug used for catheter + maintenance and declotting, a drug contained in a device, + additives including but not limited to vitamins, minerals, + solutions, and diluents, and other components used in the + provision of home infusion therapy.''. + +SEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY. + + (a) Objectives in Implementation.--The Secretary of Health and +Human Services shall implement the Medicare home infusion therapy +benefit under the amendments made by this Act in a manner that ensures +that Medicare beneficiaries have timely and appropriate access to +infusion therapy in their homes and that there is rapid and seamless +coordination between drug coverage under part D of title XVIII of the +Social Security Act and coverage for home infusion therapy services +under part B of such title to avoid the filing of duplicative or +otherwise improper claims. Specifically, the Secretary shall ensure +that-- + (1) the benefit is practical and workable with minimal + administrative burden for beneficiaries, qualified home + infusion therapy suppliers, physicians, prescription drug + plans, MA-PD plans, and Medicare Advantage plans, and the + Secretary shall consider the use of consolidated claims + encompassing covered part D drugs and part B services, + supplies, and equipment under such part B to ensure the + efficient operation of this benefit; + (2) any prior authorization or utilization review process + is expeditious, allowing Medicare beneficiaries meaningful + access to home infusion therapy; + (3) medical necessity determinations for home infusion + therapy will be made-- + (A) except as provided in subparagraph (B), by + Medicare administrative contractors under such part B + and communicated to the appropriate prescription drug + plans; or + (B) in the case of an individual enrolled in a + Medicare Advantage plan, by the Medicare Advantage + organization offering the plan; and an individual may + be initially qualified for coverage for such benefit + for a 90-day period and subsequent 90-day periods + thereafter; + (4) except as otherwise provided in this section, the + benefit is modeled on current private sector coverage and + coding for home infusion therapy; and + (5) prescription drug plans and MA-PD plans structure their + formularies, utilization review protocols, and policies in a + manner that ensures that Medicare beneficiaries have timely and + appropriate access to infusion therapy in their homes. + (b) Report.--Not later than January 1, 2018, the Comptroller +General of the United States shall submit a report to Congress on +Medicare beneficiary access to home infusion therapy. Such report shall +specifically address whether the objectives specified in subsection (a) +have been met and shall make recommendations to Congress and the +Secretary of Health and Human Services on how to improve the benefit +and better ensure that Medicare beneficiaries have timely and +appropriate access to infusion therapy in their homes. + +SEC. 6. EFFECTIVE DATE. + + The amendments made by this Act shall apply to home infusion +therapy furnished on or after January 1, 2015.","Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income) (SSI) to avoid the filing of duplicative or otherwise improper claims.",Medicare Home Infusion Site of Care Act of 2014," The Medicare Home Infusion Site of Care Act of 2014 aims to amend Section 1861 of the Social Security Act to include home infusion therapy as a covered service under Medicare. This would provide Medicare beneficiaries with access to infusion therapy in their homes, potentially reducing costs and improving patient outcomes. The Act also outlines payment schedules for home infusion therapy services and requires the Secretary of Health and Human Services to ensure that Medicare beneficiaries have timely and appropriate access to home infusion therapy." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Environmental Finance Act of 1995''. + +SEC. 2. PURPOSE. + + The purpose of this Act is to require-- + (1)(A) the Administrator of the Environmental Protection + Agency to establish an Environmental Financial Advisory Board + to provide expert advice and recommendations to Congress and + the Administrator on issues, trends, options, innovations, and + tax matters affecting the cost and financing of environmental + protection by State and local governments; and + (B) the Board to study methods to-- + (i) lower costs of environmental infrastructure and + services; + (ii) increase investment in public and private + environmental infrastructure; and + (iii) build State and local capacity to plan and + pay for environmental infrastructure and services; and + (2)(A) the Administrator to establish and support + Environmental Finance Centers in institutions of higher + education; + (B) the Centers to carry out activities to improve the + capability of State and local governments to manage + environmental programs; and + (C) the Administrator to provide Federal funding to the + Centers, with a goal that the Centers will eventually become + financially self-sufficient. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Environmental Protection Agency. + (2) Board.--The term ``Board'' means the Environmental + Financial Advisory Board established under section 4. + (3) Center.--The term ``Center'' means an Environmental + Finance Center established under section 5. + +SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD. + + (a) In General.--The Administrator shall establish an Environmental +Financial Advisory Board to provide expert advice on issues affecting +the costs and financing of environmental activities at the Federal, +State, and local levels. The Board shall report to the Administrator, +and shall make the services and expertise of the Board available to +Congress. + (b) Membership.-- + (1) In general.--The Board shall consist of 35 members + appointed by the Administrator. + (2) Terms.--A member of the Board shall serve for a term of + 2 years, except that 20 of the members initially appointed to + the Board shall serve for a term of 1 year. + (3) Qualifications.--The members of the Board shall be + individuals with expertise in financial matters and shall be + chosen from among elected officials and representatives of + national trade and environmental organizations, the financial, + banking, and legal communities, business and industry, and + academia. + (4) Chairperson and vice chairperson.--The members of the + Board shall elect a Chairperson and Vice Chairperson, who shall + each serve a term of 2 years. + (c) Duties.--After establishing appropriate rules and procedures +for the operations of the Board, the Board shall-- + (1) work with the Science Advisory Board, established by + section 8 of the Environmental Research, Development, and + Demonstration Act of 1978 (42 U.S.C. 4365), to identify and + develop methods to integrate risk and finance considerations + into environmental decisionmaking; + (2) identify and examine strategies to enhance + environmental protection in urban areas, reduce + disproportionate risks facing urban communities, and promote + economic revitalization and environmentally sustainable + development; + (3) develop and recommend initiatives to expand + opportunities for the export of United States financial + services and environmental technologies; + (4) develop alternative financing mechanisms to assist + State and local governments in paying for environmental + programs; + (5) develop alternative financing mechanisms and strategies + to meet the unique needs of small and economically + disadvantaged communities; and + (6) undertake such other activities as the Board determines + will further the purpose of this Act. + (d) Recommendations.--The Board may recommend to Congress and the +Administrator legislative and policy initiatives to make financing for +environmental protection more available and less costly. + (e) Open Meetings.--The Board shall hold open meetings and seek +input from the public and other interested parties in accordance with +the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise +be subject to the Act. + (f) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section $1,000,000 for each of fiscal +years 1996 through 2000. + +SEC. 5. ENVIRONMENTAL FINANCE CENTERS. + + (a) In General.--The Administrator shall establish and support an +Environmental Finance Center in an institution of higher education in +each of the regions of the Environmental Protection Agency. + (b) Duties and Powers.--A Center shall coordinate the activities of +the Center with the Board and may-- + (1) provide on-site and off-site training of State and + local officials; + (2) publish newsletters, course materials, proceedings, and + other publications relating to financing of environmental + infrastructure; + (3) initiate and conduct conferences, seminars, and + advisory panels on specific financial issues relating to + environmental programs and projects; + (4) establish electronic database and contact services to + disseminate information to public entities on financing + alternatives for State and local environmental programs; + (5) generate case studies and special reports; + (6) develop inventories and surveys of financial issues and + needs of State and local governments; + (7) identify financial programs, initiatives, and + alternative financing mechanisms for training purposes; + (8) hold public meetings on finance issues; and + (9) collaborate with another Center on projects and + exchange information. + (c) Grants.--The Administrator may make grants to institutions of +higher education to carry out this section. + (d) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section $2,500,000 for each of fiscal +years 1996 through 2000.","Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. +Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. +Permits the Administrator to make grants to institutions of higher education to carry out the Center program. +Authorizes appropriations.",Environmental Finance Act of 1995," The Environmental Finance Act of 1995 aims to establish an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at federal, state, and local levels. The Board will work with the Science Advisory Board to identify and develop methods to integrate risk and finance considerations into environmental decision-making. It will also identify strategies to enhance environmental protection in urban areas, promote economic revitalization and environmentally sustainable development, and develop alternative financing mechanisms for state and local governments. Additionally, the Act establishes Environmental Finance Centers in institutions of higher education to coordinate activities with the Board and improve the capability of state and local governments to manage environmental programs." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Railroad Infrastructure Financing +Improvement Act of 1997''. + +SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS. + + (a) Amendment to Title 49, United States Code.--Part B of subtitle +V of title 49, United States Code, is amended by inserting after +chapter 221 the following new chapter: + + ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS + +``Sec. +``22301. Definitions. +``22302. Direct loans and loan guarantees. +``22303. Administration of direct loans and loan guarantees. + +``SEC. 22301. DEFINITIONS. + + ``For purposes of this chapter: + ``(1)(A) The term `cost' means the estimated long-term cost + to the Government of a direct loan or loan guarantee, + calculated on a net present value basis, excluding + administrative costs and any incidental effects on governmental + receipts or outlays. + ``(B) The cost of a direct loan shall be the net present + value, at the time when the direct loan is disbursed, of the + following cash flows: + ``(i) Loan disbursements. + ``(ii) Repayments of principal. + ``(iii) Payments of interest and other payments by + or to the Government over the life of the loan after + adjusting for estimated defaults, prepayments, fees, + penalties, and other recoveries. + ``(C) The cost of a loan guarantee shall be the net present + value when a guaranteed loan is disbursed, of the following + cash flows: + ``(i) Estimated payments by the Government to cover + defaults and delinquencies, interest subsidies, or + other payments. + ``(ii) Estimated payments to the Government, + including origination and other fees, penalties, and + recoveries. + ``(D) Any Government action that alters the estimated net + present value of an outstanding direct loan or loan guarantee + (except modifications within the terms of existing contracts or + through other existing authorities) shall be counted as a + change in the cost of that direct loan or loan guarantee. The + calculation of such changes shall be based on the estimated + present value of the direct loan or loan guarantee at the time + of modification. + ``(E) In estimating net present values, the discount rate + shall be the average interest rate on marketable Treasury + securities of similar maturity to the direct loan or loan + guarantee for which the estimate is being made. + ``(2) The term `direct loan' means a disbursement of funds + by the Government to a non-Federal borrower under a contract + that requires the repayment of such funds. The term includes + the purchase of, or participation in, a loan made by another + lender. The term does not include the acquisition of a + federally guaranteed loan in satisfaction of default claims. + ``(3) The term `direct loan obligation' means a binding + agreement by the Secretary of Transportation to make a direct + loan when specified conditions are fulfilled by the borrower. + ``(4) The term `loan guarantee' means any guarantee, + insurance, or other pledge with respect to the payment of all + or a part of the principal or interest on any debt obligation + of a non-Federal borrower to a non-Federal lender, but does not + include the insurance of deposits, shares, or other + withdrawable accounts in financial institutions. + ``(5) The term `loan guarantee commitment' means a binding + agreement by the Secretary to make a loan guarantee when + specified conditions are fulfilled by the borrower, the lender, + or any other party to the guarantee agreement. + ``(6) The term `railroad carrier' has the meaning given + that term in section 20102. + +``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES. + + ``(a) General Authority.--The Secretary of Transportation may +provide direct loans and loan guarantees to State and local +governments, government sponsored authorities and corporations, and +railroad carriers. + ``(b) Eligible Purposes.-- + ``(1) In general.--Direct loans and loan guarantees under + this section shall be used to-- + ``(A) acquire, improve, or rehabilitate rail + equipment or facilities, including track, components of + track, bridges, yards, buildings, and shops; + ``(B) refinance outstanding debt incurred for the + purposes described in subparagraph (A); or + ``(C) develop or establish new railroad facilities. + ``(2) Operating expenses not eligible.--Direct loans and + loan guarantees under this section shall not be used for + railroad operating expenses. + ``(c) Priority Projects.--In granting applications for direct loans +or guaranteed loans under this section, the Secretary shall give +priority to projects that-- + ``(1) enhance public safety; + ``(2) enhance the environment; + ``(3) promote economic development; + ``(4) enable United States companies to be more competitive + in international markets; + ``(5) are endorsed by the plans prepared under section 135 + of title 23 by the State or States in which they are located; + or + ``(6) preserve rail service to small communities or rural + areas. + ``(d) Extent of Authority.--The aggregate unpaid principal amounts +of obligations under direct loans and loan guarantees made under this +section shall not exceed $5,000,000,000 at any one time. + ``(e) Rates of Interest.-- + ``(1) Direct loans.--The Secretary shall require interest + to be paid on a direct loan made under this section at a rate + not less than that necessary to recover the cost of making the + loan. + ``(2) Loan guarantees.--The Secretary shall not make a loan + guarantee under this section if the interest rate for the loan + exceeds that which the Secretary determines to be reasonable, + taking into consideration the prevailing interest rates and + customary fees incurred under similar obligations in the + private capital market. + ``(f) Infrastructure Partners.-- + ``(1) Authority of secretary.--In lieu of or in combination + with appropriations of budget authority to cover the costs of + direct loans and loan guarantees as required under section + 504(b)(1) of the Federal Credit Reform Act of 1990, the + Secretary may accept on behalf of an applicant for assistance + under this section a commitment from a non-Federal source to + fund in whole or in part credit risk premiums with respect to + the loan that is the subject of the application. In no event + shall the aggregate of appropriations of budget authority and + credit risk premiums described in this paragraph with respect + to a direct loan or loan guarantee be less than the cost of + that direct loan or loan guarantee. + ``(2) Credit risk premium amount.--The Secretary shall + determine the amount required for credit risk premiums under + this subsection on the basis of-- + ``(A) the circumstances of the applicant, including + the amount of collateral offered; + ``(B) the proposed schedule of loan disbursements; + ``(C) historical data on the repayment history of + similar borrowers; + ``(D) consultation with the Congressional Budget + Office; and + ``(E) any other factors the Secretary considers + relevant. + ``(3) Payment of premiums.--Credit risk premiums under this + subsection shall be paid to the Secretary before the + disbursement of loan amounts. + ``(4) Cohorts of loans.--In order to maintain sufficient + balances of credit risk premiums to adequately protect the + Federal Government from risk of default, while minimizing the + length of time the Government retains possession of those + balances, the Secretary shall establish cohorts of loans. When + all obligations attached to a cohort of loans have been + satisfied, credit risk premiums paid for the cohort, and + interest accrued thereon, which were not used to mitigate + losses shall be returned to the original source on a pro rata + basis. + ``(g) Prerequisites for Assistance.--The Secretary shall not make a +direct loan or loan guarantee under this section unless the Secretary +has made a finding in writing that-- + ``(1) repayment of the obligation is required to be made + within a term of not more than 25 years from the date of its + execution; + ``(2) the direct loan or loan guarantee is justified by the + present and probable future demand for rail services; + ``(3) the applicant has given reasonable assurances that + the facilities or equipment to be acquired, rehabilitated, + improved, developed, or established with the proceeds of the + obligation will be economically and efficiently utilized; + ``(4) the obligation can reasonably be repaid, using an + appropriate combination of credit risk premiums and collateral + offered by the applicant to protect the Federal Government; and + ``(5) the purposes of the direct loan or loan guarantee are + consistent with subsection (b). + ``(h) Conditions of Assistance.--The Secretary shall, before +granting assistance under this section, require the applicant to agree +to such terms and conditions as are sufficient, in the judgment of the +Secretary, to ensure that, as long as any principal or interest is due +and payable on such obligation, the applicant, and any railroad carrier +for whose benefit the assistance is intended-- + ``(1) will not use any funds or assets from railroad + operations for nonrail purposes, if such use would impair the + ability of the applicant or railroad carrier to provide rail + services in an efficient and economic manner, or would + adversely affect the ability of the applicant or railroad + carrier to perform any obligation entered into by the applicant + under this section; + ``(2) will, consistent with its capital resources, maintain + its capital program, equipment, facilities, and operations on a + continuing basis; and + ``(3) will not make any discretionary dividend payments + that unreasonably conflict with the purposes stated in + subsection (b). + +``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. + + ``(a) Applications.--The Secretary of Transportation shall +prescribe the form and contents required of applications for assistance +under section 22302, to enable the Secretary to determine the +eligibility of the applicant's proposal, and shall establish terms and +conditions for direct loans and loan guarantees made under that +section. + ``(b) Full Faith and Credit.--Loan guarantees made under section +22302 shall constitute general obligations of the United States backed +by the full faith and credit of the United States. + ``(c) Assignment of Loan Guarantees.--The holder of a loan +guarantee made under section 22302 may assign the loan guarantee in +whole or in part, subject to such requirements as the Secretary may +prescribe. + ``(d) Modifications.--The Secretary may approve the modification of +any term or condition of a direct loan, loan guarantee, direct loan +obligation, or loan guarantee commitment, including the rate of +interest, time of payment of interest or principal, or security +requirements, if the Secretary finds in writing that-- + ``(1) the modification is equitable and is in the overall + best interests of the United States; and + ``(2) consent has been obtained from the applicant and, in + the case of a loan guarantee or loan guarantee commitment, the + holder of the obligation. + ``(e) Compliance.--The Secretary shall assure compliance, by an +applicant, any other party to the loan, and any railroad carrier for +whose benefit assistance is intended, with the provisions of this Act, +regulations issued hereunder, and the terms and conditions of the +direct loan or loan guarantee, including through regular periodic +inspections. + ``(f) Commercial Validity.--For purposes of claims by any party +other than the Secretary, a loan guarantee or loan guarantee commitment +shall be conclusive evidence that the underlying obligation is in +compliance with the provisions of this Act, and that such obligation +has been approved and is legal as to principal, interest, and other +terms. Such a guarantee or commitment shall be valid and incontestable +in the hands of a holder thereof, including the original lender or any +other holder, as of the date when the Secretary granted the application +therefor, except as to fraud or material misrepresentation by such +holder. + ``(g) Default.--The Secretary shall prescribe regulations setting +forth procedures in the event of default on a loan made or guaranteed +under section 22302. The Secretary shall ensure that each loan +guarantee made under that section contains terms and conditions that +provide that-- + ``(1) if a payment of principal or interest under the loan + is in default for more than 30 days, the Secretary shall pay to + the holder of the obligation, or the holder's agent, the amount +of unpaid guaranteed interest; + ``(2) if the default has continued for more than 90 days, + the Secretary shall pay to the holder of the obligation, or the + holder's agent, 90 percent of the unpaid guaranteed principal; + ``(3) after final resolution of the default, through + liquidation or otherwise, the Secretary shall pay to the holder + of the obligation, or the holder's agent, any remaining amounts + guaranteed but which were not recovered through the default's + resolution; + ``(4) the Secretary shall not be required to make any + payment under paragraphs (1) through (3) if the Secretary + finds, before the expiration of the periods described in such + paragraphs, that the default has been remedied; and + ``(5) the holder of the obligation shall not receive + payment or be entitled to retain payment in a total amount + which, together with all other recoveries (including any + recovery based upon a security interest in equipment or + facilities) exceeds the actual loss of such holder. + ``(h) Rights of the Secretary.-- + ``(1) Subrogation.--If the Secretary makes payment to a + holder, or a holder's agent, under subsection (g) in connection + with a loan guarantee made under section 22302, the Secretary + shall be subrogated to all of the rights of the holder with + respect to the obligor under the loan. + ``(2) Disposition of property.--The Secretary may complete, + recondition, reconstruct, renovate, repair, maintain, operate, + charter, rent, sell, or otherwise dispose of any property or + other interests obtained pursuant to this section. The + Secretary shall not be subject to any Federal or State + regulatory requirements when carrying out this paragraph. + ``(i) Action Against Obligor.--The Secretary may bring a civil +action in an appropriate Federal court in the name of the United States +in the event of a default on a direct loan made under section 22302, or +in the name of the United States or of the holder of the obligation in +the event of a default on a loan guaranteed under section 22302. The +holder of a guarantee shall make available to the Secretary all records +and evidence necessary to prosecute the civil action. The Secretary may +accept property in full or partial satisfaction of any sums owed as a +result of a default. If the Secretary receives, through the sale or +other disposition of such property, an amount greater than the +aggregate of-- + ``(1) the amount paid to the holder of a guarantee under + subsection (g) of this section; and + ``(2) any other cost to the United States of remedying the + default, +the Secretary shall pay such excess to the obligor. + ``(j) Breach of Conditions.--The Attorney General shall commence a +civil action in an appropriate Federal court to enjoin any activity +which the Secretary finds is in violation of this Act, regulations +issued hereunder, or any conditions which were duly agreed to, and to +secure any other appropriate relief. + ``(k) Attachment.--No attachment or execution may be issued against +the Secretary, or any property in the control of the Secretary, prior +to the entry of final judgment to such effect in any State, Federal, or +other court. + ``(l) Investigation Charge.--The Secretary may charge and collect +from each applicant a reasonable charge for appraisal of the value of +the equipment or facilities for which the direct loan or loan guarantee +is sought, and for making necessary determinations and findings. Such +charge shall not aggregate more than one-half of 1 percent of the +principal amount of the obligation.''. + (b) Conforming Amendment.--The table of chapters of subtitle V of +title 49, United States Code, is amended by inserting after the item +relating to chapter 221 the following: + +``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''. + +SEC. 3. TECHNICAL AND CONFORMING PROVISIONS. + + (a) Repeal.--Title V of the Railroad Revitalization and Regulatory +Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed. + (b) Savings Provision.--A transaction entered into under the +authority of title V of the Railroad Revitalization and Regulatory +Reform Act of 1976 before the date of the enactment of this Act shall +be administered until completion under its terms as if subsection (a) +of this subsection were not enacted. + (c) Technical and Conforming Amendments.--(1) Section 211(i) of the +Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is +repealed. + (2) Section 306(b) of title 49, United States Code, is amended by +striking ``title V of the Railroad Revitalization and Regulatory Reform +Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof +``chapter 223 of this title''.","Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans.",Railroad Infrastructure Financing Improvement Act of 1997," The Railroad Infrastructure Financing Improvement Act of 1997 aims to amend Title 49, United States Code, by inserting a new chapter called ""Rail Infrastructure and Equipment Loans."" This Act provides authority for the Secretary of Transportation to provide direct loans and loan guarantees to state and local governments, government-sponsored authorities and corporations, and railroad carriers for specific purposes such as acquiring, improving, or rehabilitating rail equipment or facilities, refinancing outstanding debt, or developing new railroad facilities. The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees shall not exceed $5 billion at any one time. The Secretary is required to establish priority projects that enhance public safety, the environment, economic development, U.S. competitiveness in international markets, or preserve rail service to small communities or rural areas. The Act also outlines definitions, conditions for assistance, administration of direct loans and loan guarantees, and technical and conforming provisions." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Speak Up to Protect Every Abused Kid +Act''. + +SEC. 2. CHILD ABUSE AND NEGLECT. + + Section 3(2) of the Child Abuse Prevention and Treatment Act (42 +U.S.C. 5101 note) is amended to read as follows: + ``(2) the term `child abuse or neglect' means, at a + minimum-- + ``(A) any recent act or failure to act, on the part + of a parent or caretaker, that results in death, + serious physical or emotional harm, or sexual abuse or + exploitation, or an act or failure to act that presents + an imminent risk of serious harm; or + ``(B) any deliberate act, on the part of an + individual other than a parent or caretaker, that + results in death, serious physical or emotional harm, + or sexual abuse or exploitation, or that presents an + imminent risk of serious harm to a child.''. + +SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. + + The Child Abuse Prevention and Treatment Act is amended by +inserting after section 103 (42 U.S.C. 5104) the following: + +``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. + + ``(a) In General.--The Secretary shall make grants to eligible +entities to carry out educational campaigns and provide training +regarding State laws for mandatory reporting of incidents of child +abuse or neglect. + ``(b) Guidance and Information on Best Practices.--The Secretary +shall develop and disseminate guidance and information on best +practices for-- + ``(1) educational campaigns to educate members of the + public about-- + ``(A) the acts and omissions that constitute child + abuse or neglect under State law; + ``(B) the responsibilities of adults to report + suspected and known incidents of child abuse or neglect + under State law; and + ``(C) the ways in which adults can respond to help + children and families without such reporting in a case + in which the circumstances do not constitute child + abuse or neglect under State law but the child or + family needs assistance to prevent such circumstances + from deteriorating so as to constitute child abuse or + neglect; and + ``(2) training programs to improve such reporting by + adults, with a focus on adults who work with children in a + professional or volunteer capacity. + ``(c) Applications.--To be eligible to receive a grant under this +section, an entity shall submit an application to the Secretary at such +time, in such manner, and containing such information as the Secretary +may require. In determining whether to make a grant under this section, +the Secretary shall determine whether the educational campaign or +training proposed by the entity uses practices described in the +guidance and information developed under subsection (b). + ``(d) Use of Funds.--An entity that receives a grant under this +section shall use the funds made available through the grant to carry +out an educational campaign, or provide training, described in +subsection (b). + ``(e) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $5,000,000 for fiscal year 2012 +and $10,000,000 for each of fiscal years 2013 through 2016.''. + +SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND + TREATMENT PROGRAMS. + + Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment +Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an +assurance'' and all that follows through clause (i), and inserting the +following: + ``(B) an assurance in the form of a certification + by the Governor of the State that the State has in + effect and is enforcing a State law, or has in effect + and is operating a statewide program, relating to child + abuse and neglect that includes-- + ``(i) provisions or procedures for an + individual to report suspected or known + incidents of child abuse or neglect to a State + child protective service agencies or to law + enforcement agencies, which shall include a + State law for mandatory reporting of such + incidents, to either type of agency, by any + adult;''. + +SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. + + (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and +Treatment Act (42 U.S.C. 5107c(b)) is amended-- + (1) in paragraph (4)-- + (A) in subparagraph (A), by striking ``and'' at the + end; and + (B) by adding at the end the following: + ``(C) train adults who work with children in a + professional or volunteer capacity, to report suspected + and known incidents of child abuse or neglect under + State law; and''; and + (2) in paragraph (5), by inserting before the period ``and + the training described in paragraph (4)(C)''. + (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. +5107c(e)(2)) is amended-- + (1) in paragraph (1), by striking ``and'' at the end; + (2) in paragraph (2), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following: + ``(3) evaluate the State's efforts to train adults who work + with children in a professional or volunteer capacity, to + report suspected and known incidents of child abuse or neglect + under State law.''. + (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 +U.S.C. 5107c(e)(1)) is amended-- + (1) in subparagraph (B), by striking ``and'' at the end; + (2) in subparagraph (C), by striking the period and + inserting ``; and''; and + (3) by adding at the end the following: + ``(D) experimental, model, and demonstration + programs for testing innovative approaches and + techniques that may improve reporting of and response + to suspected and known incidents of child abuse or + neglect by adults to the State child protective service + agencies or to law enforcement agencies.''. + +SEC. 6. GENERAL PROGRAM GRANTS. + + Section 108 of the Child Abuse Prevention and Treatment Act (42 +U.S.C. 5106d) is amended by adding at the end the following: + ``(f) Mandatory Reporting.--To be eligible to receive any form of +financial assistance under this title, a State shall include in the +corresponding plan or application an assurance that the State has in +effect a State law for mandatory reporting described in section +106(b)(2)(B)(i).''. + +SEC. 7. REPORTS. + + Section 110 of the Child Abuse Prevention and Treatment Act (42 +U.S.C. 5106f) is amended by adding at the end the following: + ``(e) Report on State Mandatory Reporting Laws.-- + ``(1) Study.--Not later than 4 years after the date of + enactment of the Speak Up to Protect Every Abused Kid Act, the + Secretary shall collect information on and otherwise study the + efforts of States relating to State laws for mandatory + reporting of incidents of child abuse or neglect, in order to-- + ``(A) assess the implementation of the amendments + made by that Act; and + ``(B) provide an update on-- + ``(i) implementation of State laws for + mandatory reporting described in section + 106(b)(2)(B)(i); and + ``(ii) State efforts to improve reporting + on, and responding to reports of, child abuse + or neglect. + ``(2) Report.--Not later than 4 years after that date of + enactment, the Secretary shall submit to the appropriate + committees of Congress a report containing the findings of the + study.''. + +SEC. 8. COMMUNITY-BASED GRANTS. + + Section 204 of the Child Abuse Prevention and Treatment Act (42 +U.S.C. 5116d) is amended-- + (1) in paragraph (11), by striking ``and'' at the end; + (2) in paragraph (12), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following: + ``(13) an assurance that the State has in effect a State + law for mandatory reporting described in section + 106(b)(2)(B)(i).''. + +SEC. 9. EFFECTIVE DATE. + + (a) In General.--Except as provided in subsection (b), this Act +takes effect on the date of enactment of this Act. + (b) Mandatory Reporting Requirements.--The amendments made by +sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and +applications submitted after the date that is 2 years after the date of +enactment of this Act.","Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of ""child abuse or neglect"" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.","A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes."," The ""Speak Up to Protect Every Abused Kid Act"" amends the Child Abuse Prevention and Treatment Act to define child abuse or neglect more broadly, including any act or failure to act by a parent or caretaker that results in serious physical or emotional harm or sexual abuse or exploitation, or an act or failure to act by an individual other than a parent or caretaker that results in serious harm to a child. The Act also requires the Secretary to make grants to eligible entities for educational campaigns and training regarding mandatory reporting of incidents of child abuse or neglect. It amends requirements for grants to states for child abuse or neglect prevention and treatment programs to include an assurance that the state has a law for mandatory reporting of such incidents. The Act further amends requirements for eligibility for general program grants to include an assurance that the state has a law for mandatory reporting of incidents of child abuse or neglect." +"SECTION 1. SHORT TITLE. + + That this Act may be cited as the ``Reserve Account for +Administrative Savings Act of 1993''. + +SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS. + + Subchapter II of chapter 15 of title 31, United States Code, is +amended by adding at the end the following: +``Sec. 1520. Special rule for apportioning salaries and expenses within + an appropriation + ``(a) All appropriations for salaries and expenses shall be +apportioned as necessary to carry out this section. + ``(b)(1) Except as provided by paragraph (2), in apportioning any +appropriation for salaries and expenses for a fiscal year under this +section, a reserve shall be established in an amount that is equal to 5 +percent of the actual amount incurred for those salaries and expenses +in the immediately preceding fiscal year. + ``(2) The size of each reserve to be established under paragraph +(1) for a fiscal year shall (if applicable) be reduced by a dollar +amount equal to the amount by which that fiscal year's appropriation +for salaries and expenses is less than the actual amount incurred for +those salaries and expenses in the immediately preceding fiscal year. + ``(c) Each appropriation subject to this section shall be +apportioned by the appropriate official referred to in section 1513 and +within the applicable time parameters set forth in that section. + ``(d) The head of each agency that has an appropriation for +salaries and expenses for a fiscal year subject to this section shall, +within 60 days after the beginning of that fiscal year or within 60 +days after the date of enactment of the law by which the appropriation +for that fiscal year is made available, whichever occurs later, and +after consultation with it chief financial officer and the Deputy +Director for Management (or his or her designee) of the Office of +Management and Budget, make recommendations to the President of changes +in laws or regulations or other changes that should be made to bring +about a more efficient and cost-effective operation and thereby reduce +salaries and expenditures without jeopardizing any programs that agency +administers. + ``(e) The President's annual budget submission for a budget year +under section 1105(a) shall include a special message which sets forth +on an agency-by-agency basis a recommendation for the current fiscal +year of whether-- + ``(1) for the programs that agency administers to be + maintained at a proper administrative level the release of all + or part of those funds held in reserve under subsection (b) is + necessary; + ``(2) those programs can function effectively at reduced + levels and the funds held in reserve under subsection (b) + should be rescinded and returned to the Treasury; or + ``(3) supplemental appropriations for other programs are + necessary and can be offset by rescissions of the funds held in + reserve under subsection (b). +If that special message recommends the option set forth in paragraph +(1) for any agency, then the President shall include with that special +message a bill that, if enacted, would release specified amounts of +funds held in reserve under subsection (b) as set forth in that bill. + ``(f) Except to the extent that a law is enacted under section 1521 +requiring the release of all or part of the money reserved under +subsection (b), on August 1 of the calendar year during which a fiscal +year ends, all funds held in any reserve under subsection (b) +respecting that fiscal year are hereby rescinded and shall be promptly +returned to the general fund of the Treasury. +``Sec. 1521. Fast-track supplemental appropriation of amounts not to + exceed aggregate amount rescinded under section 1520 + ``(a)(1) Before the close of the second legislative day of the +House of Representatives after the date of receipt of a special message +transmitted to Congress under section 1520(e), the majority leader or +minority leader of the House of Representatives shall introduce (by +request) the draft bill accompanying that special message. If the bill +is not introduced as provided in the preceding sentence, then, on the +third legislative day of the House of Representatives after the date of +receipt of that special message, any Member of that House may introduce +the bill. + ``(2) The bill shall be referred to the Committee on Appropriations +of the House of Representatives. The committee shall report the bill +with or without recommendation. The bill shall be reported not later +than the seventh legislative day of that House after the date of +receipt of that special message. If the Committee on Appropriations +fails to report the bill within that period, that committee shall be +automatically discharged from consideration of the bill, and the bill +shall be placed on the appropriate calendar. + ``(3) During consideration under this subsection, any Member of the +House of Representatives may move to strike any provision of the bill +or offer an amendment to reduce any amount proposed to be released. + ``(4) A vote on final passage of the bill shall be taken in the +House of Representatives on or before the close of the 10th legislative +day of that House after the date of the introduction of the bill in +that House. If the bill is passed, the Clerk of the House of +Representatives shall cause the bill to be engrossed, certified, and +transmitted to the Senate within one calendar day of the day on which +the bill is passed. + ``(5)(A) A motion in the House of Representatives to proceed to the +consideration of a bill under this section shall be highly privileged +and not debatable. An amendment to the motion shall not be in order, +nor shall it be in order to move to reconsider the vote by which the +motion is agreed to or disagreed to. + ``(B) Debate in the House of Representatives on a bill under this +section shall not exceed 4 hours, which shall be divided equally +between those favoring and those opposing the bill. A motion further to +limit debate shall not be debatable. It shall not be in order to move +to recommit a bill under this section or to move to reconsider the vote +by which the bill is agreed to or disagreed to. + ``(C) Appeals from decisions of the Chair relating to the +application of the Rules of the House of Representatives to the +procedure relating to a bill under this section shall be decided +without debate. + ``(D) Except to the extent specifically provided in the preceding +provisions of this subsection, consideration of a bill under this +section shall be governed by the Rules of the House of Representatives. + ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) +shall be referred to its Committee on Appropriations. The committee +shall report the bill with or without recommendation. The bill shall be +reported not later than the seventh legislative day of the Senate after +it receives the bill. A committee failing to report the bill within +such period shall be automatically discharged from consideration of the +bill, and the bill shall be placed upon the appropriate calendar. + ``(B) During consideration under this subsection, any Member of the +Senate may move to strike any provision of the bill or offer an +amendment to reduce any amount proposed to be released. + ``(C) A vote on final passage of a bill transmitted to the Senate +shall be taken on or before the close of the 10th legislative day of +the Senate after the date on which the bill is transmitted. If the bill +is passed in the Senate without amendment, the Secretary of the Senate +shall cause the engrossed bill to be returned to the House of +Representatives. + ``(7)(A) A motion in the Senate to proceed to the consideration of +a bill under this subsection shall be privileged and not debatable. An +amendment to the motion shall not be in order, nor shall it be in order +to move to reconsider the vote by which the motion is agreed to or +disagreed to. + ``(B) Debate in the Senate on a bill under this subsection, and all +debatable motions and appeals in connection therewith, shall not exceed +10 hours. The time shall be equally divided between, and controlled by, +the majority leader and the minority leader or their designees. + ``(C) Debate in the Senate on any debatable motion or appeal in +connection with a bill under this section shall be limited to not more +than 1 hour, to be equally divided between, and controlled by, the +mover and the manager of the bill, except that in the event the manager +of the bill is in favor of any such motion or appeal, the time in +opposition thereto, shall be controlled by the minority leader or his +designee. Such leaders, or either of them, may, from time under their +control on the passage of a bill, allot additional time to any Senator +during the consideration of any debatable motion or appeal. + ``(D) A motion in the Senate to further limit debate on a bill +under this subsection is not debatable. A motion to recommit a bill +under this section is not in order. + ``(b) Amendments and Divisions.--No amendment to a bill considered +under this section shall be in order in either the House of +Representatives or the Senate except an amendment to strike a provision +of the bill or to reduce an amount proposed to be restored by the bill. +It shall not be in order to demand a division of the question in the +House of Representatives (or in a Committee of the Whole) or in the +Senate. No motion to suspend the application of this subsection shall +be in order in either House, nor shall it be in order in either House +to suspend the application of this subsection by unanimous consent. + ``(c) Requirement to Make Available for Obligation.--Any amount of +budget authority proposed to be restored in a special message +transmitted to Congress under section 1520(e) shall be made available +for obligation on the day after the date on which the bill proposing to +restore such amount of budget authority is enacted into law unless it +has been automatically rescinded under that section. + ``(d) Definition.--For purposes of this section, the term +`legislative day' means, with respect to either House of Congress, any +day during which that House is in session.''. + +SEC. 3. EFFECTIVE DATE. + + The amendments made by this Act shall only apply to fiscal years +1994, 1995, 1996, 1997, and 1998 and shall have no force or effect +after September 30, 1998.","Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. +Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations.",Reserve Account for Administrative Savings Act of 1993," The Reserve Account for Administrative Savings Act of 1993 aims to establish government efficiency reserve accounts for appropriations for salaries and expenses. The Act requires that a reserve be established equal to 5% of the actual amount incurred for salaries and expenses in the preceding fiscal year. This reserve amount can be reduced if the fiscal year's appropriation for salaries and expenses is less than the actual amount incurred for those expenses in the preceding fiscal year. Each appropriation subject to this Act shall be apportioned by the appropriate official within the specified time parameters. The head of each agency with an appropriation for salaries and expenses shall recommend changes to the President to bring about more efficient and cost-effective operations without jeopardizing any programs they administer. The President's annual budget submission shall include a special message outlining recommendations for each agency on whether to maintain or reduce their reserve funds. If the special message recommends maintaining funds for an agency, the President shall include a bill to release those funds. If funds are released, they shall be returned to the general fund of the Treasury on August 1st of the calendar year during which the fiscal year ends. The Act also outlines procedures for fast-track supplemental appropriations not to exceed the aggregate amount rescinded under the Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Economic Recovery Adjustment Act of +2009''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) the deterioration of financial firms in 2008 and the + resulting crisis of confidence in the financial markets have + required broad intervention by the Federal Government in the + financial sector; + (2) the Emergency Economic Stabilization Act of 2008, + signed by President Bush on October 3, 2008, included a + $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') + for the express purpose of ``providing stability to and + preventing disruption in the economy and financial system''; + (3) the investment and commercial banks and other financial + institutions that have received taxpayer-funded bailouts + perform public functions supporting the operation of the + economy, in addition to their private profit-making functions; + (4) reports of billions of dollars in compensation and + obligations to executives have eroded public confidence in the + TARP, and have caused increasing opposition to other bailout + proposals, thereby impeding the Government's ability to address + the financial crisis; + (5) participation in the TARP and any other Federal + Government bailout program should be conditioned on a fair + restructuring of executive compensation obligations; + (6) taxpayer dollars should not support unreasonable + compensation to executives, particularly when in the absence of + taxpayer support, such compensation would be reduced as part of + a bankruptcy restructuring or liquidation; and + (7) establishing a due process forum will allow the + Government to ensure that executive compensation relying on + taxpayer funds is fair and reasonable, and that all sides enjoy + an opportunity to be heard. + +SEC. 3. DEFINITIONS. + + In this Act, the following definitions shall apply: + (1) Assisted entity.--The term ``assisted entity'' means + any recipient or applicant for assistance under the TARP. + (2) Panel.--The term ``Panel'' means the Temporary Economic + Recovery Oversight Panel established under section 7. + (3) Executive compensation.--The term ``executive + compensation'' means wages, salary, deferred compensation, + benefits, retirement arrangements, options, bonuses, office + fixtures, goods, or other property, travel, or entertainment, + vacation expenses, and any other form of compensation, + obligation, or expense that is not routinely provided to all + other employees of the assisted entity. + (4) Office.--The term ``Office'' means the Office of the + Taxpayer Advocate, established under section 4. + (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the + Troubled Asset Relief Program established under section 101 of + the Emergency Economic Stabilization Act of 2008 and funds + received thereunder, respectively, or pursuant to any successor + program. + (6) Secretary.--The term ``Secretary'' means Secretary of + the Treasury. + +SEC. 4. TAXPAYER ADVOCATE. + + (a) Establishment.--There is established within the Department of +Justice, the Office of the Taxpayer Advocate. + (b) Advocate.--The Office shall be headed by an Advocate, to be +appointed by the Attorney General of the United States for such +purpose. + (c) Duties.--The Advocate is authorized to conduct ongoing audits +and oversight of the recipients of TARP funds with respect to +compensation of the officers and directors of such entities. + (d) Access to Records.-- + (1) In general.--To the extent otherwise consistent with + law, the Advocate and the Office shall have access, upon + request, to any information, data, schedules, books, accounts, + financial records, reports, files, electronic communications, + or other papers, things, or property belonging to or in use by + the assisted entity and to the officers, directors, employees, + independent public accountants, financial advisors, and other + agents and representatives thereof (as related to the agent or + representative's activities on behalf of or under the authority + of the assisted entity) at such reasonable time as Office may + request. + (2) Copies.--The Advocate may make and retain copies of + such books, accounts, and other records as the Advocate deems + appropriate for the purposes of this Act. + (e) Reporting.--The Advocate shall submit quarterly reports of +findings under this Act to the appropriate committees of Congress, the +Secretary and the Special Inspector General for the TARP established +under the Emergency Economic Stabilization Act of 2008 on the +activities and performance of the Office. + (f) Audits.--The Office is authorized to conduct an audit of any +assisted entity for purposes of this Act. + +SEC. 5. POWERS OF THE OFFICE. + + (a) Investigations and Evidence.--The Office may, for purposes of +carrying out this Act-- + (1) take depositions or other testimony, receive evidence, + and administer oaths; and + (2) require, by subpoena or otherwise, the attendance and + testimony of witnesses and the production of books, records, + correspondence, memoranda, papers, and documents. + (b) Subpoenas.-- + (1) Service.--Subpoenas issued under subsection (a)(2) may + be served by any person designated by the Office. + (2) Enforcement.-- + (A) In general.--In the case of contumacy or + failure to obey a subpoena issued under subsection + (a)(2), the United States district court for the + judicial district in which the subpoenaed person + resides, is served, or may be found, or where the + subpoena is returnable, may issue an order requiring + such person to appear at any designated place to + testify or to produce documentary or other evidence. + Any failure to obey the order of the court may be + punished by the court as a contempt of that court. + (B) Additional enforcement.--Sections 102 through + 104 of the Revised Statutes of the United States (2 + U.S.C. 192 through 194) shall apply in the case of any + failure of any witness to comply with any subpoena or + to testify when summoned under the authority of this + section. + (c) Information From Federal Agencies.--The Office may secure +directly from any department, agency, or instrumentality of the United +States any information related to any inquiry of the Office conducted +under this Act. Each such department, agency, or instrumentality shall, +to the extent authorized by law, furnish such information directly to +the Office, upon request. + +SEC. 6. EXECUTIVE COMPENSATION AUTHORITY. + + (a) Negotiated Reductions Authorized.--The Advocate is authorized +to assist the Secretary in the negotiation of assistance under the +TARP, in order to assure that fair and reasonable executive +compensation is paid by entities receiving TARP funds, and to defend +any such agreements in the event of any challenge to the adjustments to +compensation obligations. If, after an audit authorized by this Act, +the Advocate finds reason to believe that any assisted entity would +have become insolvent if not for the receipt of assistance under the +TARP, the Advocate shall negotiate a reduction in the executive +compensation obligations of the assisted entity as a condition of the +continuing use or future receipt of such TARP assistance. + (b) Form.--Negotiated reductions in compensation under subsection +(a)-- + (1) may include vested deferred compensation; and + (2) shall be in an amount that is fair and reasonable in + light of the taxpayers' assistance, but not less than the + estimated value of the compensation obligations that would face + the estate or debtor-in-possession if the TARP funds had not + been granted and the entity had filed for bankruptcy + protection. + (c) Certification to Adjustment Panel.--The Advocate shall certify +the findings of the Office under this section to the Panel. + +SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL. + + (a) Establishment.--There is established the Temporary Economic +Recovery Oversight Panel. + (b) Makeup of Panel.--The Panel shall be comprised of 5 members, +appointed by the President for such purpose from among United States +bankruptcy court judges. The Secretary shall provide for appropriate +space and staff to support the functioning of the Panel. + (c) Duties.--The Panel shall-- + (1) promptly evaluate each proposed settlement reached + under section 6; + (2) approve or deny such proposed settlement; and + (3) if no settlement is reached under section 6, upon + petition of the Advocate or any individual subject to the + actions of the Advocate under section 6, issue an order + establishing an executive compensation program for such + individuals in accordance with this section. + (d) Notice and Hearing Required.--The Advocate shall provide +adequate notice to all affected persons of its intention to seek an +order from the Panel in accordance with this section, and the Panel +shall hold an evidentiary hearing on any proposed settlement or +petition of the Advocate. + (e) Standing.--Under any proceeding before the Panel, any +individual whose compensation might be adversely affected by Panel +action shall be a party in interest, having full procedural rights, +including the right to challenge a settlement between the assisted +entity and the Advocate, to challenge the certified findings of the +Advocate, or to appeal any order of the Panel. + (f) Appeals.--The Advocate and any party having standing before the +Panel shall have the right to appeal an order under this Act directly +to the United States Court of Appeals for the District of Columbia +Circuit. + (g) Effective Period.--Any order of the Panel setting forth a +reduction in compensation shall be effective 6 months after +confirmation, and shall remain in effect while any obligation arising +from assistance provided under the TARP remains outstanding.","Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). + +Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations. + +States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection. + +Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. + +Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached.",A bill to establish the Temporary Economic Recovery Adjustment Panel to curb excessive executive compensation at firms receiving emergency economic assistance., The Economic Recovery Adjustment Act of 2009 aims to address the financial crisis caused by the deterioration of financial firms in 2008. It establishes the Office of the Taxpayer Advocate within the Department of Justice to oversee the compensation of officers and directors of entities receiving Troubled Asset Relief Program (TARP) funds. The Advocate is authorized to negotiate reductions in executive compensation for entities that would have become insolvent without TARP assistance. The Temporary Economic Recovery Oversight Panel is established to evaluate proposed settlements and issue orders on executive compensation programs if no settlement is reached. +"TITLE I--NICODEMUS NATIONAL HISTORIC SITE + +SEC. 101. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds that-- + (1) the town of Nicodemus, in Kansas, has national + significance as the only remaining western town established by + African-Americans during the Reconstruction period following + the Civil War; + (2) the town of Nicodemus is symbolic of the pioneer spirit + of African-Americans who dared to leave the only region they + had been familiar with to seek personal freedom and the + opportunity to develop their talents and capabilities; and + (3) the town of Nicodemus continues to be a viable African- + American community. + (b) Purposes.--The purposes of this title are-- + (1) to preserve, protect, and interpret for the benefit and + enjoyment of present and future generations, the remaining + structures and locations that represent the history (including + the settlement and growth) of the town of Nicodemus, Kansas; + and + (2) to interpret the historical role of the town of + Nicodemus in the Reconstruction period in the context of the + experience of westward expansion in the United States. + +SEC. 102. DEFINITIONS. + + In this title: + (1) Historic site.--The term ``historic site'' means the + Nicodemus National Historic Site established by section 103. + (2) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + +SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE. + + (a) Establishment.--There is established the Nicodemus National +Historic Site in Nicodemus, Kansas. + (b) Description.-- + (1) In general.--The historic site shall consist of the + First Baptist Church, the St. Francis Hotel, the Nicodemus + School District Number 1, the African Methodist Episcopal + Church, and the Township Hall located within the approximately + 161.35 acres designated as the Nicodemus National Landmark in + the Township of Nicodemus, Graham County, Kansas, as registered + on the National Register of Historic Places pursuant to section + 101 of the National Historic Preservation Act (16 U.S.C. 470a), + and depicted on a map entitled ``Nicodemus National Historic + Site'', numbered 80,000 and dated August 1994. + (2) Map and boundary description.--The map referred to in + paragraph (1) and an accompanying boundary description shall be + on file and available for public inspection in the office of + the Director of the National Park Service and any other office + of the National Park Service that the Secretary determines to + be an appropriate location for filing the map and boundary + description. + +SEC. 104. ADMINISTRATION OF THE HISTORIC SITE. + + (a) In General.--The Secretary shall administer the historic site +in accordance with-- + (1) this title; and + (2) the provisions of law generally applicable to units of + the National Park System, including the Act entitled ``An Act + to establish a National Park Service, and for other purposes'', + approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of + August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et + seq.). + (b) Cooperative Agreements.--To further the purposes specified in +section 101(b), the Secretary may enter into a cooperative agreement +with any interested individual, public or private agency, organization, +or institution. + (c) Technical and Preservation Assistance.-- + (1) In general.--The Secretary may provide to any eligible + person described in paragraph (2) technical assistance for the + preservation of historic structures of, the maintenance of the + cultural landscape of, and local preservation planning for, the + historic site. + (2) Eligible persons.--The eligible persons described in + this paragraph are-- + (A) an owner of real property within the boundary + of the historic site, as described in section 103(b); + and + (B) any interested individual, agency, + organization, or institution that has entered into an + agreement with the Secretary pursuant to subsection + (b). + +SEC. 105. ACQUISITION OF REAL PROPERTY. + + (a) In General.--Subject to subsection (b), the Secretary is +authorized to acquire by donation, exchange, or purchase with funds +made available by donation or appropriation, such lands or interests in +lands as may be necessary to allow for the interpretation, +preservation, or restoration of the First Baptist Church, the St. +Francis Hotel, the Nicodemus School District Number 1, the African +Methodist Episcopal Church, or the Township Hall, as described in +section 103(b)(1), or any combination thereof. + (b) Limitations.-- + (1) Acquisition of property owned by the state of kansas.-- + Real property that is owned by the State of Kansas or a + political subdivision of the State of Kansas that is acquired + pursuant to subsection (a) may only be acquired by donation. + (2) Consent of owner required.--No real property may be + acquired under this section without the consent of the owner of + the real property. + +SEC. 106. GENERAL MANAGEMENT PLAN. + + (a) In General.--Not later than the last day of the third full +fiscal year beginning after the date of enactment of this Act, the +Secretary shall, in consultation with the officials described in +subsection (b), prepare a general management plan for the historic +site. + (b) Consultation.--In preparing the general management plan, the +Secretary shall consult with an appropriate official of each of the +following: + (1) The Nicodemus Historical Society. + (2) The Kansas Historical Society. + (3) Appropriate political subdivisions of the State of + Kansas that have jurisdiction over all or a portion of the + historic site. + (c) Submission of Plan to Congress.--Upon the completion of the +general management plan, the Secretary shall submit a copy of the plan +to-- + (1) the Committee on Energy and Natural Resources of the + Senate; and + (2) the Committee on Resources of the House of + Representatives. + +SEC. 107. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Department of the +Interior such sums as are necessary to carry out this title. + + TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT + +SEC. 201. FINDINGS AND PURPOSES. + + (a) Findings.--The Congress finds that-- + (1) the New Bedford National Historic Landmark District and + associated historic sites as described in section 203(b) of + this title, including the Schooner Ernestina, are National + Historic Landmarks and are listed on the National Register of + Historic Places as historic sites associated with the history + of whaling in the United States; + (2) the city of New Bedford was the 19th century capital of + the world's whaling industry and retains significant + architectural features, archival materials, and museum + collections illustrative of this period; + (3) New Bedford's historic resources provide unique + opportunities for illustrating and interpreting the whaling + industry's contribution to the economic, social, and + environmental history of the United States and provide + opportunities for public use and enjoyment; and + (4) the National Park System presently contains no sites + commemorating whaling and its contribution to American history. + (b) Purposes.--The purposes of this title are-- + (1) to help preserve, protect, and interpret the resources + within the areas described in section 203(b) of this title, + including architecture, setting, and associated archival and + museum collections; + (2) to collaborate with the city of New Bedford and with + local historical, cultural, and preservation organizations to + further the purposes of the park established under this title; + and + (3) to provide opportunities for the inspirational benefit + and education of the American people. + +SEC. 202. DEFINITIONS. + + For the purposes of this title: + (1) The term ``park'' means the New Bedford Whaling + National Historical Park established by section 203. + (2) The term ``Secretary'' means the Secretary of the + Interior. + +SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. + + (a) Establishment.--In order to preserve for the benefit and +inspiration of the people of the United States as a national historical +park certain districts structures, and relics located in New Bedford, +Massachusetts, and associated with the history of whaling and related +social and economic themes in America, there is established the New +Bedford Whaling National Historical Park. + (b) Boundaries.--(1) The boundaries of the park shall be those +generally depicted on the map numbered NAR-P49-80000-4 and dated June +1994. Such map shall be on file and available for public inspection in +the appropriate offices of the National Park Service. In case of any +conflict between the descriptions set forth in subparagraphs (A) +through (D) and such map, such map shall govern. The park shall include +the following: + (A) The area included within the New Bedford National + Historic Landmark District, known as the Bedford Landing + Waterfront Historic District, as listed within the National + Register of Historic Places and in the Massachusetts State + Register of Historic Places. + (B) The National Historic Landmark Schooner Ernestina, with + its home port in New Bedford. + (C) The land along the eastern boundary of the New Bedford + National Historic Landmark District over to the east side of + MacArthur Drive from the Route 6 overpass on the north to an + extension of School Street on the south. + (D) The land north of Elm Street in New Bedford, bounded by + Acushnet Avenue on the west, Route 6 (ramps) on the north, + MacArthur Drive on the east, and Elm Street on the south. + (2) In addition to the sites, areas and relics referred to in +paragraph (1) , the Secretary may assist in the interpretation and +preservation of each of the following: + (A) The southwest corner of the State Pier. + (B) Waterfront Park, immediately south of land adjacent to + the State Pier. + (C) The Rotch-Jones-Duff House and Garden Museum, located + at 396 County Street. + (D) The Wharfinger Building, located on Piers 3 and 4. + (E) The Bourne Counting House, located on Merrill's Wharf. + +SEC. 204. ADMINISTRATION OF PARK. + + (a) In General.--The park shall be administered by the Secretary in +accordance with this title and the provisions of law generally +applicable to units of the national park system, including the Act +entitled ``An Act to establish a National Park Service, and for other +purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, +and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461- +467). + (b) Cooperative Agreements.--(1) The Secretary may consult and +enter into cooperative agreements with interested entities and +individuals to provide for the preservation, development, +interpretation, and use of the park. + (2) Any payment made by the Secretary pursuant to a cooperative +agreement under this subsection shall be subject to an agreement that +conversion, use, or disposal of the project so assisted for purposes +contrary to the purposes of this title, as determined by the Secretary, +shall result in a right of the United States to reimbursement of all +funds made available to such project or the proportion of the increased +value of the project attributable to such funds as determined at the +time of such conversion, use, or disposal, whichever is greater. + (c) Non-Federal Matching Requirements.--(1) Funds authorized to be +appropriated to the Secretary for the purposes of-- + (A) cooperative agreements under subsection (b) shall be + expended in the ratio of one dollar of Federal funds for each + four dollars of funds contributed by non-Federal sources; and + (B) construction, restoration, and rehabilitation of + visitor and interpretive facilities (other than annual + operation and maintenance costs) shall be expended in the ratio + of one dollar of Federal funds for each one dollar of funds + contributed by non-Federal sources. + (2) For the purposes of this subsection, the Secretary is +authorized to accept from non-Federal sources, and to utilize for +purposes of this title, any money so contributed. With the approval of +the Secretary, any donation of property, services, or goods from a non- +Federal source may be considered as a contribution of funds from a non- +Federal source for the purposes of this subsection. + (d) Acquisition of Real Property.--For the purposes of the park, +the Secretary may acquire only by donation lands, interests in lands, +and improvements thereon within the park. + (e) Other Property, Funds, and Services.--The Secretary may accept +donated funds, property, and services to carry out this title. + +SEC. 205. GENERAL MANAGEMENT PLAN. + + Not later than the end of the second fiscal year beginning after +the date of enactment of this Act, the Secretary shall submit to the +Committee on Resources of the House of Representatives and the +Committee on Energy and Natural Resources of the Senate a general +management plan for the park and shall implement such plan as soon as +practically possible. The plan shall be prepared in accordance with +section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and +other applicable law. + +SEC. 206. AUTHORIZATION OF APPROPRIATIONS. + + (a) In General.--Except as provided in subsection (b), there are +authorized to be appropriated such sums as may be necessary to carry +out annual operations and maintenance with respect to the park. + (b) Exceptions.--In carrying out this title-- + (1) not more than $2,000,000 may be appropriated for + construction, restoration, and rehabilitation of visitor and + interpretive facilities, and directional and visitor + orientation signage; + (2) none of the funds authorized to be appropriated by this + title may be used for the operation or maintenance of the + Schooner Ernestina; and + (3) not more than $50,000 annually of Federal funds may be + used for interpretive and educational programs for the Schooner + Ernestina pursuant to cooperative grants under section 204(b). + + Passed the Senate May 2, 1996. + + Attest: + + KELLY D. JOHNSTON, + + Secretary.","TABLE OF CONTENTS: + Title I: Nicodemus National Historic Site + Title II: New Bedford National Historic Landmark District +Title I: Nicodemus National Historic Site + - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. +Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site. +Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. +Authorizes appropriations. +Title II: New Bedford National Historic Landmark District + - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). +Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.",A bill to establish the Nicodemus National Historic Site and the New Bedford National Historic Landmark.," The Nicodemus National Historic Site is established to preserve and interpret the history of the town of Nicodemus, Kansas, which was established by African-Americans during the Reconstruction period following the Civil War. The site includes several historic structures such as the First Baptist Church, St. Francis Hotel, Nicodemus School District Number 1, African Methodist Episcopal Church, and Township Hall. The National Park Service is responsible for administering the site. + +The New Bedford National Historic Landmark District is established to preserve and interpret resources associated with the history of whaling in the United States. The park includes several sites such as the New Bedford Whaling National Historical Park, Schooner Ernestina, and other related structures and relics. The National Park Service is responsible for administering the park." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Keep Student Loans Affordable Act of +2013''. + +SEC. 2. INTEREST RATE EXTENSION. + + Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. +1087e(b)(7)(D)) is amended-- + (1) in the matter preceding clause (i), by striking ``and + before July 1, 2013,'' and inserting ``and before July 1, + 2014,''; and + (2) in clause (v), by striking ``and before July 1, 2013,'' + and inserting ``and before July 1, 2014,''. + +SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. + + (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code +of 1986 is amended to read as follows: + ``(B) Required distributions where employee dies + before entire interest is distributed.-- + ``(i) 5-year general rule.--A trust shall + not constitute a qualified trust under this + section unless the plan provides that, if an + employee dies before the distribution of the + employee's interest (whether or not such + distribution has begun in accordance with + subparagraph (A)), the entire interest of the + employee will be distributed within 5 years + after the death of such employee. + ``(ii) Exception for eligible designated + beneficiaries.--If-- + ``(I) any portion of the employee's + interest is payable to (or for the + benefit of) an eligible designated + beneficiary, + ``(II) such portion will be + distributed (in accordance with + regulations) over the life of such + eligible designated beneficiary (or + over a period not extending beyond the + life expectancy of such beneficiary), + and + ``(III) such distributions begin + not later than 1 year after the date of + the employee's death or such later date + as the Secretary may by regulations + prescribe, + then, for purposes of clause (i) and except as + provided in clause (iv) or subparagraph + (E)(iii), the portion referred to in subclause + (I) shall be treated as distributed on the date + on which such distributions begin. + ``(iii) Special rule for surviving spouse + of employee.--If the eligible designated + beneficiary referred to in clause (ii)(I) is + the surviving spouse of the employee-- + ``(I) the date on which the + distributions are required to begin + under clause (ii)(III) shall not be + earlier than the date on which the + employee would have attained age 70\1/ + 2\, and + ``(II) if the surviving spouse dies + before the distributions to such spouse + begin, this subparagraph shall be + applied as if the surviving spouse were + the employee. + ``(iv) Rules upon death of eligible + designated beneficiary.--If an eligible + designated beneficiary dies before the portion + of an employee's interest described in clause + (ii) is entirely distributed, clause (ii) shall + not apply to any beneficiary of such eligible + designated beneficiary and the remainder of + such portion shall be distributed within 5 + years after the death of such beneficiary.''. + (b) Definition of Eligible Designated Beneficiary.--Section +401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as +follows: + ``(E) Definitions and rules relating to designated + beneficiary.--For purposes of this paragraph-- + ``(i) Designated beneficiary.--The term + `designated beneficiary' means any individual + designated as a beneficiary by the employee. + ``(ii) Eligible designated beneficiary.-- + The term `eligible designated beneficiary' + means, with respect to any employee, any + designated beneficiary who, as of the date of + death of the employee, is-- + ``(I) the surviving spouse of the + employee, + ``(II) subject to clause (iii), a + child of the employee who has not + reached majority (within the meaning of + subparagraph (F)), + ``(III) disabled (within the + meaning of section 72(m)(7)), + ``(IV) a chronically ill individual + (within the meaning of section + 7702B(c)(2), except that the + requirements of subparagraph (A)(i) + thereof shall only be treated as met if + there is a certification that, as of + such date, the period of inability + described in such subparagraph with + respect to the individual is an + indefinite one that is reasonably + expected to be lengthy in nature), or + ``(V) an individual not described + in any of the preceding subparagraphs + who is not more than 10 years younger + than the employee. + ``(iii) Special rule for children.--Subject + to subparagraph (F), an individual described in + clause (ii)(II) shall cease to be an eligible + designated beneficiary as of the date the + individual reaches majority and the requirement + of subparagraph (B)(i) shall not be treated as + met with respect to any remaining portion of an + employee's interest payable to the individual + unless such portion is distributed within 5 + years after such date.''. + (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal +Revenue Code of 1986 is amended by adding at the end the following new +clause: + ``(v) Employees becoming 5-percent owners + after age 70\1/2\.--If an employee becomes a 5- + percent owner (as defined in section 416) with + respect to a plan year ending in a calendar + year after the calendar year in which the + employee attains age 70\1/2\, then clause + (i)(II) shall be applied by substituting the + calendar year in which the employee became such + an owner for the calendar year in which the + employee retires.''. + (d) Effective Dates.-- + (1) In general.--Except as provided in this subsection, the + amendments made by this section shall apply to distributions + with respect to employees who die after December 31, 2013. + (2) Required beginning date.-- + (A) In general.--The amendment made by subsection + (c) shall apply to employees becoming a 5-percent owner + with respect to plan years ending in calendar years + beginning before, on, or after the date of the + enactment of this Act. + (B) Special rule.--If-- + (i) an employee became a 5-percent owner + with respect to a plan year ending in a + calendar year which began before January 1, + 2013, and + (ii) the employee has not retired before + calendar year 2014, + such employee shall be treated as having become a 5- + percent owner with respect to a plan year ending in + 2013 for purposes of applying section 401(a)(9)(C)(v) + of the Internal Revenue Code of 1986 (as added by the + amendment made by subsection (c)). + (3) Exception for certain beneficiaries.--If a designated + beneficiary of an employee who dies before January 1, 2014, + dies after December 31, 2013-- + (A) the amendments made by this section shall apply + to any beneficiary of such designated beneficiary, and + (B) the designated beneficiary shall be treated as + an eligible designated beneficiary for purposes of + applying section 401(a)(9)(B)(iv) of such Code (as in + effect after the amendments made by this section). + (4) Exception for certain existing annuity contracts.-- + (A) In general.--The amendments made by this + section shall not apply to a qualified annuity which is + a binding annuity contract in effect on the date of the + enactment of this Act and at all times thereafter. + (B) Qualified annuity contract.--For purposes of + this paragraph, the term ``qualified annuity'' means, + with respect to an employee, an annuity-- + (i) which is a commercial annuity (as + defined in section 3405(e)(6) of such Code) or + payable by a defined benefit plan, + (ii) under which the annuity payments are + substantially equal periodic payments (not less + frequently than annually) over the lives of + such employee and a designated beneficiary (or + over a period not extending beyond the life + expectancy of such employee or the life + expectancy of such employee and a designated + beneficiary) in accordance with the regulations + described in section 401(a)(9)(A)(ii) of such + Code (as in effect before such amendments) and + which meets the other requirements of this + section 401(a)(9) of such Code (as so in + effect) with respect to such payments, and + (iii) with respect to which-- + (I) annuity payments to the + employee have begun before January 1, + 2014, and the employee has made an + irrevocable election before such date + as to the method and amount of the + annuity payments to the employee or any + designated beneficiaries, or + (II) if subclause (I) does not + apply, the employee has made an + irrevocable election before the date of + the enactment of this Act as to the + method and amount of the annuity + payments to the employee or any + designated beneficiaries.","Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines ""eligible designated beneficiary"" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act. ",Keep Student Loans Affordable Act of 2013," The ""Keep Student Loans Affordable Act of 2013"" aims to amend Section 455(b)(7)(D) of the Higher Education Act of 1965 to extend interest rate provisions for student loans. It also seeks to modify required distribution rules for pension plans under Section 401(a)(9)(B) of the Internal Revenue Code of 1986. The amendments would apply to distributions with respect to employees who die after December 31, 2013, with some exceptions for certain beneficiaries and existing annuity contracts." +"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. + + (a) Short Title.--This Act may be cited as the ``Grow Research +Opportunities With Taxcredits' Help Act'' or ``GROWTH Act''. + (b) Amendment of 1986 Code.--Except as otherwise expressly +provided, whenever in this Act an amendment or repeal is expressed in +terms of an amendment to, or repeal of, a section or other provision, +the reference shall be considered to be made to a section or other +provision of the Internal Revenue Code of 1986. + +SEC. 2. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE + SIMPLIFIED RESEARCH CREDIT. + + (a) Extension of Credit.-- + (1) In general.--Subparagraph (B) of section 41(h)(1) is + amended by striking ``December 31, 2009'' and inserting + ``December 31, 2010''. + (2) Conforming amendment.--Subparagraph (D) of section + 45C(b)(1) is amended by striking ``December 31, 2009'' and + inserting ``December 31, 2010''. + (3) Effective date.--The amendments made by this subsection + shall apply to amounts paid or incurred after December 31, + 2009. + (b) Alternative Simplified Research Credit Increased.-- + (1) Increased credit.--Paragraph (5) of section 41(c) + (relating to election of alternative simplified credit) is + amended-- + (A) by striking ``14 percent (12 percent in the + case of taxable years ending before January 1, 2009)'' + in subparagraph (A) and inserting ``20 percent'', and + (B) by striking ``6 percent'' in subparagraph + (B)(ii) and inserting ``10 percent''. + (2) Effective date.--The amendment made by this subsection + shall apply to taxable years beginning after the date of the + enactment of this Act. + +SEC. 3. MODIFICATION OF RESEARCH CREDIT AFTER 2010. + + (a) Simplified Credit for Qualified Research Expenses.--Subsection +(a) of section 41 is amended to read as follows: + ``(a) General Rule.-- + ``(1) Credit determined.--For purposes of section 38, the + research credit determined under this section for the taxable + year shall be an amount equal to 20 percent of so much of the + qualified research expenses for the taxable year as exceeds 50 + percent of the average qualified research expenses for the 3 + taxable years preceding the taxable year for which the credit + is being determined. + ``(2) Special rule in case of no qualified research + expenses in any of 3 preceding taxable years.-- + ``(A) Taxpayers to which paragraph applies.--The + credit under this section shall be determined under + this paragraph if the taxpayer has no qualified + research expenses in any one of the 3 taxable years + preceding the taxable year for which the credit is + being determined. + ``(B) Credit rate.--The credit determined under + this paragraph shall be equal to 10 percent of the + qualified research expenses for the taxable year.''. + (b) Conforming Amendments.-- + (1) Termination of base amount calculation.--Section 41 is + amended by striking subsection (c) and redesignating subsection + (d) as subsection (c). + (2) Termination of basic research payment calculation.-- + Section 41 is amended by striking subsection (e) and + redesignating subsections (f) and (g) as subsections (d) and + (e), respectively. + (3) Special rules.-- + (A) Paragraph (1)(A)(ii) of subsection (d) of + section 41, as so redesignated, is amended by striking + ``shares of the qualified research expenses, basic + research payments, and amounts paid or incurred to + energy research consortiums,'' and inserting ``share of + the qualified research expenses''. + (B) Paragraph (1)(B)(ii) of section 41(d), as so + redesignated, is amended by striking ``shares of the + qualified research expenses, basic research payments, + and amounts paid or incurred to energy research + consortiums,'' and inserting ``share of the qualified + research expenses''. + (C) Paragraph (3) of section 41(d), as so + redesignated, is amended-- + (i) by striking ``, and the gross receipts + of the taxpayer'' and all that follows in + subparagraph (A) and inserting a period, + (ii) by striking ``, and the gross receipts + of the taxpayer'' and all that follows in + subparagraph (B) and inserting a period, and + (iii) by striking subparagraph (C). + (D) Paragraph (4) of section 41(d), as so + redesignated, is amended by striking ``and gross + receipts''. + (E) Subsection (d) of section 41, as so + redesignated, is amended by striking paragraph (6). + (4) Permanent extension.-- + (A) Section 41 is amended by striking subsection + (h). + (B) Paragraph (1) of section 45C(b) is amended by + striking subparagraph (D). + (5) Cross-references.-- + (A) Paragraphs (2)(A) and (4) of section 41(b) are + each amended by striking ``subsection (f)(1)'' and + inserting ``subsection (d)(1)''. + (B) Paragraph (2) of section 45C(c) is amended by + striking ``base period research expenses'' and + inserting ``average qualified research expenses''. + (C) Paragraph (3) of section 45C(d) is amended by + striking ``section 41(f)'' and inserting ``section + 41(d)''. + (D) Paragraph (2) of section 45G(e) is amended by + striking ``section 41(f)'' and inserting ``section + 41(d)''. + (E) Subsection (g) of section 45O is amended by + striking ``section 41(f)'' and inserting ``section + 41(d)''. + (F) Subparagraph (A) of section 54(l)(3) is amended + by striking ``section 41(g)'' and inserting ``section + 41(e)''. + (G) Clause (i) of section 170(e)(4)(B) is amended + to read as follows: + ``(i) the contribution is to a qualified + organization,''. + (H) Paragraph (4) of section 170(e) is amended by + adding at the end the following new subparagraph: + ``(E) Qualified organization.--For purposes of this + paragraph, the term `qualified organization' means-- + ``(i) any educational organization which-- + ``(I) is an institution of higher + education (within the meaning of + section 3304(f)), and + ``(II) is described in subsection + (b)(1)(A)(ii), or + ``(ii) any organization not described in + clause (i) which-- + ``(I) is described in section + 501(c)(3) and is exempt from tax under + section 501(a), + ``(II) is organized and operated + primarily to conduct scientific + research, and + ``(III) is not a private + foundation.''. + (I) Subsection (f) of section 197 is amended by + striking ``section 41(f)(1)'' each place it appears in + paragraphs (1)(C) and (9)(C)(i) and inserting ``section + 41(d)(1)''. + (J) Section 280C is amended-- + (i) by striking ``41(f)'' each place it + appears in subsection (b)(3) and inserting + ``41(d)'', + (ii) by striking ``or basic research + expenses (as defined in section 41(e)(2))'' in + subsection (c)(1), + (iii) by striking ``section 41(a)(1)'' in + subsection (c)(2)(A) and inserting ``section + 41(a)'', and + (iv) by striking ``or basic research + expenses'' in subsection (c)(2)(B). + (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is + amended by striking ``section 41(f)'' and inserting + ``section 41(d)''. + (L) Subparagraph (D) of section 936(j)(5) is + amended by striking ``section 41(f)(3)'' and inserting + ``section 41(d)(3)''. + (M) Clause (i) of section 965(c)(2)(C) is amended + by striking ``section 41(f)(3)'' and inserting + ``section 41(d)(3)''. + (N) Clause (i) of section 1400N(l)(7)(B) is amended + by striking ``section 41(g)'' and inserting ``section + 41(e)''. + (c) Technical Corrections.--Section 409 is amended-- + (1) by inserting ``, as in effect before the enactment of + the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in + subsection (b)(1)(A), + (2) by inserting ``, as in effect before the enactment of + the Tax Reform Act of 1984'' after ``relating to the employee + stock ownership credit'' in subsection (b)(4), + (3) by inserting ``(as in effect before the enactment of + the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in + subsection (i)(1)(A), + (4) by inserting ``(as in effect before the enactment of + the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in + subsection (m), + (5) by inserting ``(as so in effect)'' after ``section + 48(n)(1)'' in subsection (m), + (6) by inserting ``(as in effect before the enactment of + the Tax Reform Act of 1984)'' after ``section 48(n)'' in + subsection (q)(1), and + (7) by inserting ``(as in effect before the enactment of + the Tax Reform Act of 1984)'' after ``section 41'' in + subsection (q)(3). + (d) Effective Date.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall apply to taxable years + beginning after December 31, 2010. + (2) Technical corrections.--The amendments made by + subsection (c) shall take effect on the date of the enactment + of this Act.",Grow Research Opportunities With Taxcredits' Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) extend the tax credit for increasing research activities through 2010; (2) modify the rate of such credit and make such modified credit permanent after 2010; and (3) increase to 20% the rate of the alternative simplified research tax credit after 2010.,"A bill to amend the Internal Revenue Code of 1986 to extend the research credit through 2010 and to increase and make permanent the alternative simplified research credit, and for other purposes."," The Growth Research Opportunities With Tax Credits (GROWTH) Act aims to extend the research credit and increase the alternative simplified research credit. The extension of credit is applied to amounts paid or incurred after December 31, 2009. The alternative simplified research credit is increased to 20% for taxable years beginning after the date of enactment of this Act. The Act also includes modifications to research credit after 2010, with changes to the general rule for determining credit amounts and special rules for cases with no qualified research expenses in any of the three preceding taxable years. Additionally, the Act includes technical corrections to sections 409, 41(c)(1)(B), 41(c)(1)(B), 41(c)(1)(B), 41(c)(1)(B), 41(c)(1)(B), 41(c)(1)(B), 48(n)(1), 48(n), and 41(q)(3)." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Troop Talent Act of 2013''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) According to the Bureau of Labor Statistics, the + unemployment rate for recent veterans of military operations in + Iraq and Afghanistan was 9.4 percent in February 2013, compared + with 7.6 percent in February 2012. + (2) With the unemployment rate among such veterans higher + than the national average and the number of veterans receiving + unemployment benefits doubling since 2002, there is a + significant need to assist members of the Armed Forces as they + transition to the civilian workforce. + (3) In order to remain competitive in the civilian + employment market, members of the Armed Forces and veterans + require information about how their military skill sets + translate to the requirements of the civilian workforce. + Members of the Armed Forces currently receive insufficient or + inadequate information during their training for military + occupational specialties on translating skills obtained during + such training to civilian occupations and credentials. + (4) In addition, there is a need for enhanced access by + accredited credentialing agencies to military training + curricula in order to facilitate and enhance the correlation + between military training and applicable civilian credentialing + courses and exams. + (5) The information technology sector is one of the fastest + growing industries, with tremendous job growth and demand for + talented, qualified individuals. The information technology + sector has an unemployment rate of 3.5 percent according to a + Bureau of Labor Statistics report from February 2013. + (6) The Bureau of Labor Statistics projects a need for + 110,000 computer support specialists over the next decade. + Currently, the size of the information technology workforce in + the Armed Forces is about 160,000 members. + +SEC. 3. ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND TRAINING FOR + MILITARY OCCUPATIONAL SPECIALTIES WITH SKILLS AND + TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND + LICENSES. + + (a) Improvement of Information Available to Members of the Armed +Forces About Correlation.-- + (1) In general.--The Secretaries of the military + departments, in coordination with the Under Secretary of + Defense for Personnel and Readiness, shall, to the maximum + extent practicable, make information on civilian credentialing + opportunities available to members of the Armed Forces + beginning with, and at every stage of, training of members for + military occupational specialties, in order to permit members-- + (A) to evaluate the extent to which such training + correlates with the skills and training required in + connection with various civilian certifications and + licenses; and + (B) to assess the suitability of such training for + obtaining or pursuing such civilian certifications and + licenses. + (2) Coordination with transition goals plans success + program.--Information shall be made available under paragraph + (1) in a manner consistent with the Transition Goals Plans + Success (GPS) program. + (3) Types of information.--The information made available + under paragraph (1) shall include, but not be limited to, the + following: + (A) Information on the civilian occupational + equivalents of military occupational specialties (MOS). + (B) Information on civilian license or + certification requirements, including examination + requirements. + (C) Information on the availability and + opportunities for use of educational benefits available + to members of the Armed Forces, as appropriate, + corresponding training, or continuing education that + leads to a certification exam in order to provide a + pathway to credentialing opportunities. + (4) Use and adaptation of certain programs.--In making + information available under paragraph (1), the Secretaries of + the military departments may use and adapt appropriate portions + of the Credentialing Opportunities On-Line (COOL) programs of + the Army and the Navy and the Credentialing and Educational + Research Tool (CERT) of the Air Force. + (b) Improvement of Access of Accredited Civilian Credentialing +Agencies to Military Training Content.-- + (1) In general.--The Secretaries of the military + departments, in coordination with the Under Secretary of + Defense for Personnel and Readiness, shall, to the maximum + extent practicable consistent with national security + requirements, make available to accredited civilian + credentialing agencies that issue certifications or licenses, + upon request of such agencies, information such as military + course training curricula, syllabi, and materials, levels of + military advancement attained, and professional skills + developed. + (2) Central repository.--The actions taken pursuant to + paragraph (1) may include the establishment of a central + repository of information on training and training materials + provided members in connection with military occupational + specialties that is readily accessible by accredited civilian + credentialing agencies described in that paragraph in order to + meet requests described in that paragraph. + +SEC. 4. USE OF EDUCATIONAL ASSISTANCE FOR COURSES IN PURSUIT OF + CIVILIAN CERTIFICATIONS OR LICENSES. + + (a) Courses Under Department of Defense Educational Assistance +Authorities.-- + (1) In general.--Chapter 101 of title 10, United States + Code, is amended by inserting after section 2015 the following + new section: +``Sec. 2015a. Civilian certifications and licenses: use of educational + assistance for courses in pursuit of civilian + certifications or licenses + ``(a) Limitation on Use of Assistance.--In the case of a member of +the armed forces who is enrolled in an educational institution in a +State for purposes of obtaining employment in an occupation or +profession requiring the approval or licensure of a board or agency of +that State, educational assistance specified in subsection (b) may be +used by the member for a course offered by the educational institution +that is a required element of the curriculum to be satisfied to obtain +employment in that occupation or profession only if-- + ``(1) the successful completion of the curriculum fully + qualifies a student to-- + ``(A) take any examination required for entry into + the occupation or profession, including satisfying any + State or professionally mandated programmatic and + specialized accreditation requirements; and + ``(B) be certified or licensed or meet any other + academically related pre-conditions that are required + for entry into the occupation or profession; and + ``(2) in the case of State licensing or professionally + mandated requirements for entry into the occupation or + profession that require specialized accreditation, the + curriculum meets the requirement for specialized accreditation + through its accreditation or pre-accreditation by an + accrediting agency or association recognized by the Secretary + of Education or designated by that State as a reliable + authority as to the quality or training offered by the + institution in that program. + ``(b) Covered Educational Assistance.--The educational assistance +specified in this subsection is educational assistance as follows: + ``(1) Educational assistance for members of the armed + forces under section 2007 and 2015 of this title. + ``(2) Educational assistance for persons enlisting for + active duty under chapter 106A of this title. + ``(3) Educational assistance for members of the armed + forces held as captives under section 2183 of this title. + ``(4) Educational assistance for members of the Selected + Reserve under chapter 1606 of this title. + ``(5) Educational assistance for reserve component members + supporting contingency operations and other operations under + chapter 1607 of this title. + ``(6) Such other educational assistance provided members of + the armed forces under the laws administered by the Secretary + of Defense or the Secretaries of the military departments as + the Secretary of Defense shall designate for purposes of this + section.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 101 of such title is amended by inserting + after the item relating to section 2015 the following new item: + +``2015a. Civilian certifications and licenses: use of educational + assistance for courses in pursuit of + civilian certifications or licenses.''. + (b) Courses Under Educational Assistance Authorities Administered +by Secretary of Veterans Affairs.--Section 3679 of title 38, United +States Code, is amended by adding at the end the following new +subsection: + ``(c) A course offered by an educational institution in a State +that is a required element of the curriculum to be satisfied to obtain +employment in an occupation or profession requiring the approval or +licensure of a board or agency of that State may be treated as approved +for purposes of this chapter by an individual seeking to obtain +employment in that occupation or profession only if-- + ``(1) the successful completion of the curriculum fully + qualifies a student to-- + ``(A) take any examination required for entry into + the occupation or profession, including satisfying any + State or professionally mandated programmatic and + specialized accreditation requirements; and + ``(B) be certified or licensed or meet any other + academically related pre-conditions that are required + for entry into the occupation or profession; and + ``(2) in the case of State licensing or professionally + mandated requirements for entry into the occupation or + profession that require specialized accreditation, the + curriculum meets the requirement for specialized accreditation + through its accreditation or pre-accreditation by an + accrediting agency or association recognized by the Secretary + of Education or designated by that State as a reliable + authority as to the quality or training offered by the + institution in that program.''. + (c) Effective Date.--The amendments made by this section shall take +effect on August 1, 2014, and shall apply with respect to courses +pursued on or after that date. + +SEC. 5. COVERAGE OF MILITARY OCCUPATIONAL SPECIALTIES RELATING TO + MILITARY INFORMATION TECHNOLOGY UNDER PILOT PROGRAM ON + RECEIPT OF CIVILIAN CREDENTIALS FOR SKILLS REQUIRED FOR + MILITARY OCCUPATIONAL SPECIALTIES. + + The military occupational specialties designated for purposes of +the pilot program on receipt of civilian credentials for skills +required for military occupational specialties under section 558 of the +National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 +note) shall include military occupational specialties relating to the +military information technology workforce. + +SEC. 6. REVIVAL OF PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY + COMMITTEE OF THE DEPARTMENT OF VETERANS AFFAIRS. + + (a) In General.--The Secretary of Veterans Affairs shall +reestablish the Professional Certification and Licensure Advisory +Committee of the Department of Veterans Affairs provided for under +section 3689(e) of title 38, United States Code. The Committee shall be +reestablished in accordance with the provisions of such section +3689(e), as amended by subsection (b), and shall carry out its duties +in conformance with, and subject to the requirements of such section, +as so amended. + (b) Modification of Authorities and Requirements.--Section 3689(e) +of title 38, United States Code, is amended-- + (1) in paragraph (2)-- + (A) by inserting ``(A)'' after ``(2)''; and + (B) by adding at the end the following new + subparagraph: + ``(B) In addition to the duties under subparagraph (A), the +Committee shall-- + ``(i) develop, in coordination with other appropriate + agencies, guidance to be used by the Department or other + entities to perform periodic audits of licensure and + certification programs to ensure the highest quality education + is available to veterans and members of the Armed Forces; and + ``(ii) develop, in coordination with the Department of + Defense, appropriate certification agencies, and other + appropriate non-profit organizations, a plan to improve + outreach to veterans and members of the Armed Forces on the + importance of licensing and certification, as well as + educational benefits available to them.''; + (2) in paragraph (3)(B), by striking ``and the Secretary of + Defense'' and inserting ``the Secretary of Defense, and the + Secretary of Education''; + (3) in paragraph (4), by striking subparagraph (B) and + inserting the following new subparagraph: + ``(B) The Committee shall meet with such frequency as the Committee +determines appropriate.''; and + (4) in paragraph (5), by striking ``December 31, 2006'' and + inserting ``December 31, 2019''. + (c) Report.--Not later than 180 days after the date of the +reestablishment of the Professional Certification and Licensure +Advisory Committee of the Department of Veterans Affairs pursuant to +this section, the Committee shall submit to Congress a report setting +forth an assessment of the feasibility and advisability of permitting +members of the Armed Forces to use educational assistance to which they +are entitled under chapters 30 and 33 of title 38, United States Code, +to obtain or pursue civilian employment certifications or licenses +without the use of such assistance for that purpose being charged +against the entitlement of such members to such educational assistance.","Troop Talent Act of 2013 - Directs the Secretaries of the military departments, to the maximum extent practicable, to make information on civilian credentialing opportunities available to members of the Armed Forces (members) beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members. Allows members or veterans to use educational assistance provided through the Department of Defense (DOD) or the Department of Veterans Affairs (VA) in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and be certified or licensed to meet any other academic conditions required for entry into that occupation or profession. Requires the military occupational specialties designated for a military skills to civilian credentialing pilot program under the National Defense Authorization Act for Fiscal Year 2012 to include those specialties relating to the military information technology workforce. Directs the VA Secretary to reestablish the Professional Certification and Licensure Advisory Committee (under current law, terminated on December 31, 2006). Provides additional Committee duties, including the development of: (1) guidance for audits of licensure and certification programs in order to ensure high-quality education to members and veterans, and (2) a plan to improve outreach to members and veterans on the importance of licensing and certification and the availability of educational benefits.",Troop Talent Act of 2013," The Troop Talent Act of 2013 aims to enhance mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses. It seeks to improve access for accredited civilian credentialing agencies to military training content and use educational assistance for courses in pursuit of civilian certifications or licenses. The Act also covers coverage of military occupational specialties relating to military information technology under a pilot program on receipt of civilian credentials for skills required for military occupational specialties. Finally, it revives the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs to develop guidance for periodic audits of licensure and certification programs for veterans and members of the Armed Forces." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Competitiveness Tax Credit Act''. + +SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER + PRODUCTIVE EQUIPMENT. + + (a) Allowance of Credit.--Section 46 of the Internal Revenue Code +of 1986 (relating to amount of investment credit) is amended by +striking ``and'' at the end of paragraph (2), by striking the period at +the end of paragraph (3) and inserting ``, and'', and by adding at the +end the following new paragraph: + ``(4) the manufacturing and other productive equipment + credit.'' + (b) Amount of Credit.--Section 48 of such Code is amended by adding +at the end the following new subsection: + ``(c) Manufacturing and Other Productive Equipment Credit.-- + ``(1) In general.--For purposes of section 46, the + manufacturing and other productive equipment credit for any + taxable year is an amount equal to the sum of-- + ``(A) the domestic equipment credit, and + ``(B) the nondomestic equipment credit. + ``(2) Amount of domestic and nondomestic equipment + credits.--For purposes of this subsection-- + ``(A) Domestic equipment credit.-- + ``(i) In general.--The domestic equipment + credit for any taxable year is 10 percent of + the amount equal to the product of-- + ``(I) the domestic equipment ratio, + and + ``(II) the qualified increase + amount. + ``(ii) Domestic equipment ratio.--The + domestic equipment ratio for any taxable year + is a fraction in which-- + ``(I) the numerator is the + aggregate bases of the qualified + manufacturing and other productive + equipment properties placed in service + during such taxable year which are of + domestic origin, and + ``(II) the denominator is the + aggregate bases of all qualified + manufacturing and other productive + equipment properties placed in service + during such taxable year. + ``(B) Nondomestic equipment credit.-- + ``(i) In general.--The nondomestic + equipment credit for any taxable year is 7 + percent of the amount equal to the product of-- + ``(I) the nondomestic equipment + ratio, and + ``(II) the qualified increase + amount. + ``(ii) Nondomestic equipment ratio.--The + nondomestic equipment ratio for any taxable + year is a fraction in which-- + ``(I) the numerator is the + aggregate bases of the qualified + manufacturing and other productive + equipment properties placed in service + during such taxable year which are not + of domestic origin, and + ``(II) the denominator is the + aggregate bases of all qualified + manufacturing and other productuve + equipment properties placed in service + during such taxable year. + ``(C) Determination of domestic origin.-- + ``(i) In general.--Property shall be + treated as being of domestic origin only if-- + ``(I) the property was completed in + the United States, and + ``(II) at least 50 percent of the + basis of the property is attributable + to value added within the United + States. + ``(ii) United states.--The term `United + States' includes the Commonwealth of Puerto + Rico and the possessions of the United States. + ``(3) Qualified manufacturing and other productive + equipment property.--For purposes of this subsection-- + ``(A) In general.--The term `qualified + manufacturing and other productive equipment property' + means any property-- + ``(i) which is used as an integral part of + the manufacture or production of tangible + personal property and increases the efficiency + of the manufacturing or production process; + ``(ii) which is tangible property to which + section 168 applies, other than 3-year property + (within the meaning of section 168(e)), + ``(iii) which is section 1245 property (as + defined in section 1245(a)(3)), and + ``(iv)(I) the construction, reconstruction, + or erection of which is completed by the + taxpayer, or + ``(II) which is acquired by the taxpayer, + if the original use of such property commences + with the taxpayer. + ``(B) Special rule for computer software.--In the + case of any computer software-- + ``(i) which is used to control or monitor a + manufacturing or production process, + ``(ii) which increases the efficiency of + the manufacturing or production process, and + ``(iii) with respect to which depreciation + (or amortization in lieu of depreciation) is + allowable, + such software shall be treated as qualified + manufacturing and other productive equipment property. + ``(4) Qualified increase amount.--For purposes of this + subsection-- + ``(A) In general.--The term `qualified increase + amount' means the excess (if any) of-- + ``(i) the aggregate bases of qualified + manufacturing and other productive equipment + properties placed in service during the taxable + year, over + ``(ii) the base amount. + ``(B) Base amount.--The term `base amount' means + the product of-- + ``(i) the fixed-base percentage, and + ``(ii) the average annual gross receipts of + the taxpayer for the 4 taxable years preceding + the taxable year for which the credit is being + determined (in this subsection referred to as + the `credit year'). + ``(C) Minimum base amount.--In no event shall the + base amount be less than 50 percent of the amount + determined under subparagraph (A)(i). + ``(D) Fixed-base percentage.-- + ``(i) In general.--The fixed-base + percentage is the percentage which the + aggregate amounts described in subparagraph + (A)(i) for taxable years beginning after + December 31, 1987, and before January 1, 1993, + is of the aggregate gross receipts of the + taxpayer for such taxable years. + ``(ii) Rounding.--The percentages + determined under clause (i) shall be rounded to + the nearest \1/100\ of 1 percent. + ``(E) Other rules.--Rules similar to the rules of + paragraphs (4) and (5) of section 41(c) shall apply for + purposes of this paragraph. + ``(5) Coordination with other credits.--This subsection + shall not apply to any property to which the energy credit or + rehabilitation credit would apply unless the taxpayer elects to + waive the application of such credits to such property. + ``(6) Certain progress expenditure rules made applicable.-- + Rules similar to rules of subsections (c)(4) and (d) of section + 46 (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 subsection. + ``(7) Termination date.--This subsection shall not apply to + any property placed in service after the expiration of the 2- + year period beginning on the date of the enactment of this + Act.'' + (c) Technical Amendments.-- + (1) Clause (ii) of section 49(a)(1)(C) of such Code is + amended by inserting ``or qualified manufacturing and other + productive equipment property'' after ``energy property''. + (2) Subparagraph (E) of section 50(a)(2) of such Code is + amended by inserting ``or 48(c)(6)'' before the period at the + end. + (3)(A) The section heading for section 48 of such Code is + amended to read as follows: + +``SEC. 48. OTHER CREDITS.'' + + (B) The table of sections for subpart E of part IV of + subchapter A of chapter 1 of such Code is amended by striking + the item relating to section 48 and inserting the following: + +``Sec. 48. Other credits.'' + (d) Effective Date.--The amendments made by this section shall +apply to-- + (1) property acquired by the taxpayer after the date of the + enactment of this Act, and + (2) property the construction, reconstruction, or erection + of which is completed by the taxpayer after the date of the + enactment of this Act, but only to the extent of the basis + thereof attributable to construction, reconstruction, or + erection after such date.","Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. +Makes such credit applicable for the two-year period beginning on the date of enactment of this Act.",Competitiveness Tax Credit Act," The Competitiveness Tax Credit Act aims to provide temporary investment credit for new manufacturing and other productive equipment. It amends Section 46 of the Internal Revenue Code to include the manufacturing and other productive equipment credit. The credit amount is determined by the domestic equipment ratio and nondomestic equipment ratio, with percentages based on the qualified increase amount. Qualified manufacturing and other productive equipment property includes tangible property used as an integral part of the manufacturing or production process, increasing efficiency. Computer software used to control or monitor manufacturing processes is also considered qualified property. The base amount is calculated using the fixed-base percentage and average annual gross receipts for the four years preceding the credit year. The credit does not apply to properties to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive those credits for such property. The credit terminates after two years from the enactment date of this Act." +"SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. + + (a) In General.--The Secretary shall develop and implement a +process to expedite access to Federal lands under the administrative +jurisdiction of the Secretary for eligible organizations and eligible +individuals to request access to Federal lands to conduct good +Samaritan search-and-recovery missions. The process developed and +implemented pursuant to this subsection shall include provisions that +clarify that-- + (1) an eligible organization or eligible individual granted + access under this section shall be acting for private purposes + and shall not be considered a Federal volunteer; + (2) an eligible organization or eligible individual + conducting a good Samaritan search-and-recovery mission under + this section shall not be considered a volunteer under section + 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); + (3) the Federal Torts Claim Act shall not apply to an + eligible organization or eligible individual carrying out a + privately requested good Samaritan search-and-recovery mission + under this section; and + (4) the Federal Employee Compensation Act shall not apply + to an eligible organization or eligible individual conducting + good Samaritan search-and-recovery mission under this section + and such activities shall not constitute civilian employment. + (b) Release of the Federal Government From Liability.--The +Secretary shall not require an eligible organization or an eligible +individual to have liability insurance as a condition of accessing +Federal lands under this section if the eligible organization or +eligible individual-- + (1) acknowledges and consents, in writing, to the + provisions listed in paragraphs (1) through (4) of subsection + (a); and + (2) signs a waiver releasing the Federal Government from + all liability related to the access granted under this section. + (c) Approval and Denial of Requests.-- + (1) In general.--The Secretary shall notify an eligible + organization and eligible individual of the approval or denial + of a request by that eligible organization and eligible + individual to carry out a good Samaritan search-and-recovery + mission under this section not more than 48 hours after the + request is made. + (2) Denials.--If the Secretary denies a request from an + eligible organization or eligible individual to carry out a + good Samaritan search-and-recovery mission under this section, + the Secretary shall notify the eligible organization or + eligible individual of-- + (A) the reason for the denial request; and + (B) any actions that eligible organization or + eligible individual can take to meet the requirements + for the request to be approved. + (d) Partnerships.--The Secretary shall develop search-and-recovery +focused partnerships with search-and-recovery organizations to-- + (1) coordinate good Samaritan search-and-recovery missions + on Federal lands under the administrative jurisdiction of the + Secretary; and + (2) expedite and accelerate good Samaritan search-and- + recovery mission efforts for missing individuals on Federal + lands under the administrative jurisdiction of the Secretary. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit a joint report to +Congress describing-- + (1) plans to develop partnerships described in subsection + (c)(1); and + (2) efforts being taken to expedite and accelerate good + Samaritan search-and-recovery mission efforts for missing + individuals on Federal lands under the administrative + jurisdiction of the Secretary pursuant to subsection (b)(2). + (f) Definitions.--For the purposes of this section, the following +definitions apply: + (1) Eligible organization and eligible individual.--The + terms ``eligible organization'' and ``eligible individual'' + means an organization or individual, respectively, that-- + (A) is acting in a not-for-profit capacity; and + (B) is certificated in training that meets or + exceeds standards established by the American Society + for Testing and Materials. + (2) Good samaritan search-and-recovery mission.--The term + ``good Samaritan search-and-recovery mission'' means a search + for one or more missing individuals believed to be deceased at + the time that the search is initiated. + (3) Secretary.--The term ``Secretary'' means the Secretary + of the Interior or the Secretary of Agriculture, as + appropriate."," Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands. ","A bill to direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes."," This text discusses a process for expedited access to federal lands for eligible organizations and individuals to conduct good Samaritan search-and-recovery missions. The Secretary is responsible for developing and implementing this process, which includes provisions clarifying that these organizations and individuals are acting for private purposes and are not considered federal volunteers. The Federal Torts Claim Act and Federal Employee Compensation Act do not apply to these missions. Eligible organizations and individuals must acknowledge and consent to these provisions and sign a waiver releasing the federal government from liability. The Secretary is required to notify organizations and individuals of approval or denial within 48 hours and develop partnerships with search-and-recovery organizations to coordinate missions on federal lands. A joint report must be submitted to Congress within 180 days describing plans for partnerships and efforts to expedite search-and-recovery mission efforts for missing individuals on federal lands." +"SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES. + + Title I of the Riegle Community Development and Regulatory +Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding +at the end the following new subtitle: + + ``Subtitle C--Microenterprise Technical Assistance and Capacity + Building Program + +``SEC. 171. SHORT TITLE. + + ``This subtitle may be cited as the `Program for Investment in +Microentrepreneurs Act of 1999', also referred to as the `PRIME Act'. + +``SEC. 172. DEFINITIONS. + + ``For purposes of this subtitle-- + ``(1) the term `Administrator' has the same meaning as in + section 103; + ``(2) the term `capacity building services' means services + provided to an organization that is, or is in the process of + becoming a microenterprise development organization or program, + for the purpose of enhancing its ability to provide training + and services to disadvantaged entrepreneurs; + ``(3) the term `collaborative' means 2 or more nonprofit + entities that agree to act jointly as a qualified organization + under this subtitle; + ``(4) the term `disadvantaged entrepreneur' means a + microentrepreneur that is-- + ``(A) a low-income person; + ``(B) a very low-income person; or + ``(C) an entrepreneur that lacks adequate access to + capital or other resources essential for business + success, or is economically disadvantaged, as + determined by the Administrator; + ``(5) the term `Fund' has the same meaning as in section + 103; + ``(6) the term `Indian tribe' has the same meaning as in + section 103; + ``(7) the term `intermediary' means a private, nonprofit + entity that seeks to serve microenterprise development + organizations and programs as authorized under section 175; + ``(8) the term `low-income person' has the same meaning as + in section 103; + ``(9) the term `microentrepreneur' means the owner or + developer of a microenterprise; + ``(10) the term `microenterprise' means a sole + proprietorship, partnership, or corporation that-- + ``(A) has fewer than 5 employees; and + ``(B) generally lacks access to conventional loans, + equity, or other banking services; + ``(11) the term `microenterprise development organization + or program' means a nonprofit entity, or a program administered + by such an entity, including community development corporations + or other nonprofit development organizations and social service + organizations, that provides services to disadvantaged + entrepreneurs or prospective entrepreneurs; + ``(12) the term `training and technical assistance' means + services and support provided to disadvantaged entrepreneurs or + prospective entrepreneurs, such as assistance for the purpose + of enhancing business planning, marketing, management, + financial management skills, and assistance for the purpose of + accessing financial services; and + ``(13) the term `very low-income person' means having an + income, adjusted for family size, of not more than 150 percent + of the poverty line (as defined in section 673(2) of the + Community Services Block Grant Act (42 U.S.C. 9902(2), + including any revision required by that section). + +``SEC. 173. ESTABLISHMENT OF PROGRAM. + + ``The Administrator shall establish a microenterprise technical +assistance and capacity building grant program to provide assistance +from the Fund in the form of grants to qualified organizations in +accordance with this subtitle. + +``SEC. 174. USES OF ASSISTANCE. + + ``A qualified organization shall use grants made under this +subtitle-- + ``(1) to provide training and technical assistance to + disadvantaged entrepreneurs; + ``(2) to provide training and capacity building services to + microenterprise development organizations and programs and + groups of such organizations to assist such organizations and + programs in developing microenterprise training and services; + ``(3) to aid in researching and developing the best + practices in the field of microenterprise and technical + assistance programs for disadvantaged entrepreneurs; and + ``(4) for such other activities as the Administrator + determines are consistent with the purposes of this subtitle. + +``SEC. 175. QUALIFIED ORGANIZATIONS. + + ``For purposes of eligibility for assistance under this subtitle, a +qualified organization shall be-- + ``(1) a nonprofit microenterprise development organization + or program (or a group or collaborative thereof) that has a + demonstrated record of delivering microenterprise services to + disadvantaged entrepreneurs; + ``(2) an intermediary; + ``(3) a microenterprise development organization or program + that is accountable to a local community, working in + conjunction with a State or local government or Indian tribe; + or + ``(4) an Indian tribe acting on its own, if the Indian + tribe can certify that no private organization or program + referred to in this paragraph exists within its jurisdiction. + +``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS. + + ``(a) Allocation of Assistance.-- + ``(1) In general.--The Administrator shall allocate + assistance from the Fund under this subtitle to ensure that-- + ``(A) activities described in section 174(1) are + funded using not less than 75 percent of amounts made + available for such assistance; and + ``(B) activities described in section 174(2) are + funded using not less than 15 percent of amounts made + available for such assistance. + ``(2) Limit on individual assistance.--No single + organization or entity may receive more than 10 percent of the + total funds appropriated under this subtitle in a single fiscal + year. + ``(b) Targeted Assistance.--The Administrator shall ensure that not +less than 50 percent of the grants made under this subtitle are used to +benefit very low-income persons, including those residing on Indian +reservations. + ``(c) Subgrants Authorized.-- + ``(1) In general.--A qualified organization receiving + assistance under this subtitle may provide grants using that + assistance to qualified small and emerging microenterprise + organizations and programs, subject to such rules and + regulations as the Administrator determines to be appropriate. + ``(2) Limit on administrative expenses.--Not more than 7.5 + percent of assistance received by a qualified organization + under this subtitle may be used for administrative expenses in + connection with the making of subgrants under paragraph (1). + ``(d) Diversity.--In making grants under this subtitle, the +Administrator shall ensure that grant recipients include both large and +small microenterprise organizations, serving urban, rural, and Indian +tribal communities and racially and ethnically diverse populations. + +``SEC. 177. MATCHING REQUIREMENTS. + + ``(a) In General.--Financial assistance under this subtitle shall +be matched with funds from sources other than the Federal Government on +the basis of not less than 50 percent of each dollar provided by the +Fund. + ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from +loan sources, and in-kind resources of a grant recipient from public or +private sources may be used to comply with the matching requirement in +subsection (a). + ``(c) Exception.-- + ``(1) In general.--In the case of an applicant for + assistance under this subtitle with severe constraints on + available sources of matching funds, the Administrator may + reduce or eliminate the matching requirements of subsection + (a). + ``(2) Limitation.--Not more than 10 percent of the total + funds made available from the Fund in any fiscal year to carry + out this subtitle may be excepted from the matching + requirements of subsection (a), as authorized by paragraph (1) + of this subsection. + +``SEC. 178. APPLICATIONS FOR ASSISTANCE. + + ``An application for assistance under this subtitle shall be +submitted in such form and in accordance with such procedures as the +Fund shall establish. + +``SEC. 179. RECORDKEEPING. + + ``The requirements of section 115 shall apply to a qualified +organization receiving assistance from the Fund under this subtitle as +if it were a community development financial institution receiving +assistance from the Fund under subtitle A. + +``SEC. 180. AUTHORIZATION. + + ``In addition to funds otherwise authorized to be appropriated to +the Fund to carry out this title, there are authorized to be +appropriated to the Fund to carry out this subtitle-- + ``(1) $15,000,000 for fiscal year 2000; + ``(2) $25,000,000 for fiscal year 2001; + ``(3) $30,000,000 for fiscal year 2002; and + ``(4) $35,000,000 for fiscal year 2003. + +``SEC. 181. IMPLEMENTATION. + + ``The Administrator shall, by regulation, establish such +requirements as may be necessary to carry out this subtitle.''. + +SEC. 2. ADMINISTRATIVE EXPENSES. + + Section 121(a)(2)(A) of the Riegle Community Development and +Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is +amended-- + (1) by striking ``$5,550,000'' and inserting + ``$6,100,000''; and + (2) in the first sentence, by inserting before the period + ``, including costs and expenses associated with carrying out + subtitle C''. + +SEC. 3. CONFORMING AMENDMENTS. + + Section 104(d) of the Riegle Community Development and Regulatory +Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended-- + (1) in paragraph (2)-- + (A) by striking ``15'' and inserting ``17''; + (B) in subparagraph (G)-- + (i) by striking ``9'' and inserting ``11''; + (ii) by redesignating clauses (iv) and (v) + as clauses (v) and (vi), respectively; and + (iii) by inserting after clause (iii) the + following: + ``(iv) 2 individuals who have expertise in + microenterprises and microenterprise + development;''; and + (2) in paragraph (4), in the first sentence, by inserting + before the period ``and subtitle C''.","Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1999 (or PRIME Act). Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Prohibits the use of grant amounts to make loans of any kind. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. +Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Instructs the Administrator to employ selection criteria that provide positive consideration to applications by qualified organizations participating in the Microloan program established under the Small Business Act. Mandates matching funds from non-Federal sources. +Requires the Administrator to report to certain congressional committees on the enterprise technical assistance and capacity building program, including an evaluation of its effectiveness. Authorizes appropriations. +Requires the Administrator to: (1) submit regulations to the Administrator of the Small Business Administration (SBA) for review and comment; and (2) enter into a memorandum of understanding with the SBA Administrator providing that the program under this Act and the Microloan program under the Small Business Act will be implemented in conjunction and coordination with one another. Prohibits the Fund Administrator from making any grant under this Act before reaching accord on such memorandum of understanding.",PRIME Act," The Program for Investment in Microentrepreneurs Act of 1999 (PRIME Act) aims to establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Fund in the form of grants to qualified organizations. These organizations must be nonprofit microenterprise development organizations or programs with a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs. Other eligible organizations include intermediaries, microenterprise development organizations accountable to local communities, and Indian tribes. The program's objectives are to provide training and technical assistance to disadvantaged entrepreneurs, capacity building services to microenterprise development organizations, research and development of best practices, and other activities consistent with the program's purposes. The Administrator is responsible for allocating assistance from the Fund to ensure that at least 75% of funds are used for activities that provide training to disadvantaged entrepreneurs, at least 15% for capacity building services to microenterprise development organizations, and that no single organization receives more than 10% of total funds in a fiscal year. The program must target at least 50% of grants to benefit very low-income persons, including those residing on Indian reservations." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``District of Columbia Land Use +Notification Act of 1993''. + +SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO + DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES + AFFECTING PROPERTY LOCATED IN DISTRICT. + + (a) Requirements for General Services Administration.-- + (1) In general.--Title II of the Federal Property and + Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is + amended by adding at the end the following new section: + + ``notice to district of columbia of activities affecting property + located in the district + + ``Sec. 213. (a) Except as provided in subsection (b), the +Administrator may not carry out any activity under this title that +affects real property located in the District of Columbia (including +transferring excess property or disposing of surplus property) unless-- + ``(1) not later than 60 days before carrying out such + activity, the Administrator provides a notice describing such + activity and the property affected to the Mayor of the District + of Columbia, the Chair of the Council of the District of + Columbia, and the Chair of the Advisory Neighborhood Commission + (as established pursuant to section 738 of the District of + Columbia Self-Government and Governmental Reorganization Act) + in whose neighborhood such property is located; and + ``(2) the Administrator provides the individuals described + in paragraph (1) with the opportunity to present oral or + written comments on the activity to the Administrator (or the + Administrator's designee) before the Administrator carries out + the activity. + ``(b) The Administrator may waive the requirements described in +subsection (a) if the Administrator finds that compliance with the +requirements would jeopardize the public safety or the national +security interests of the United States, but only if the +Administrator-- + ``(1) certifies such finding and the reasons for such + finding to the individuals described in paragraph (1) of such + subsection and to Congress; and + ``(2) at the earliest time practicable, provides such + individuals with the notice described in paragraph (1) of such + subsection and the opportunity to present comments described in + paragraph (2) of such subsection.''. + (2) Clerical amendment.--The table of contents for such Act + is amended by inserting after the item relating to section 212 + the following new item: + + ``Sec. 213. Notice to District of Columbia of activities + affecting property located in the + District.''. + (b) Notice Requirements for Other Covered Agencies.-- + (1) In general.--Except as provided in paragraph (2), a + covered agency (as defined in paragraph (3)) may not carry out + any activity that affects real property located in the District + of Columbia unless-- + (A) not later than 60 days before carrying out such + activity, such agency provides a notice describing such + activity and the property affected to the Mayor of the + District of Columbia, the Chair of the Council of the + District of Columbia, and the Chair of the Advisory + Neighborhood Commission (as established pursuant to + section 738 of the District of Columbia Self-Government + and Governmental Reorganization Act) in whose + neighborhood such property is located; and + (B) the agency provides the individuals described + in subparagraph (A) with the opportunity to present + oral or written comments on the activity to a + representative of the agency before the agency carries + out the activity. + (2) Exception for emergencies.--A covered agency may waive + the requirements of paragraph (1) if the agency finds that + compliance with the requirements would jeopardize the public + safety or the national security interests of the United States, + but only if the agency-- + (A) certifies such finding and the reasons for such + finding to the individuals described in subparagraph + (A) of such paragraph and to Congress; and + (B) at the earliest time practicable, provides such + individuals with the notice described in subparagraph + (A) of such paragraph and the opportunity to present + comments described in subparagraph (B) of such + paragraph. + (3) Covered agency defined.--In this subsection, the term + ``covered agency'' means any of the following: + (A) The Architect of the Capitol. + (B) The National Park Service. + (C) The Smithsonian Institution. + (c) Prior Approval for Events at Tennis Stadium at Rock Creek +Park.--No event may be held at the William H. G. Fitzgerald Tennis +Center at Rock Creek Park without the prior approval of the Director of +the National Park Service and the Mayor of the District of Columbia. + +SEC. 3. EFFECTIVE DATE. + + The amendments made by section 2(a) shall apply to activities +carried out after the expiration of the 60-day period that begins on +the date of the enactment of this Act, and sections 2 (b) and (c) shall +apply to activities carried out and events held after the expiration of +such period.","District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia; (2) the Chair of the Council of the District; and (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located. +Prohibits an event from being held at the William H.G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. +Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals; and (2) providing the individuals with a notice and an opportunity to comment.",District of Columbia Land Use Notification Act of 1993," The District of Columbia Land Use Notification Act of 1993 requires certain federal agencies to provide notice to the District of Columbia before carrying out activities affecting property located in the District. This includes the General Services Administration, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution. The notice must be provided at least 60 days before the activity takes place, and the affected individuals must be given an opportunity to present comments on the activity before it is carried out. The Act also prohibits events at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without prior approval from the Director of the National Park Service and the Mayor of the District of Columbia." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Oregon Coastal Land Conveyance +Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Federal land.--The term ``Federal land'' means the + approximately 14,804 acres of Federal land, as generally + depicted on the map entitled ``Oregon Coastal Land + Conveyance'', and dated March 27, 2013. + (2) Planning area.--The term ``planning area'' means land-- + (A) administered by the Director of the Bureau of + Land Management; and + (B) located in-- + (i) the Coos Bay District; + (ii) the Eugene District; + (iii) the Medford District; + (iv) the Roseburg District; + (v) the Salem District; and + (vi) the Klamath Falls Resource Area of the + Lakeview District. + (3) Definition of public domain land.-- + (A) In general.--In this subsection, the term + ``public domain land'' has the meaning given the term + ``public lands'' in section 103 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1702). + (B) Exclusion.--The term ``public domain land'' + does not include any land managed in accordance with + the Act of August 28, 1937 (50 Stat. 874, chapter 876; + 43 U.S.C. 1181a et seq.). + (4) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (5) Tribe.--The term ``Tribe'' means the Confederated + Tribes of Coos, Lower Umpqua, and Siuslaw Indians. + +SEC. 3. CONVEYANCE. + + (a) In General.--Subject to valid existing rights, including +rights-of-way, all right, title, and interest of the United States in +and to the Federal land, including any improvements located on the +Federal land, appurtenances to the Federal land, and minerals on or in +the Federal land, including oil and gas, shall be-- + (1) held in trust by the United States for the benefit of + the Tribe; and + (2) part of the reservation of the Tribe. + (b) Survey.--Not later than 180 days after the date of enactment of +this Act, the Secretary shall complete a survey of the boundary lines +to establish the boundaries of the land taken into trust under +subsection (a). + +SEC. 4. MAP AND LEGAL DESCRIPTION. + + (a) In General.--As soon as practicable after the date of enactment +of this Act, the Secretary shall file a map and legal description of +the Federal land with-- + (1) the Committee on Energy and Natural Resources of the + Senate; and + (2) the Committee on Natural Resources of the House of + Representatives. + (b) Force and Effect.--The map and legal description filed under +subsection (a) shall have the same force and effect as if included in +this Act, except that the Secretary may correct any clerical or +typographical errors in the map or legal description. + (c) Public Availability.--The map and legal description filed under +subsection (a) shall be on file and available for public inspection in +the Office of the Secretary. + +SEC. 5. ADMINISTRATION. + + (a) In General.--Unless expressly provided in this Act, nothing in +this Act affects any right or claim of the Tribe existing on the date +of enactment of this Act to any land or interest in land. + (b) Prohibitions.-- + (1) Exports of unprocessed logs.--Federal law (including + regulations) relating to the export of unprocessed logs + harvested from Federal land shall apply to any unprocessed logs + that are harvested from the Federal land. + (2) Non-permissible use of land.--Any real property taken + into trust under section 3 shall not be eligible, or used, for + any gaming activity carried out under Public Law 100-497 (25 + U.S.C. 2701 et seq.). + +SEC. 6. FOREST MANAGEMENT. + + Any commercial forestry activity that is carried out on the Federal +land shall be managed in accordance with all applicable Federal laws. + +SEC. 7. LAND RECLASSIFICATION. + + (a) Identification of Oregon and California Railroad Land.--Not +later than 180 days after the date of enactment of this Act, the +Secretary of Agriculture and the Secretary shall identify any land +owned by the Oregon and California Railroad that is conveyed under +section 3. + (b) Identification of Public Domain Land.--Not later than 18 months +after the date of enactment of this Act, the Secretary shall identify +public domain land that-- + (1) is approximately equal in acreage and condition as the + land identified under subsection (a); and + (2) is located within the planning area. + (c) Maps.--Not later than 2 years after the date of enactment of +this Act, the Secretary shall submit to Congress and publish in the +Federal Register 1 or more maps depicting the land identified in +subsections (a) and (b). + (d) Reclassification.-- + (1) In general.--After providing an opportunity for public + comment, the Secretary shall reclassify the land identified in + subsection (b) as land owned by the Oregon and California + Railroad. + (2) Applicability.--The Act of August 28, 1937 (50 Stat. + 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land + reclassified as land owned by the Oregon and California + Railroad under paragraph (1)(B).","Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled "Oregon Coastal Land Conveyance," dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes. ",Oregon Coastal Land Conveyance Act," The Oregon Coastal Land Conveyance Act aims to convey approximately 14,804 acres of federal land to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. The land will be held in trust by the United States for the benefit of the tribe and will be part of their reservation. The Act also addresses forest management, land reclassification, and prohibits the use of the land for gaming activities under Public Law 100-497." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Information Technology Partnerships +Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) There are more than 200,000 to 400,000 vacancies in + various categories of information technology jobs. + (2) From 1996 to 2005, more than 1,300,000 new computer + scientists, engineers, and systems analysts will be required in + the United States to fill vacant jobs, which equals 136,800 new + workers per year. + (3) Systems analysts will experience the largest job + growth, accounting for a 103 percent increase in the number of + new positions from 1996 (506,000) to 2005 (1,025,000). + (4) The shortage of information technology workers + transcends industries, affecting the manufacturing, service, + transportation, health care, education, and government sectors. + Within each sector, vacancies exist at all levels from aides + and mechanics to programmers and designers. + (5) The information technology worker shortage is having an + adverse effect on the viability of businesses in the United + States and on the Nation's competitiveness. Industry surveys + report that half of industry executives cite the lack of + workers skilled in technology as the number one obstacle to + their company's growth. An additional 20 percent of industry + executives identify the lack of information technology workers + as a major obstacle to their company's growth. + (6) A major factor affecting the short supply of + information technology workers is the mismatch between what + universities teach and what industry needs. + (7) It is in the national interest to promote special + initiatives which effectively educate and train our domestic + workforce to keep pace with these expanding job opportunities. + (8) Institutions of higher education have the capacity and + resources to provide a role of oversight and technical + assistance to a wide range of local entities, including + community-based organizations, participating in a comprehensive + education and training program for potential technology + workers. + (9) Higher education institutions must be responsive to the + digital environment and expand both their outreach efforts and + on-campus activities to train and certify individuals to close + the information technology worker gap. + +SEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION + AND EMPLOYMENT ASSISTANCE. + + (a) Grants Authorized.--The Secretary may make grants under this +Act, in accordance with competitive criteria established by the +Secretary, to institutions of higher education, in order to establish, +oversee the operation of, and provide technical assistance to, projects +described in subsection (b). + (b) Projects.--Projects under this Act shall be projects +implemented by a community-based organization described in section 4, +or by the institution of higher education receiving the grant, to +provide postsecondary information technology education and employment +procurement assistance to eligible individuals described in section 5. + (c) Restrictions.--An institution of higher education shall be +eligible to receive only one grant under this Act, but may, subject to +the requirements of this Act, use the grant to enter into contracts +with more than one community-based organization. A community-based +organization shall not be eligible to enter into a contract under this +Act with more than one institution of higher education. + (d) Period of Grant.--The provision of payments under a grant under +this Act shall not exceed 5 fiscal years and shall be subject to the +annual approval of the Secretary and subject to the availability of +appropriations for each fiscal year involved. + +SEC. 4. COMMUNITY-BASED ORGANIZATIONS. + + (a) In General.--Subject to subsection (b), a community-based +organization described in this section is an entity that, at the time +the entity enters into a contract with an institution of higher +education for a project under this Act, and throughout the duration of +that contract-- + (1) is-- + (A) a governmental agency; or + (B) an organization described in section 501(c)(3) + of the Internal Revenue Code of 1986 and exempt from + tax under section 501(a) of such Code; and + (2) is one of the following: + (A) A local partnership (as defined in section 4 of + the School-to-Work Opportunities Act of 1994) receiving + a grant under section 302 of such Act. + (B) An entity organized and operated for religious + purposes. + (C) An entity furnishing school-age child care + services after school. + (D) A community-based computer center. + (E) An entity furnishing adult education. + (F) A library. + (G) A museum. + (H) Any other entity organized and operated for + cultural, literary, or educational purposes. + (b) Limitation.--An entity shall not be considered a community- +based organization described in this section unless, at the time the +entity enters into a contract with an institution of higher education +for a project under this Act, it has demonstrated to the satisfaction +of the Secretary that-- + (1) it has the capacity successfully to recruit eligible + individuals described in section 5 for participation in a + project described in section 3, consistent with the enrollment + requirements in section 6(b)(5); + (2) it is providing an educational service, social service, + or employment procurement service; and + (3) in the case of an entity that independently manages its + own finances, it has been in existence 2 years or more. + +SEC. 5. ELIGIBLE INDIVIDUALS. + + An eligible individual described in this section is an individual +who-- + (1) has submitted a satisfactory application to receive + postsecondary information technology education and employment + procurement assistance through a project under this Act; and + (2) has a certificate of graduation from a school providing + secondary education, or the recognized equivalent of such a + certificate. + +SEC. 6. DUTIES. + + (a) Institutions of Higher Education.--An institution of higher +education receiving a grant under this Act shall use the funds provided +under the grant to carry out the following duties: + (1) Final selection of community-based organizations + described in section 4 desiring to provide, at one or more + sites, in accordance with a contract with the institution of + higher education and this Act, postsecondary information + technology education and employment procurement assistance to + eligible individuals described in section 5. + (2) Entering into a contract with each community-based + organization selected under paragraph (1) under which the + institution and the organization agree to carry out the duties + respectively required of them under this Act with respect to + each site described in paragraph (1). + (3) With respect to each site described in paragraph (1)-- + (A) provision of such funding for the establishment + and initial operation of the site as was specified in + the grant application submitted by the institution to + the Secretary; + (B) approval of final site selection and + preparation; + (C) initial orientation and training of personnel + employed to manage and operate the site; + (D) design and certification of the instructional + and academic programs, and oversight of the + implementation of the programs; + (E) oversight of equipment purchases and contracts + for equipment maintenance; and + (F) selection of an outside contractor for periodic + evaluation of the management and operation of the site. + (b) Community-Based Organizations.-- + (1) In general.--A community-based organization + implementing a project under this Act with an institution of + higher education, at one or more sites, shall carry out the + duties described in this subsection, with respect to each such + site, subject to the oversight and guidance of the institution. + (2) General duties.--The organization-- + (A) shall undertake final site selection and + preparation; + (B) shall recruit and hire a site director; + (C) shall carry out any supplementary + instructional, academic, or educational activities + specified in the contract with the institution of + higher education that are not described in paragraph + (4); + (D) shall assemble an advisory committee composed + of individuals residing in the community in which the + site is located, as well as industry representatives, + who desire to assist the organization in ensuring that + the goals of the organization are consistent with the + goals and needs of the community population; + (E) shall provide to the institution other evidence + of volunteer support from individuals residing in the + community in which the site is located and industry + representatives; + (F) shall recruit eligible individuals for + enrollment, subject to paragraph (5); + (G) shall maintain waiting lists of eligible + individuals desiring to enroll in the project's + programs; + (H) shall provide career counseling to eligible + individuals enrolled in the project's programs; and + (I) shall provide job and internship information + and placement, employer contacts, and other forms of + employment procurement assistance to eligible + individuals enrolled in the project's programs. + (3) Site requirements.--The organization shall ensure that + each site-- + (A) has a minimum of 20 fully functioning computers + with sufficient capacity to perform all of the computer + operations that are the subject of the curriculum + specified in paragraph (4); + (B) in addition to the space for the computers + described in subparagraph (A), has-- + (i) a classroom space with the capacity for + seating a minimum of 30 students; + (ii) a space in which to conduct the + required career and employment counseling + functions specified in paragraph (2); and + (iii) a separate office for the site + director; + (C) is real property subject to the control of the + organization or the institution, through a lease or + other legal instrument, for a period of not less than 5 + years; + (D) is open to enrolled individuals not less than + 12 hours per day; and + (E) is located within walking distance of public + transportation. + (4) Information technology curriculum.-- + (A) In general.--The organization shall ensure that + each site offers enrollees a curriculum that includes a + broad range of course work that will assist them in + qualifying for employment in the field of information + technology. + (B) Courses leading to certification.--Such + curriculum shall include course work leading to a + certification of competence in areas of information + technology recognized by the National Skill Standards + Board established under the National Skill Standards + Act of 1994. + (C) Specific courses.--The computer training + offered shall include courses in basic computer + competence, on-the-job upgrade assistance, and advanced + computer competence. + (5) Enrollment requirements.--The organization shall ensure + that its enrollment of eligible individuals at each site is + consistent with the following: + (A) Not less than 50 percent of the eligible + individuals shall be, at the time of enrollment, + individuals-- + (i) to whom a credit was allowed under + section 32 of the Internal Revenue Code of 1986 + for the preceding taxable year; + (ii) who are recipients of assistance under + a State program funded under part A of title IV + of the Social Security Act; + (iii) who are a member of a household + participating in the food stamp program; or + (iv) who are considered low-income pursuant + to regulations promulgated by the Secretary + under this Act. + (B) Not less than 50 percent of the eligible + individuals shall be, at the time of enrollment, under + 25 years of age. + (C) No prerequisite relating to net worth, income, + or assets may be applied to any eligible individual + who, at the time of enrollment, is over 50 years of + age, except that this requirement shall not be + construed to supersede subparagraph (A). + +SEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS. + + The Secretary may make a grant under this Act to an institution of +higher education that desires to implement a project under this Act +without the participation of a community-based organization described +in section 4, if the institution agrees to carry out all of the duties +required of such an organization under this Act, in addition to the +duties otherwise required of an institution of higher education. The +Secretary shall, in awarding grants under this Act, give priority to +institutions of higher education whose grant application includes an +assurance that the institution will contract with one or more +community-based organizations in accordance with this Act. + +SEC. 8. APPLICATIONS. + + To apply for a grant under this Act for any fiscal year, an +institution of higher education shall submit an application to the +Secretary in accordance with the procedures established by the +Secretary. The application shall specify the institution's preliminary +selections for the community-based organizations (if any) with which +the institution proposes to contract, and shall include information +with respect to preliminary site selections. + +SEC. 9. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to carry out this Act +$100,000,000 for fiscal year 1999 and such sums as may be necessary for +each of the 4 succeeding fiscal years. + +SEC. 10. DEFINITIONS. + + For purposes of this Act: + (1) Adult education.--The term ``adult education'' has the + meaning given such term in section 312 of the Adult Education + Act. + (2) Community-based computer center.--The term ``community- + based computer center'' means a computer center-- + (A) funded by both the Federal Government and at + least one private sector entity; + (B) located in a low-income community (as + determined by the Secretary); and + (C) organized and operated for the purpose of + providing families with access to computer resources + that otherwise would not be available to them. + (3) Food stamp program.--The term ``food stamp program'' + has the meaning given such term in section 3(h) of the Food + Stamp Act of 1977. + (4) Institution of higher education.--The term + ``institution of higher education'' has the meaning given such + term in section 1201 of the Higher Education Act of 1965. + (5) Library.--The term ``library'' has the meaning given + such term in section 213 of the Library Services and Technology + Act. + (6) Museum.--The term ``museum'' has the meaning given such + term in section 272 of the Museum and Library Services Act. + (7) Secretary.--The term ``Secretary'' means the Secretary + of Education.","Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects. +Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants. +Makes applicants eligible for such project assistance if they have a high school diploma or equivalent. +Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations; (2) project sites; (3) information technology curricula; and (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25. +Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations; but gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations. +Authorizes appropriations.",Information Technology Partnerships Act," The Information Technology Partnerships Act aims to address the shortage of IT workers in various sectors by providing grants to institutions of higher education for projects that provide postsecondary IT education and employment procurement assistance to eligible individuals. Institutions must partner with community-based organizations to implement these projects. Eligible individuals must have a high school diploma or equivalent and be enrolled in an IT program at an institution of higher education. Institutions must use grant funds to establish and operate project sites, recruit eligible individuals, and provide career counseling and job placement assistance. The Act prioritizes institutions that contract with community-based organizations." +"5 of the 101st +Congress, agreed to on February 22, 1989 (103 Stat. 2533). + ``(f) Display To Be in a Manner Visible to the Public.--Display of +the POW/MIA flag pursuant to this section shall be in a manner designed +to ensure visibility to the public. + ``(g) Limitation.--This section may not be construed or applied so +as to require any employee to report to work solely for the purpose of +providing for the display of the POW/MIA flag.''. + (2) In section 2102(b), strike ``designated personnel'' and + substitute ``personnel made available to the Commission''. + (3) In section 2501(2), insert ``solicit,'' before ``accept,''. + (4)(A) Insert after chapter 201 the following: + + ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION + +``Sec. +``20201. Definition. +``20202. Organization. +``20203. Purposes. +``20204. Membership. +``20205. Governing body. +``20206. Powers. +``20207. Restrictions. +``20208. Duty to maintain corporate and tax-exempt status. +``20209. Records and inspection. +``20210. Service of process. +``20211. Liability for acts of officers and agents. +``20212. Annual report. + +``Sec. 20201. Definition + + ``For purposes of this chapter, `State' includes the District of +Columbia and the territories and possessions of the United States. + +``Sec. 20202. Organization + + ``(a) Federal Charter.--Air Force Sergeants Association (in this +chapter, the `corporation'), a nonprofit corporation incorporated in +the District of Columbia, is a federally chartered corporation. + ``(b) Expiration of Charter.--If the corporation does not comply +with any provision of this chapter, the charter granted by this chapter +expires. + +``Sec. 20203. Purposes + + ``(a) General.--The purposes of the corporation are as provided in +its bylaws and articles of incorporation and include-- + ``(1) helping to maintain a highly dedicated and professional + corps of enlisted personnel within the United States Air Force, + including the United States Air Force Reserve, and the Air National + Guard; + ``(2) supporting fair and equitable legislation and Department + of the Air Force policies and influencing by lawful means + departmental plans, programs, policies, and legislative proposals + that affect enlisted personnel of the Regular Air Force, the Air + Force Reserve, and the Air National Guard, its retirees, and other + veterans of enlisted service in the Air Force; + ``(3) actively publicizing the roles of enlisted personnel in + the United States Air Force; + ``(4) participating in civil and military activities, youth + programs, and fundraising campaigns that benefit the United States + Air Force; + ``(5) providing for the mutual welfare of members of the + corporation and their families; + ``(6) assisting in recruiting for the United States Air Force; + ``(7) assembling together for social activities; + ``(8) maintaining an adequate Air Force for our beloved + country; + ``(9) fostering among the members of the corporation a devotion + to fellow airmen; and + ``(10) serving the United States and the United States Air + Force loyally, and doing all else necessary to uphold and defend + the Constitution of the United States. + ``(b) Corporate Function.--The corporation shall function as an +educational, patriotic, civic, historical, and research organization +under the laws of the District of Columbia. + +``Sec. 20204. Membership + + ``(a) Eligibility.--Except as provided in this chapter, eligibility +for membership in the corporation and the rights and privileges of +members are as provided in the bylaws and articles of incorporation. + ``(b) Nondiscrimination.--The terms of membership may not +discriminate on the basis of race, color, religion, sex, disability, +age, or national origin. + +``Sec. 20205. Governing body + + ``(a) Board of Directors.--The board of directors and the +responsibilities of the board are as provided in the bylaws and +articles of incorporation. + ``(b) Officers.--The officers and the election of officers are as +provided in the bylaws and articles of incorporation. + ``(c) Nondiscrimination.--The requirements for serving as a +director or officer may not discriminate on the basis of race, color, +religion, sex, disability, age, or national origin. + +``Sec. 20206. Powers + + ``The corporation has only the powers provided in its bylaws and +articles of incorporation filed in each State in which it is +incorporated. + +``Sec. 20207. Restrictions + + ``(a) Stock and Dividends.--The corporation may not issue stock or +declare or pay a dividend. + ``(b) Distribution of Income or Assets.--The income or assets of +the corporation may not inure to the benefit of, or be distributed to, +a director, officer, or member during the life of the charter granted +by this chapter. This subsection does not prevent the payment of +reasonable compensation to an officer or employee or reimbursement for +actual necessary expenses in amounts approved by the board of +directors. + ``(c) Loans.--The corporation may not make a loan to a director, +officer, employee, or member. + ``(d) Claim of Governmental Approval or Authority.--The corporation +may not claim congressional approval or the authority of the United +States Government for any of its activities. + +``Sec. 20208. Duty to maintain corporate and tax-exempt status + + ``(a) Corporate Status.--The corporation shall maintain its status +as a corporation incorporated under the laws of the District of +Columbia. + ``(b) Tax-Exempt Status.--The corporation shall maintain its status +as an organization exempt from taxation under the Internal Revenue Code +of 1986 (26 U.S.C. 1 et seq.). + +``Sec. 20209. Records and inspection + + ``(a) Records.--The corporation shall keep-- + ``(1) correct and complete records of account; + ``(2) minutes of the proceedings of its members, board of + directors, and committees having any of the authority of its board + of directors; and + ``(3) at its principal office, a record of the names and + addresses of its members entitled to vote. + ``(b) Inspection.--A member entitled to vote, or an agent or +attorney of the member, may inspect the records of the corporation for +any proper purpose, at any reasonable time. + +``Sec. 20210. Service of process + + ``The corporation shall comply with the law on service of process +of each State in which it is incorporated and each State in which it +carries on activities. + +``Sec. 20211. Liability for acts of officers and agents + + ``The corporation is liable for the acts of its officers and agents +acting within the scope of their authority. + +``Sec. 20212. Annual report + + ``The corporation shall submit an annual report to Congress on the +activities of the corporation during the prior fiscal year. The report +shall be submitted at the same time as the report of the audit required +by section 10101 of this title. The report may not be printed as a +public document.''. + (B) In the table of chapters at the beginning of subtitle II, + insert after the item related to chapter 201: + +``202. AIR FORCE SERGEANTS ASSOCIATION........................ + 20201''. + + (5)(A) Insert after chapter 209 the following: + + ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES + +``Sec. +``21001. Definition. +``21002. Organization. +``21003. Purposes. +``21004. Membership. +``21005. Governing body. +``21006. Powers. +``21007. Restrictions. +``21008. Duty to maintain corporate and tax-exempt status. +``21009. Records and inspection. +``21010. Service of process. +``21011. Liability for acts of officers and agents. +``21012. Annual report. + +``Sec. 21001. Definition + + ``For purposes of this chapter, `State' includes the District of +Columbia and the territories and possessions of the United States. + +``Sec. 21002. Organization + + ``(a) Federal Charter.--American GI Forum of the United States (in +this chapter, the `corporation'), a nonprofit corporation incorporated +in Texas, is a federally chartered corporation. + ``(b) Expiration of Charter.--If the corporation does not comply +with any provision of this chapter, the charter granted by this chapter +expires. + +``Sec. 21003. Purposes + + ``(a) General.--The purposes of the corporation are as provided in +its bylaws and articles of incorporation and include-- + ``(1) securing the blessing of American democracy at every + level of local, State, and national life for all United States + citizens; + ``(2) upholding and defending the Constitution and the United + States flag; + ``(3) fostering and perpetuating the principles of American + democracy based on religious and political freedom for the + individual and equal opportunity for all; + ``(4) fostering and enlarging equal educational opportunities, + equal economic opportunities, equal justice under the law, and + equal political opportunities for all United States citizens, + regardless of race, color, religion, sex, or national origin; + ``(5) encouraging greater participation of the ethnic minority + represented by the corporation in the policy-making and + administrative activities of all departments, agencies, and other + governmental units of local and State governments and the United + States Government; + ``(6) combating all practices of a prejudicial or + discriminatory nature in local, State, or national life which + curtail, hinder, or deny to any United States citizen an equal + opportunity to develop full potential as an individual; and + ``(7) fostering and promoting the broader knowledge and + appreciation by all United States citizens of their cultural + heritage and language. + ``(b) Corporate Function.--The corporation shall function as an +educational, patriotic, civic, historical, and research organization +under the laws of Texas. + +``Sec. 21004. Membership + + ``(a) Eligibility.--Except as provided in this chapter, eligibility +for membership in the corporation and the rights and privileges of +members are as provided in the bylaws and articles of incorporation. + ``(b) Nondiscrimination.--The terms of membership may not +discriminate on the basis of race, color, religion, sex, disability, +age, or national origin. + +``Sec. 21005. Governing body + + ``(a) Board of Directors.--The board of directors and the +responsibilities of the board are as provided in the bylaws and +articles of incorporation. + ``(b) Officers.--The officers and the election of officers are as +provided in the bylaws and articles of incorporation. + ``(c) Nondiscrimination.--The requirements for serving as a +director or officer may not discriminate on the basis of race, color, +religion, sex, disability, age, or national origin. + +``Sec. 21006. Powers + + ``The corporation has only the powers provided in its bylaws and +articles of incorporation filed in each State in which it is +incorporated. + +``Sec. 21007. Restrictions + + ``(a) Stock and Dividends.--The corporation may not issue stock or +declare or pay a dividend. + ``(b) Distribution of Income or Assets.--The income or assets of +the corporation may not inure to the benefit of, or be distributed to, +a director, officer, or member during the life of the charter granted +by this chapter. This subsection does not prevent the payment of +reasonable compensation to an officer or employee or reimbursement for +actual necessary expenses in amounts approved by the board of +directors. + ``(c) Loans.--The corporation may not make a loan to a director, +officer, employee, or member. + ``(d) Claim of Governmental Approval or Authority.--The corporation +may not claim congressional approval or the authority of the United +States Government for any of its activities. + +``Sec. 21008. Duty to maintain corporate and tax-exempt status + + ``(a) Corporate Status.--The corporation shall maintain its status +as a corporation incorporated under the laws of Texas. + ``(b) Tax-Exempt Status.--The corporation shall maintain its status +as an organization exempt from taxation under the Internal Revenue Code +of 1986 (26 U.S.C. 1 et seq.). + +``Sec. 21009. Records and inspection + + ``(a) Records.--The corporation shall keep-- + ``(1) correct and complete records of account; + ``(2) minutes of the proceedings of its members, board of + directors, and committees having any of the authority of its board + of directors; and + ``(3) at its principal office, a record of the names and + addresses of its members entitled to vote. + ``(b) Inspection.--A member entitled to vote, or an agent or +attorney of the member, may inspect the records of the corporation for +any proper purpose, at any reasonable time. + +``Sec. 21010. Service of process + + ``The corporation shall comply with the law on service of process +of each State in which it is incorporated and each State in which it +carries on activities. + +``Sec. 21011. Liability for acts of officers and agents + + ``The corporation is liable for the acts of its officers and agents +acting within the scope of their authority. + +``Sec. 21012. Annual report + + ``The corporation shall submit an annual report to Congress on the +activities of the corporation during the prior fiscal year. The report +shall be submitted at the same time as the report of the audit required +by section 10101 of this title. The report may not be printed as a +public document.''. + (B) In the table of chapters at the beginning of subtitle II, + insert after the item related to chapter 209: + +``210. AMERICAN GI FORUM OF THE UNITED STATES................. + 21001''. + + (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' + and substitute ``February 28, 1961''. + (7) In section 70103(b), strike ``the State of''. + (8) In section 151303, subsections (f) and (g) are amended to + read as follows: + ``(f) Status.--Appointment to the board does not constitute +appointment as an officer or employee of the United States Government +for the purpose of any law of the United States. + ``(g) Compensation.--Members of the board serve without +compensation. + ``(h) Liability.--Members of the board are not personally liable, +except for gross negligence.''. + (9) In section 151305(b), strike ``the State of''. + (10) In section 152903(8), strike ``Corporation'' and + substitute ``corporation''. + +SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. + + (a) The provisos in the paragraph under the heading ``American +Battle Monuments Commission'' in the Departments of Veterans Affairs +and Housing and Urban Development, and Independent Agencies +Appropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. +1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed. + (b) Paragraph (3) of section 198(s) of the National and Community +Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed. + (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998, +112 Stat. 1253) is amended as follows: + (1) Section 4(b) is amended by striking ``2320(d)'' and + substituting ``2320(e)''. + (2) Section 7(a), and the amendment made by section 7(a), are + repealed. + +SEC. 3. EFFECTIVE DATE. + + The amendment made by section 1(8) of this Act shall take effect as +if included in the provisions of Public Law 105-225, as of the date of +enactment of Public Law 105-225. + +SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. + + (a) No Substantive Change.--(1) Section 1 of this Act restates, +without substantive change, laws enacted before September 5, 1998, that +were replaced by section 1. Section 1 may not be construed as making a +substantive change in the laws replaced. + (2) Laws enacted after September 4, 1998, that are inconsistent +with this Act supersede this Act to the extent of the inconsistency. + (b) References.--A reference to a law replaced by this Act, +including a reference in a regulation, order, or other law, is deemed +to refer to the corresponding provision enacted by this Act. + (c) Continuing Effect.--An order, rule, or regulation in effect +under a law replaced by this Act continues in effect under the +corresponding provision enacted by this Act until repealed, amended, or +superseded. + (d) Actions and Offenses Under Prior Law.--An action taken or an +offense committed under a law replaced by this Act is deemed to have +been taken or committed under the corresponding provision enacted by +this Act. + (e) Inferences.--An inference of a legislative construction is not +to be drawn by reason of the location in the United States Code of a +provision enacted by this Act or by reason of a heading of the +provision. + (f) Severability.--If a provision enacted by this Act is held +invalid, all valid provisions that are severable from the invalid +provision remain in effect. If a provision enacted by this Act is held +invalid in any of its applications, the provision remains valid for all +valid applications that are severable from any of the invalid +applications. + +SEC. 5. REPEALS. + + (a) Inferences of Repeal.--The repeal of a law by this Act may not +be construed as a legislative inference that the provision was or was +not in effect before its repeal. + (b) Repealer Schedule.--The laws specified in the following +schedule are repealed, except for rights and duties that matured, +penalties that were incurred, and proceedings that were begun before +the date of enactment of this Act: + + Schedule of Laws Repealed + Statutes at Large +---------------------------------------------------------------------------------------------------------------- + Statutes at Large U.S. Code + Date Chapter or Public Section ----------------------------------------------------- + Law Volume Page Title Section +---------------------------------------------------------------------------------------------------------------- + 1997 +Nov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101, + 5801-5815 +Nov. 20 105-110............. ................... 111 2270............... 36 App. 45 + 1998 +Aug. 7 105-220............. 413................ 112 1241............... 36 App. 155b +Aug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901- + 5915 +---------------------------------------------------------------------------------------------------------------- + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations; and (2) make technical corrections to, or repeal, certain Federal laws.","A bill to clarify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code."," This document summarizes various amendments and technical changes to existing laws, including provisions related to the Air Force Sergeants Association and American GI Forum of the United States. The amendments address organizational structure, purposes, membership, governing bodies, powers, restrictions, and other aspects of these organizations. Additionally, the document includes repeals of certain laws and makes technical amendments to other laws." +"SECTION 1. SHORT TITLE; ETC. + + (a) Short Title.--This Act may be cited as the ``Growing Our +Manufacturing Employment Act'' or the ``GoMe Act''. + (b) Amendment of 1986 Code.--Except as otherwise expressly +provided, whenever in this Act an amendment or repeal is expressed in +terms of an amendment to, or repeal of, a section or other provision, +the reference shall be considered to be made to a section or other +provision of the Internal Revenue Code of 1986. + +SEC. 2. MANUFACTURER'S JOBS CREDIT. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +(relating to business-related credits) is amended by adding at the end +the following: + +``SEC. 45O. MANUFACTURER'S JOBS CREDIT. + + ``(a) General Rule.--For purposes of section 38, in the case of an +eligible taxpayer, the manufacturer's jobs credit determined under this +section is an amount equal to the lesser of the following: + ``(1) The excess of the W-2 wages paid by the taxpayer + during the taxable year over the W-2 wages paid by the taxpayer + during the preceding taxable year. + ``(2) The W-2 wages paid by the taxpayer during the taxable + year to any employee who is an eligible TAA recipient (as + defined in section 35(c)(2)) or an eligible alternative TAA + recipient (as defined in section 35(c)(3)) for any month during + such taxable year. + ``(3) 31.7 percent of the W-2 wages paid by the taxpayer + during the taxable year. + ``(b) Limitation.--The amount of credit determined under subsection +(a) shall be reduced by an amount which bears the same ratio to the +amount of the credit (determined without regard to this subsection) +as-- + ``(1) the excess of the W-2 wages paid by the taxpayer to + employees outside the United States during the taxable year + over such wages paid during the most recent taxable year ending + before the date of the enactment of this section, bears to + ``(2) the excess of the W-2 wages paid by the taxpayer to + employees within the United States during the taxable year over + such wages paid during such most recent taxable year. + ``(c) Eligible Taxpayer.--For purposes of this section, the term +`eligible taxpayer' means any taxpayer-- + ``(1) which has domestic production gross receipts for the + taxable year and the preceding taxable year, and + ``(2) which is not treated at any time during the taxable + year as an inverted domestic corporation under section 7874. + ``(d) Definitions.--For purposes of this section, W-2 wages and +domestic production gross receipts shall be determined in the same +manner as under section 199. + ``(e) Certain Rules Made Applicable.--For purposes of this section, +rules similar to the rules of section 52 shall apply. + ``(f) Termination.--This section shall not apply to any taxable +year beginning after December 31, 2009.''. + (b) Credit To Be Part of General Business Credit.--Section 38(b) +(relating to current year business credit) is amended by striking +``plus'' at the end of paragraph (30), by striking the period at the +end of paragraph (31) and inserting ``, plus'', and by adding at the +end the following: + ``(32) the manufacturer's jobs credit determined under + section 45O.''. + (c) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 is amended by adding at the end +the following: + +``Sec. 45O. Manufacturer's jobs credit''. + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2007. + +SEC. 3. EXTENSION OF RESEARCH CREDIT. + + (a) In General.--Section 41(h)(1)(B) is amended by striking +``2007'' and inserting ``2012''. + (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by +striking ``2007'' and inserting ``2012''. + (c) Effective Date.--The amendments made by this section shall +apply to amounts paid or incurred after December 31, 2007. + +SEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE. + + (a) In General.--Section 7701 is amended by redesignating +subsection (p) as subsection (q) and by inserting after subsection (o) +the following new subsection: + ``(p) Clarification of Economic Substance Doctrine; Etc.-- + ``(1) General rules.-- + ``(A) In general.--In any case in which a court + determines that the economic substance doctrine is + relevant for purposes of this title to a transaction + (or series of transactions), such transaction (or + series of transactions) shall have economic substance + only if the requirements of this paragraph are met. + ``(B) Definition of economic substance.--For + purposes of subparagraph (A)-- + ``(i) In general.--A transaction has + economic substance only if-- + ``(I) the transaction changes in a + meaningful way (apart from Federal tax + effects) the taxpayer's economic + position, and + ``(II) the taxpayer has a + substantial nontax purpose for entering + into such transaction and the + transaction is a reasonable means of + accomplishing such purpose. + In applying subclause (II), a purpose of + achieving a financial accounting benefit shall + not be taken into account in determining + whether a transaction has a substantial nontax + purpose if the origin of such financial + accounting benefit is a reduction of income + tax. + ``(ii) Special rule where taxpayer relies + on profit potential.--A transaction shall not + be treated as having economic substance by + reason of having a potential for profit + unless-- + ``(I) the present value of the + reasonably expected pre-tax profit from + the transaction is substantial in + relation to the present value of the + expected net tax benefits that would be + allowed if the transaction were + respected, and + ``(II) the reasonably expected pre- + tax profit from the transaction exceeds + a risk-free rate of return. + ``(C) Treatment of fees and foreign taxes.--Fees + and other transaction expenses and foreign taxes shall + be taken into account as expenses in determining pre- + tax profit under subparagraph (B)(ii). + ``(2) Special rules for transactions with tax-indifferent + parties.-- + ``(A) Special rules for financing transactions.-- + The form of a transaction which is in substance the + borrowing of money or the acquisition of financial + capital directly or indirectly from a tax-indifferent + party shall not be respected if the present value of + the deductions to be claimed with respect to the + transaction is substantially in excess of the present + value of the anticipated economic returns of the person + lending the money or providing the financial capital. A + public offering shall be treated as a borrowing, or an + acquisition of financial capital, from a tax- + indifferent party if it is reasonably expected that at + least 50 percent of the offering will be placed with + tax-indifferent parties. + ``(B) Artificial income shifting and basis + adjustments.--The form of a transaction with a tax- + indifferent party shall not be respected if-- + ``(i) it results in an allocation of income + or gain to the tax-indifferent party in excess + of such party's economic income or gain, or + ``(ii) it results in a basis adjustment or + shifting of basis on account of overstating the + income or gain of the tax-indifferent party. + ``(3) Definitions and special rules.--For purposes of this + subsection-- + ``(A) Economic substance doctrine.--The term + `economic substance doctrine' means the common law + doctrine under which tax benefits under subtitle A with + respect to a transaction are not allowable if the + transaction does not have economic substance or lacks a + business purpose. + ``(B) Tax-indifferent party.--The term `tax- + indifferent party' means any person or entity not + subject to tax imposed by subtitle A. A person shall be + treated as a tax-indifferent party with respect to a + transaction if the items taken into account with + respect to the transaction have no substantial impact + on such person's liability under subtitle A. + ``(C) Exception for personal transactions of + individuals.--In the case of an individual, this + subsection shall apply only to transactions entered + into in connection with a trade or business or an + activity engaged in for the production of income. + ``(D) Treatment of lessors.--In applying paragraph + (1)(B)(ii) to the lessor of tangible property subject + to a lease-- + ``(i) the expected net tax benefits with + respect to the leased property shall not + include the benefits of-- + ``(I) depreciation, + ``(II) any tax credit, or + ``(III) any other deduction as + provided in guidance by the Secretary, + and + ``(ii) subclause (II) of paragraph + (1)(B)(ii) shall be disregarded in determining + whether any of such benefits are allowable. + ``(4) Other common law doctrines not affected.--Except as + specifically provided in this subsection, the provisions of + this subsection shall not be construed as altering or + supplanting any other rule of law, and the requirements of this + subsection shall be construed as being in addition to any such + other rule of law. + ``(5) Regulations.--The Secretary shall prescribe such + regulations as may be necessary or appropriate to carry out the + purposes of this subsection. Such regulations may include + exemptions from the application of this subsection.''. + (b) Effective Date.--The amendments made by this section shall +apply to transactions entered into after the date of the enactment of +this Act.",Growing Our Manufacturing Employment Act or the GoMe Act - Amends the Internal Revenue Code to: (1) allow certain employers with domestic production gross receipts in the current and preceding taxable year a manufacturer's jobs tax credit through 2009 for annual increases in wages paid to their employees and to employees eligible for benefits under the Trade Adjustment Act; (2) extend through 2012 the tax credit for increasing research expenses; and (3) set forth rules for the application of the economic substance doctrine.,"A bill to amend the Internal Revenue Code of 1986 to provide for a manufacturer's jobs credit, and for other purposes."," The Growing Our Manufacturing Employment Act (GoMe Act) aims to encourage manufacturing job growth by providing tax incentives for businesses. It introduces the Manufacturer's Jobs Credit, which is calculated based on W-2 wages paid to employees. The Act also extends the research credit and clarifies the Economic Substance Doctrine to ensure that tax benefits are only granted to transactions with economic substance or substantial nontax purposes. These provisions are effective from tax years beginning after December 31, 2007." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Older Americans Act Technical +Amendments of 1993''. +SEC. 2. TECHNICAL AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965. + The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- + (1) in section 102(3) by inserting ``of the United States'' + after ``Virgin Islands'', + (2) in section 202(a)(18)-- + (A) by striking ``, and service providers,'', and + (B) by inserting ``, and service providers,'' after ``on + aging'', + (3) in section 202(a)(27)(C) by striking ``1994'' and inserting + ``1995'', + (4) in section 203(a)(3) by striking ``Federal'' the first place + it appears, + (5) in section 206(g)-- + (A) in paragraph (1) by striking ``1994'' and inserting + ``1995'', + (B) in paragraph (2)(B) by striking ``1993'' and inserting + ``1994'', and + (C) in paragraph (3) by striking ``1994'' and inserting + ``1995'', + (6) in the first sentence of section 211 by striking + ``agencies,'' and inserting ``agencies'', + (7) in section 302 by striking paragraph (10), + (8) in paragraphs (1) and (2) of section 305(b) by striking + ``clause (1) of subsection (a)'' each place it appears, and + inserting ``subsection (a)(1)'', + (9) in section 307-- + (A) in section 307(a)-- + (i) in the last sentence of paragraph (8) by striking + ``knowledgable'' and inserting ``knowledgeable'', and + (ii) in paragraph (24) by striking the semicolon at the + end and inserting a period, and + (B) in subsection (b)(2) by striking ``the requirement + described in clause (3)(B) of subsection (a)'' and inserting + ``such requirement'', + (10) in section 310(a)(1) by striking ``Disaster Relief and + Emergency Assistance Act'' and inserting ``Robert T. Stafford + Disaster Relief and Emergency Assistance Act'', + (11) in section 314(a) by striking ``(a) Promotion.--'', + (12) in section 321(a)(15) by striking ``clause (16) of section + 307(a)'' and inserting ``chapter 3 of subtitle A of title VII and + section 307(a)(16)'', + (13) in section 361(a) by inserting ``and Prevention'' after + ``Control'', + (14) in section 402(b) by striking ``Alcohol, Drug Abuse, and + Mental Health Administration'' and inserting ``Substance Abuse and + Mental Health Services Administration'', + (15) in section 411(e) by striking ``431(b)'' and inserting + ``section 431(b)'', + (16) in the first sentence of section 421(a) by striking + ``purposes'' the last place it appears and inserting ``purpose'', + (17) in section 429G(a)(2)(B)(v)(X) by striking ``and'' at the + end, + (18) in subsections (a) and (b)(2) of section 429I by striking + ``black'' and inserting ``Black'', + (19) in section 429J(a)(2)(D) by inserting ``of 1974'' after + ``Act'', + (20) in section 510 by striking ``section 203 of such Act (29 + U.S.C. 1603)'' and inserting ``sections 203 and 204(d)(5)(A) of such + Act (29 U.S.C. 1603, 1604(d)(5)(A))'', and + (21) in subsections (c) and (d) of section 614 by striking + ``Commission'' and inserting ``Assistant Secretary''. + +SEC. 3. ASSISTANT SECRETARY FOR AGING. + + (a) Amendments to the Older Americans Act of 1965.--The Older +Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- + (1) by amending section 102(2) to read as follows: + ``(2) The term `Assistant Secretary' means the Assistant + Secretary for Aging.'', + (2) in section 201-- + (A) in subsection (a) by striking ``a Commissioner on'' and + inserting ``an Assistant Secretary for'', + (B) in subsection (c)-- + (i) in paragraph (2) by striking ``an Associate + Commissioner on'' and inserting ``a Director of the Office + for'', and + (ii) in paragraph (3) by striking ``Associate + Commissioner on'' and inserting ``Director of the Office + for'', + (C) in subsection (d)-- + (i) by striking ``an Associate Commissioner for + Ombudsman Programs'' and inserting ``a Director of the + Office of Long-Term Care Ombudsman Programs'', and + (ii) by striking ``Associate Commissioner'' each place + it appears and inserting ``Director'', and + (D) by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary'', + (3) in section 202-- + (A) in the heading by striking ``commissioner'' and + inserting ``assistant secretary'', + (B) in subsection (a)(21)(A) by striking ``Associate + Commissioner for Ombudsman Programs'' and inserting ``Director + of the Office of Long-Term Care Ombudsman Programs'', + (C) in subsection (e)(1)(A)(iv) by striking ``Associate + Commissioner on'' and inserting ``Director of the Office for'', + and + (D) by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary'', + (4) in sections 212 and 429E-- + (A) by striking ``Associate Commissioner on'' and inserting + ``Director of the Office for'', and + (B) by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary'', + (5) in section 307-- + (A) in subsections (d) and (e) by striking + ``Commissioner's'' each place it appears and inserting + ``Assistant Secretary's'', and + (B) by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary'', + (6) in section 311(a)(4)(B) by striking ``Commissioner'' and + inserting ``Assistant Secretary for Aging'', + (7) in section 427-- + (A) in subsection (a) by striking ``Commissioner'' and + inserting ``Assistant Secretary'', and + (B) in subsection (b) by striking ``Commissioner on Aging'' + each place it appears and inserting ``Assistant Secretary'', + (8) in subsections (a) and (b)(1) of section 503, and in section + 505(a), by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary for Aging'', + (9) in section 712-- + (A) in subsection (h)(4)(A) by striking ``Associate + Commissioner for Ombudsman Programs'' and inserting ``Director + of the Office of Long-Term Care Ombudsman Programs'', and + (B) by striking ``Commissioner'' each place it appears and + inserting ``Assistant Secretary'', + (10) in section 751-- + (A) in subsection (a) by striking ``Associate Commissioner + on'' and inserting ``Director of the Office for'', and + (B) in subsections (a) and (b) by striking ``Commissioner'' + each place it appears and inserting ``Assistant Secretary'', + (11) in the headings of sections 338B(b), 429A(g)(2), + 429G(c)(2), and 763(b) by striking ``Commissioner'' and inserting + ``Assistant Secretary'', + (12) in the heading of section 433 by striking ``commissioner'' + and inserting ``assistant secretary'', and + (13) by striking ``Commissioner'' each place it appears, and + inserting ``Assistant Secretary'', in sections 203(a), 203A, 204(d), + 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, + 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, + 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), + 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 429I, 429J, 431, + 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, + 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a). + (b) Amendments to Other Law.--(1) Section 5315 of title 5 of the +United States Code is amended in the item relating to Assistant +Secretaries of Health and Human Services by striking ``(5)'' and +inserting ``(6)''. + (2) Section 9(b) of the National Foundation on the Arts and the +Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking +``Commissioner on Aging'' and inserting ``Assistant Secretary for +Aging''. + (3) Sections 911(a)(8) and 921(a)(2) of the Alzheimer's Disease and +Related Dementias Services Research Act of 1986 (42 U.S.C. 11211(a)(8), +11221(a)(2)) are amended by striking ``Commissioner on Aging'' and +inserting ``Assistant Secretary for Aging''. + (4) Section 17(o)(3)(A) of the National School Lunch Act (42 U.S.C. +1766(o)(3)(A)) is amended by striking ``Commissioner of Aging'' and +inserting ``Assistant Secretary for Aging''. + (c) References.--Any reference to the Commissioner on Aging in any +order, rule, guideline, contract, grant, suit, or proceeding that is +pending, enforceable, or in effect on the date of the enactment of this +Act shall be deemed to be a reference to the Assistant Secretary for +Aging. +SEC. 4. MATTERS RELATING TO THE OLDER AMERICANS ACT AMENDMENTS OF 1992. + (a) Technical Amendments.--The Older Americans Act Amendments of +1992 (Public Law 102-375; 106 Stat. 1195-1310) is amended-- + (1) in section 202(g) by striking ``1993'' each place it appears + and inserting ``1994'', + (2) in section 211 by striking ``1994'' and inserting ``1995'', + and + (3) in section 502(b)-- + (A) in the matter preceding paragraph (1) by striking ``The + first sentence of section'' and inserting ``Section'', and + (B) in paragraph (1) by inserting ``in the first sentence'' + after ``(1)''. + (b) Delayed Applicability of Certain Amendments.--The amendments +made by-- + (1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) + and (2) of subsection (a)), 305, 306, 307, and 317, and + (2) title VII, +of the Older Americans Act Amendments of 1992 (Public Law 102-375; 106 +Stat. 1221 et seq.) shall not apply with respect to fiscal year 1993. +SEC. 5. TECHNICAL AMENDMENTS TO THE NATIVE AMERICAN PROGRAMS ACT OF +1974. + The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is +amended-- + (1) in section 802 by striking ``Alaskan'' and inserting + ``Alaska'', and + (2) in the first sentence of section 803(a) by striking + ``nonreservation areas'' and inserting ``areas that are not Indian + reservations or Alaska Native villages'', + (3) in section 803A-- + (A) in subsections (b), (c), and (d)(1) by striking ``to + which a grant is awarded under subsection (a)(1)'' each place it + appears, + (B) in subsection (d)(2) by striking ``to which a grant is + made under subsection (a)(1)'', and + (C) in subsection (f)(1) by striking ``for fiscal years + 1988, 1989, and 1990 the aggregate amount $3,000,000 for all + such fiscal years'' and inserting ``for each of the fiscal years + 1992, 1993, and 1994, $1,000,000'', + (4) in section 803B(c)-- + (A) in paragraph (5) by striking ``individuals who'' and + inserting ``agencies described in section 803(a) that'', and + (B) in paragraph (6) by striking ``such individuals'' and + inserting ``Native Americans,'', + (5) in section 806(a)(2) by striking ``Alaskan'' and inserting + ``Alaska'', + (6) in section 815-- + (A) in paragraph (2) by striking ``Alaskan'' each place it + appears and inserting ``Alaska'', and + (B) in paragraph (4) by adding a semicolon at the end, and + (6) in section 816-- + (A) in subsections (a) and (b) by inserting a comma after + ``803A'' each place it appears, + (B) in subsection (c) by striking ``are'' and inserting + ``is'', + (C) in subsection (e) by striking ``fiscal years 1992 and + 1993'' and inserting ``fiscal year 1994'', and + (D) by redesignating subsections (e) and (f) as subsections + (d) and (e), respectively. +SEC. 6. AMENDMENTS REGARDING THE WHITE HOUSE CONFERENCE ON AGING. + Title II of the Older Americans Amendments of 1987 (42 U.S.C. 3001 +note) is amended-- + (1) in section 202(a) by striking ``December 31, 1994'' and + inserting ``May 31, 1995,'', + (2) in section 203(b)-- + (A) in paragraph (1) by striking ``subsection (a)(2)'' and + inserting ``subsection (a)(3)'', and + (B) in paragraph (3) by striking ``subsection (a)(5)'' and + inserting ``subsection (a)(6)'', + (3) in section 204-- + (A) in subsection (a)-- + (i) in paragraph (1) by striking ``90 days after the + enactment of the Older Americans Act Amendments of 1992'' + and inserting ``December 31, 1993'', and + (ii) in paragraph (2)(B) by striking ``60 days'' and + inserting ``90 days'', + (B) in subsection (b) by moving the left margin of paragraph + (2) 2 ems to the right so as to align such margin with the left + margin of paragraph (1), and + (C) in subsection (d) by striking ``prescribed rate for GS- + 18 under section 5332'' and inserting ``equivalent of the + maximum rate of pay payable under section 5376'', + (4) in section 206(5) by inserting ``of the United States'' + after ``Virgin Islands'', and + (5) in section 207-- + (A) in subsection (a)(1) by striking ``1994'' and inserting + ``1996'', and + (B) in subsection (b)-- + (i) in paragraph (1)-- + + (I) by striking ``June 30, 1995, or'', and + (II) by striking ``, whichever occurs earlier'', + + (ii) in paragraph (2)-- + + (I) by striking ``June 30, 1995, or'', and + (II) by striking ``, whichever occurs earlier,'', + and + + (iii) in paragraph (3) by striking ``June 30, 1994'' and + inserting ``December 31, 1995''. +SEC. 7. AMENDMENTS TO THE COMMUNITY SERVICES BLOCK GRANT ACT. + (a) Discretionary Authority.--Section 681(a)(2) of the Community +Services Block Grant Act (42 U.S.C. 9910(a)(2)) is amended-- + (1) in subparagraph (D) by striking ``(including'' and all that + follows through ``facilities'', and inserting ``, including rental + housing for low-income individuals'', + (2) by redesignating subparagraphs (E) and (F) as subparagraphs + (F) and (G), respectively, and + (3) by inserting after subparagraph (D) the following: + ``(E) technical assistance and training programs regarding + the planning and development of rural community facilities (in + selecting entities to carry out such programs, the Secretary + shall give priority to organizations described in subparagraph + (D));''. + (b) Annual Report.--Section 682 of the Community Services Block +Grant Act (42 U.S.C. 9911) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``contract with'' and inserting + ``awarding a grant or contract to'', + (ii) by striking ``this subtitle'' and inserting + ``section 674'', and + (iii) by striking subparagraphs (A) and (B) and + inserting the following: + ``(A) The uses of the Community Services Block Grant to the + States that are related to the purposes of the subtitle. + ``(B) The number of entities eligible for funds under this + subtitle, the number of low-income persons served under this + subtitle, and that amount of information concerning the demographics + of the low-income populations served by such eligible entities as is + determined to be feasible. + ``(C) Any information in addition to that described in + subparagraph (B) that the Secretary considers to be appropriate to + carry out this subtitle, except that the Secretary may not require a + State to provide such additional information until the expiration of + the 1-year period beginning on the date on which the Secretary + notifies such State that such additional information will be + required to be provided.'', + (B) by striking paragraphs (2) and (3), and + (C) by adding at the end the following: + ``(2) In selecting an entity to prepare a report under this +subsection, the Secretary shall give a preference to any nonprofit +entity that has demonstrated the ability to secure the voluntary +cooperation of grantees under this subtitle in designing and +implementing national Community Services Block Grant information +systems.'', and + (2) in subsection (b) by striking ``Not later'' and all that + follows through ``prepared, the'', and inserting ``The''. + (c) Technical Amendments.--The Community Services Block Grant Act +(42 U.S.C. 9901-9912) is amended-- + (1) in section 673(4) by inserting ``of the United States'' + after ``Virgin Islands'', + (2) in section 674(a)-- + (A) in paragraphs (1)(B) and (2)(A)(ii) by striking + ``681(c)'' each place it appears and inserting ``681(d)'', and + (B) in paragraph (3) by inserting ``of the United States'' + after ``Virgin Islands'', + (3) in section 680(a) by striking ``681(c)'' and inserting + ``681(d)'', and + (4) in section 681A by striking ``Statewide'' and inserting + ``statewide''. +SEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE. + Section 8 of Public Law 102-586 is amended by striking ``Child Care +and Development Block Grant Act Amendments of 1992'' each place it +appears and inserting ``Child Care and Development Block Grant Act of +1990''. +SEC. 9. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT. + (a) In General.--The first sentence of section 114(d) of the Child +Abuse, Domestic Violence, Adoption and Family Services Act of 1992 (42 +U.S.C. 5106a note; Public Law 102-295) is amended-- + (1) by striking ``on October 1, 1993, or'', and + (2) by striking ``, whichever occurs first''. + (b) Effective Date.--The amendments made by subsection (a) take +effect on September 30, 1993. + + + + + + + + Speaker of the House of Representatives. + + + + + + + + Vice President of the United States and + President of the Senate.","Older Americans Act Technical Amendments of 1993 - Makes numerous miscellaneous technical amendments necessitated by the enactment of the Older Americans Act Amendments of 1992 to various provisions of the Older Americans Act of 1965 (OAA), including those extending the deadlines for certain reports to the Congress, and those under OAA and other specified Federal laws elevating the Commissioner on Aging to Assistant Secretary for Aging within the Department of Health and Human Services. +Amends the Older Americans Act Amendments of 1992 to: (1) extend the deadlines for obligating funds for operation of the National Ombudsman Resource Center and National Center on Elder Abuse; and (2) delay the applicability of certain amendments, including those relating to vulnerable elder rights protection activities. +Amends the Native American Programs Act of 1974 to: (1) make numerous miscellaneous technical amendments; and (2) authorize appropriations for FY 1994 for demonstration projects for research related to Native American studies and Indian policy development and for a plan for the establishment of a National Center for Native American Studies and Indian Policy Development. +Amends the Older Americans Amendments of 1987 to: (1) extend the deadline for the President to convene the White House Conference on Aging; (2) authorize appropriations for FY 1995 and 1996 for the Conference; and (3) make miscellaneous technical amendments regarding Conference administration and availability of funds. +Amends the Community Services Block Grant Act to: (1) make miscellaneous technical amendments to various provisions of such Act; (2) change annual reporting requirements; and (3) split the discretionary grants program for rural housing and community facilities into two separate items. +Amends specified Federal law authorizing appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 to replace references to the Development Block Grant Act Amendments of 1992 with references to the Child Care and Development Block Grant Act of 1990. +Amends the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 to make certain changes to the State grant program for child abuse and neglect prevention and treatment effective only after annual appropriations reach $40 million.",Older Americans Act Technical Amendments of 1993," This document provides an overview of the Older Americans Act Technical Amendments of 1993, which includes various technical amendments to the Older Americans Act of 1965. The amendments address changes to sections of the Act, such as redefining terms, updating references to the Assistant Secretary for Aging, and making other technical adjustments. Additionally, the document outlines amendments to other laws, such as the Native American Programs Act of 1974 and the Community Services Block Grant Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Police Athletic League +Youth Enrichment Act of 1999''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) The goals of the Police Athletic League are to-- + (A) increase the academic success of youth + participants in PAL programs; + (B) promote a safe, healthy environment for youth + under the supervision of law enforcement personnel + where mutual trust and respect can be built; + (C) increase school attendance by providing + alternatives to suspensions and expulsions; + (D) reduce the juvenile crime rate in participating + designated communities and the number of police calls + involving juveniles during nonschool hours; + (E) provide youths with alternatives to drugs, + alcohol, tobacco, and gang activity; + (F) create positive communications and interaction + between youth and law enforcement personnel; and + (G) prepare youth for the workplace. + (2) The Police Athletic League, during its 55-year history + as a national organization, has proven to be a positive force + in the communities it serves. + (3) The Police Athletic League is a network of 1,700 + facilities serving over 3,000 communities. There are 320 PAL + chapters throughout the United States, the Virgin Islands, and + the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages + 5 to 18, nationwide. + (4) Based on PAL chapter demographics, approximately 82 + percent of the youths who benefit from PAL programs live in + inner cities and urban areas. + (5) PAL chapters are locally operated, volunteer-driven + organizations. Although most PAL chapters are sponsored by a + law enforcement agency, PAL chapters receive no direct funding + from law enforcement agencies and are dependent in large part + on support from the private sector, such as individuals, + business leaders, corporations, and foundations. PAL chapters + have been exceptionally successful in balancing public funds + with private sector donations and maximizing community + involvement. + (6) Today's youth face far greater risks than did their + parents and grandparents. Law enforcement statistics + demonstrate that youth between the ages of 12 and 17 are at + risk of committing violent acts and being victims of violent + acts between the hours of 3 p.m. and 8 p.m. + (7) Greater numbers of students are dropping out of school + and failing in school, even though the consequences of academic + failure are more dire in 1999 than ever before. + (8) Many distressed areas in the United States are still + underserved by PAL chapters. + +SEC. 3. PURPOSE. + + The purpose of this Act is to provide adequate resources in the +form of-- + (1) assistance for the 320 established PAL chapters to + increase of services to the communities they are serving; and + (2) seed money for the establishment of 250 (50 per year + over a 5-year period) additional local PAL chapters in public + housing projects and other distressed areas, including + distressed areas with a majority population of Native + Americans, by not later than fiscal year 2005. + +SEC. 4. DEFINITIONS. + + In this Act: + (1) Assistant attorney general.--The term ``Assistant + Attorney General'' means the Assistant Attorney General for the + Office of Justice Programs of the Department of Justice. + (2) Distressed area.--The term ``distressed area'' means an + urban, suburban, or rural area with a high percentage of high- + risk youth, as defined in section 509A of the Public Health + Service Act (42 U.S.C. 290aa-8(f)). + (3) PAL chapter.--The term ``PAL chapter'' means a chapter + of a Police or Sheriff's Athletic/Activities League. + (4) Police athletic league.--The term ``Police Athletic + League'' means the private, nonprofit, national representative + organization for 320 Police or Sheriff's Athletic/Activities + Leagues throughout the United States (including the Virgin + Islands and the Commonwealth of Puerto Rico). + (5) Public housing; project.--The terms ``public housing'' + and ``project'' have the meanings given those terms in section + 3(b) of the United States Housing Act of 1937 (42 U.S.C. + 1437a(b)). + +SEC. 5. GRANTS AUTHORIZED. + + (a) In General.--For each of fiscal years 2000, 2001, 2002, 2003, +and 2004, the Assistant Attorney General shall award a grant to the +Police Athletic League for the purpose of establishing PAL chapters to +serve public housing projects and other distressed areas, and expanding +existing PAL chapters to serve additional youths. + (b) Application.-- + (1) Submission.--In order to be eligible to receive a grant + under this section, the Police Athletic League shall submit to + the Assistant Attorney General an application, which shall + include-- + (A) a long-term strategy to establish 250 + additional PAL chapters and detailed summary of those + areas in which new PAL chapters will be established, or + in which existing chapters will be expanded to serve + additional youths, during the next fiscal year; + (B) a plan to ensure that there are a total of not + less than 570 PAL chapters in operation before January + 1, 2003; + (C) a certification that there will be appropriate + coordination with those communities where new PAL + chapters will be located; and + (D) an explanation of the manner in which new PAL + chapters will operate without additional, direct + Federal financial assistance once assistance under this + Act is discontinued. + (2) Review.--The Assistant Attorney General shall review + and take action on an application submitted under paragraph (1) + not later than 120 days after the date of such submission. + +SEC. 6. USE OF FUNDS. + + (a) In General.-- + (1) Assistance for new and expanded chapters.--Amounts made + available under a grant awarded under this Act shall be used by + the Police Athletic League to provide funding for the + establishment of PAL chapters serving public housing projects + and other distressed areas, or the expansion of existing PAL + chapters. + (2) Program requirements.--Each new or expanded PAL chapter + assisted under paragraph (1) shall carry out not less than 4 + programs during nonschool hours, of which-- + (A) not less than 2 programs shall provide-- + (i) mentoring assistance; + (ii) academic assistance; + (iii) recreational and athletic activities; + or + (iv) technology training; and + (B) any remaining programs shall provide-- + (i) drug, alcohol, and gang prevention + activities; + (ii) health and nutrition counseling; + (iii) cultural and social programs; + (iv) conflict resolution training, anger + management, and peer pressure training; + (v) job skill preparation activities; or + (vi) Youth Police Athletic League + Conferences or Youth Forums. + (b) Additional Requirements.--In carrying out the programs under +subsection (a), a PAL chapter shall, to the maximum extent +practicable-- + (1) use volunteers from businesses, academic communities, + social organizations, and law enforcement organizations to + serve as mentors or to assist in other ways; + (2) ensure that youth in the local community participate in + designing the after-school activities; + (3) develop creative methods of conducting outreach to + youth in the community; + (4) request donations of computer equipment and other + materials and equipment; and + (5) work with State and local park and recreation agencies + so that activities funded with amounts made available under a + grant under this Act will not duplicate activities funded from + other sources in the community served. + +SEC. 7. REPORTS. + + (a) Report to Assistant Attorney General.--For each fiscal year for +which a grant is awarded under this Act, the Police Athletic League +shall submit to the Assistant Attorney General a report on the use of +amounts made available under the grant. + (b) Report to Congress.--Not later than May 1 of each fiscal year +for which amounts are made available to carry out this Act, the +Assistant Attorney General shall submit to the Committee on the +Judiciary of the Senate a report that details the progress made under +this Act in establishing and expanding PAL chapters in public housing +projects and other distressed areas, and the effectiveness of the PAL +programs in reducing drug abuse, school dropouts, and juvenile crime. + +SEC. 8. AUTHORIZATION OF APPROPRIATIONS. + + (a) In General.--There are authorized to be appropriated to carry +out this Act $16,000,000 for each of fiscal years 2000 through 2004. + (b) Funding for Program Administration.--Of the amount made +available to carry out this Act in each fiscal year-- + (1) not less than 2 percent shall be used for research and + evaluation of the grant program under this Act; + (2) not less than 1 percent shall be used for technical + assistance related to the use of amounts made available under + grants awarded under this Act; and + (3) not less than 1 percent shall be used for the + management and administration of the grant program under this + Act, except that the total amount made available under this + paragraph for administration of that program shall not exceed 6 + percent. + +SEC. 9. EFFECTIVE DATE. + + This Act shall take effect on October 1, 1999.","National Police Athletic League Youth Enrichment Act of 1999 - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, for each of FY 2000 through 2004, to award a grant to the Police Athletic League (PAL) for the purposes of establishing PAL chapters to serve public housing projects and other distressed areas and expanding existing chapters to serve additional youths. +Requires PAL, in order to be eligible to receive a grant, to submit to the Assistant Attorney General an application which shall include: (1) a long-term strategy to establish 250 additional chapters and a detailed summary of those areas in which new chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (2) a plan to ensure that there are a total of not less than 570 chapters in operation before January 1, 2003; (3) a certification that there will be appropriate coordination with those communities where new chapters will be located; and (4) an explanation of the manner in which new chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. Directs the Assistant Attorney General to review, and take action on, an application within 120 days after the date of submission. +(Sec. 6) Directs that amounts made available under a grant awarded under this Act be used by the PAL to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Requires that each new or expanded PAL chapter assisted carry out not less than four programs during non-school hours, of which: (1) not less than two programs shall provide mentoring assistance, academic assistance, recreational and athletic activities, or technology training; and (2) any remaining programs shall provide drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs; conflict resolution training, anger management, and peer pressure training; job skill preparation activities; or Youth Police Athletic League Conferences or Youth Forums. +(Sec. 7) Sets forth reporting requirements. +(Sec. 8) Authorizes appropriations. Sets aside specified percentages of grant sums for research and evaluation, technical assistance, and management and administration.",National Police Athletic League Youth Enrichment Act of 1999," The National Police Athletic League Youth Enrichment Act of 1999 aims to provide adequate resources to support existing Police Athletic League (PAL) chapters and establish new chapters in public housing projects and other distressed areas. The PAL aims to improve academic success, provide a safe environment, increase school attendance, reduce juvenile crime rates, offer alternatives to drugs and gang activity, promote positive interactions between youth and law enforcement, and prepare youth for the workplace. The Act authorizes grants for each fiscal year from 2000 to 2004 to establish new PAL chapters and expand existing ones to serve additional youths. Each new or expanded PAL chapter must carry out at least four programs during nonschool hours, covering mentoring, academic assistance, recreational activities, technology training, drug prevention, health counseling, cultural programs, conflict resolution training, job skill preparation, and Youth Police Athletic League Conferences or Youth Forums." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Civilian Volunteer Service Reserve +Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The changing threats and issues that face the Nation + require a new and innovative approach to mobilizing the + citizenry in times of need. + (2) The Civilian Volunteer Service Reserve program offers a + flexible approach to the needs of specific crises, such as + natural disasters, incidents of terrorism, or other emergencies + at home or abroad. + (3) Citizenship entails responsibilities as well as rights. + The Civilian Volunteer Service Reserve program will challenge + all Americans to sacrifice for their country. + (4) The Civilian Volunteer Service Reserve program will + make it possible to draw on the vast array of skills and the + ingenuity of ordinary Americans in times of need. + +SEC. 3. ESTABLISHMENT. + + The Secretary of Homeland Security shall establish the Civilian +Volunteer Service Reserve (referred to in this Act as the ``Civilian +Reserve''), a national volunteer service corps ready for service in +response to domestic or international emergencies, or other +circumstances determined by the President pursuant to section 6. + +SEC. 4. GENERAL AUTHORITY. + + The Secretary of Homeland Security shall appoint a Director and +such other officers as the Secretary considers appropriate to organize +and administer the Civilian Reserve program consistent with the +provisions of this Act. The Secretary is authorized to promulgate +regulations necessary to carry out this Act. + +SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION. + + (a) Eligibility.--All citizens and legal residents of the United +States over the age of 18 shall be eligible to serve in the Civilian +Reserve. + (b) Commitment.--Individuals who volunteer with the Civilian +Reserve shall be enrolled for a 5-year period, and shall be expected +during such period to serve in full-time active duty status for a total +period of 6 months, when called to such service under section 6. There +shall be no limit to the number of 5-year periods of service that an +individual may register to serve. + (c) Registration.--Registration for the Civilian Reserve shall be +administered in a manner determined by the Secretary of Homeland +Security. At minimum, such registration shall include-- + (1) the applicant's name, address, telephone number, Social + Security number, and E-mail address; + (2) the applicant's occupation, areas of study, and skills; + and + (3) the applicant's preference for local, national, or + international service. + +SEC. 6. MOBILIZATION. + + (a) Mobilization.-- + (1) In general.--The President shall have the authority to + issue a voluntary call to action by issuing an executive order + to mobilize certain members of the Civilian Reserve to full- + time active duty status for a period not exceeding 6 months, in + order to meet the pressing needs of the Nation in times of + emergency, as determined by the President in consultation with + the Secretary of Homeland Security. + (2) Considerations.--In selecting members of the Civilian + Reserve to call to action pursuant to paragraph (1), the + President shall consider the relevant skills required by the + emergency, the geographic location of the volunteers, and the + logistics of such a mobilization. + (3) Methodology of call to action.--To the extent + practicable, for a voluntary call to action issued under + paragraph (1), members of the Civilian Reserve shall be + contacted via telephone, E-mail, and mail service. + (b) Voluntary Acceptance of Call to Action.--Members of the +Civilian Reserve may choose to accept a call to action issued pursuant +to subsection (a)(1) and enter full-time active duty status for the +period specified in such call to action, not exceeding 6 months. +Members of the Civilian Reserve may also decline such a call to action, +so long as such members remain committed to serving in full-time active +duty status for some period or periods, not to exceed a total of 6 +months, during their 5-year enrollment. + (c) Mandatory Service.--The President may, under extreme +circumstances, issue a mandatory mobilization of members of the +Civilian Reserve, requiring such members to begin full-time active duty +service for a period not exceeding 6 months. Such mobilization may +apply to any members of the Civilian Reserve notwithstanding whether +such members have fulfilled their expected 6-month period of service +described in section 5(b) prior to such mandatory mobilization. +Exemptions from such mandatory service shall be made for hardship due +to family or other circumstances, upon appeal by an individual member +of the Civilian Reserve. + +SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS. + + (a) In General.--Members of the Civilian Reserve serving in full- +time active duty status shall work side-by-side with officers and +agencies of the Federal, State, and local governments, non-profit and +non-governmental organizations, supplementing but not supplanting +existing systems for responding to emergencies and other pressing +needs. + (b) Transportation and Accommodations.--The Civilian Reserve +program shall provide members serving in full-time active duty status +with any necessary transportation and accommodations in order to +facilitate such service. + (c) Stipend.--Members of the Civilian Reserve serving in full-time +active duty status shall receive a stipend in order to pay for +necessary cost of living expenses, for such period of full-time active +duty status. The amount of the stipend shall be determined by the +Secretary of Homeland Security. + (d) Health Insurance.--Members of the Civilian Reserve serving in +full-time active duty status shall be eligible for health insurance +under a program to be established, by regulation, by the Secretary of +Homeland Security. + (e) Reemployment Protection.--The Secretary of Homeland Security +shall promulgate regulations to provide reemployment protection and +other benefits for members of the Civilian Reserve who complete a +period of full-time active duty service. + +SEC. 8. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Secretary of +Homeland Security such sums as may be necessary for fiscal years 2005 +through 2009 to carry out this Act.","Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. + +Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. + +Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. + +Prescribes benefits and reemployment protection for members serving in full-time active duty status.","To establish a national Civilian Volunteer Service Reserve program, a national volunteer service corps ready for service in response to domestic or international emergencies."," The Civilian Volunteer Service Reserve Act aims to establish a national volunteer service corps to be ready for service during domestic or international emergencies or other circumstances determined by the President. All U.S. citizens and legal residents over 18 years old are eligible to serve in the Civilian Reserve for a 5-year period, with a commitment to serve full-time active duty status for a total of 6 months when called upon. The President has the authority to mobilize members of the Civilian Reserve for up to 6 months during emergencies, considering relevant skills, geographic location, and logistics. Members serving in full-time active duty status receive transportation, accommodations, stipends, health insurance, and reemployment protection. Appropriations are authorized for fiscal years 2005 through 2009 to carry out this Act." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Worldwide Tobacco Disclosure Act of +1997''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Cigarette.--The term ``cigarette'' means-- + (A) any roll of tobacco wrapped in paper or in any + substance not containing tobacco which is to be burned, + (B) any roll of tobacco wrapped in any substance + containing tobacco which, because of its appearance, + the type of tobacco used in the filler, or its + packaging and labeling is likely to be offered to, or + purchased by consumers as a cigarette described in + subparagraph (A), + (C) little cigars which are any roll of tobacco + wrapped in leaf tobacco or any substance containing + tobacco (other than any roll of tobacco which is a + cigarette within the meaning of subparagraph (A)) and + as to which 1000 units weigh not more than 3 pounds, + and + (D) loose rolling tobacco and papers or tubes used + to contain such tobacco. + (2) Domestic concern.--The term ``domestic concern'' + means-- + (A) any individual who is a citizen, national, or + resident of the United States; and + (B) any corporation, partnership, association, + joint-stock company, business trust, unincorporated + organization, or sole proprietorship which has its + principal place of business in the United States, or + which is organized under the laws of a State of the + United States or a territory, possession, or + commonwealth of the United States. + (3) Nondiscriminatory law or regulation.--The term + ``nondiscriminatory law or regulation'' means a law or + regulation of a foreign country that adheres to the principle + of national treatment and applies no less favorable treatment + to goods that are imported into that country than it applies to + like goods that are the product, growth, or manufacture of that + country. + (4) Package.--The term ``package'' means a pack, box, + carton, or other container of any kind in which cigarettes or + other tobacco products are offered for sale, sold, or otherwise + distributed to customers. + (5) Sale or distribution.--The term ``sale or + distribution'' includes sampling or any other distribution not + for sale. + (6) State.--The term ``State'' includes, in addition to the + 50 States, the District of Columbia, Guam, the Commonwealth of + Puerto Rico, the Commonwealth of the Northern Mariana Islands, + the Virgin Islands, American Samoa, the Republic of the + Marshall Islands, the Federated States of Micronesia, and the + Republic of Palau. + (7) Tobacco product.--The term ``tobacco product'' means-- + (A) cigarettes; + (B) little cigars; + (C) cigars as defined in section 5702 of the + Internal Revenue Code of 1986; + (D) pipe tobacco; + (E) loose rolling tobacco and papers used to + contain such tobacco; + (F) products referred to as spit tobacco; and + (G) any other form of tobacco intended for human + use or consumption. + (8) United states.--The term ``United States'' includes the + States and installations of the Armed Forces of the United + States located outside a State. + +SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING + TOBACCO PRODUCTS. + + No funds appropriated by law may be used by any officer, employee, +department, or agency of the United States-- + (1) to seek, through negotiation or otherwise, the removal + or reduction by any foreign country of any nondiscriminatory + law or regulation, or any proposed nondiscriminatory law or + regulation, in that country that restricts the advertising, + manufacture, packaging, taxation, sale, importation, labeling, + or distribution of tobacco products; or + (2) to encourage or promote the export, advertising, + manufacture, sale, or distribution of tobacco products. + +SEC. 4. CIGARETTE EXPORT LABELING. + + (a) Labeling Requirements for Export of Cigarettes.-- + (1) In general.--It shall be unlawful for any domestic + concern to export from the United States, or to sell or + distribute in, or export from, any other country, any + cigarettes whose package does not contain a warning label + that-- + (A) complies with Federal labeling requirements for + cigarettes manufactured, imported, or packaged for sale + or distribution within the United States; and + (B) is in the primary language of the country in + which the cigarettes are intended for consumption. + (2) Labeling format.--Federal labeling format requirements + shall apply to a warning label described in paragraph (1) in + the same manner, and to the same extent, as such requirements + apply to cigarettes manufactured, imported, or packaged for + sale or distribution within the United States. + (3) Rotation of labeling.--Federal rotation requirements + for warning labels shall apply to a warning label described in + paragraph (1) in the same manner, and to the same extent, as + such requirements apply to cigarettes manufactured, imported, + or packaged for sale or distributed within the United States. + (4) Waivers.-- + (A) In general.--The President may waive the + labeling requirements required by this Act for + cigarettes, if the cigarettes are exported to a foreign + country included in the list described in subparagraph + (B) and if that country is the country in which the + cigarettes are intended for consumption. A waiver under + this subparagraph shall be in effect prior to the + exportation of any cigarettes not in compliance with + the requirements of this section by a person to a + foreign country included in the list. + (B) List of eligible countries for waiver.-- + (i) In general.--Not later than 90 days + after the date of enactment of this Act, the + President shall develop and publish in the + Federal Register a list of foreign countries + that have in effect requirements for the + labeling of cigarette packages substantially + similar to or more stringent than the + requirements for labeling of cigarette packages + set forth in paragraphs (1) through (3). The + President shall use the list to grant a waiver + under subparagraph (A). + (ii) Update of list.--The President shall-- + (I) update the list described in + clause (i) to include a foreign country + on the list if the country meets the + criteria described in clause (i), or to + remove a foreign country from the list + if the country fails to meet the + criteria; and + (II) publish the updated list in + the Federal Register. + (b) Penalties.-- + (1) Fine.--Any person who violates the provisions of + subsection (a) shall be fined not more than $100,000 per day + for each such violation. Any person who knowingly reexports + from or transships cigarettes through a foreign country + included in the list described in subsection (a)(4)(B) to avoid + the requirements of this Act shall be fined not more than + $150,000 per day for each such occurrence. + (2) Injunction proceedings.--The district courts of the + United States shall have jurisdiction, for cause shown, to + prevent and restrain violations of subsection (a) upon the + application of the Attorney General of the United States. + (c) Repeal.--Section 12 of the Federal Cigarette Labeling and +Advertising Act (15 U.S.C. 1340) is repealed. + (d) Regulatory Authority.--Not later than 90 days after the date of +enactment of this Act, the President shall promulgate such regulations +and orders as may be necessary to carry out this section. + (e) Effective Date.--The provisions of subsections (a) through (c) +shall take effect upon the effective date of the regulations +promulgated under subsection (d).","Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any U.S. employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. +Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label (including Federal labeling format and Federal rotation requirements) that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (2) is in the primary language of the country in which the cigarettes are intended for consumption. +Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. +Sets forth penalties for violation of this Act.",Worldwide Tobacco Disclosure Act of 1997," The Worldwide Tobacco Disclosure Act of 1997 aims to restrict negotiations regarding foreign laws regulating tobacco products and establish labeling requirements for cigarette exports. It prohibits the use of funds to seek removal or reduction of nondiscriminatory laws or regulations restricting advertising, manufacturing, packaging, taxation, sale, importation, labeling, or distribution of tobacco products. It also makes it unlawful for domestic concerns to export cigarettes without proper warning labels in the primary language of the intended consumption country. Violations can result in fines and injunction proceedings." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Cosmetology Tax Fairness and +Compliance Act of 2003''. + +SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID + WITH RESPECT TO EMPLOYEE TIPS. + + (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) +of section 45B(b) of the Internal Revenue Code of 1986 is amended to +read as follows: + ``(2) Application only to certain lines of business.--In + applying paragraph (1), there shall be taken into account only + tips received from customers or clients in connection with-- + ``(A) the providing, delivering, or serving of food + or beverages for consumption if the tipping of + employees delivering or serving food or beverages by + customers is customary, or + ``(B) the providing of any cosmetology service for + customers or clients at a facility licensed to provide + such service if the tipping of employees providing such + service is customary.'' + (b) Definition of Cosmetology Service.--Section 45B of such Code is +amended by redesignating subsections (c) and (d) as subsections (d) and +(e), respectively, and by inserting after subsection (b) the following +new subsection: + ``(c) Cosmetology Service.--For purposes of this section, the term +`cosmetology service' means-- + ``(1) hairdressing, + ``(2) haircutting, + ``(3) manicures and pedicures, + ``(4) body waxing, facials, mud packs, wraps, and other + similar skin treatments, and + ``(5) any other beauty related service provided at a + facility at which a majority of the services provided (as + determined on the basis of gross revenue) are described in + paragraphs (1) through (4).'' + (c) Effective Date.--The amendments made by this section shall +apply to tips received for services performed after December 31, 2003. + +SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF + COSMETOLOGY SERVICES. + + (a) In General.--Subpart B of part III of subchapter A of chapter +61 of the Internal Revenue Code of 1986 is amended by inserting after +section 6050T the following new section: + +``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION + TO BE PROVIDED TO COSMETOLOGISTS. + + ``(a) In General.--Every person (referred to in this section as a +`reporting person') who-- + ``(1) employs 1 or more cosmetologists to provide any + cosmetology service, + ``(2) rents a chair to 1 or more cosmetologists to provide + any cosmetology service on at least 5 calendar days during a + calendar year, or + ``(3) in connection with its trade or business or rental + activity, otherwise receives compensation from, or pays + compensation to, 1 or more cosmetologists for the right to + provide cosmetology services to, or for cosmetology services + provided to, third-party patrons, +shall comply with the return requirements of subsection (b) and the +taxpayer education requirements of subsection (c). + ``(b) Return Requirements.--The return requirements of this +subsection are met by a reporting person if the requirements of each of +the following paragraphs applicable to such person are met. + ``(1) Employees.--In the case of a reporting person who + employs 1 or more cosmetologists to provide cosmetology + services, the requirements of this paragraph are met if such + person meets the requirements of sections 6051 (relating to + receipts for employees) and 6053(b) (relating to tip reporting) + with respect to each such employee. + ``(2) Independent contractors.--In the case of a reporting + person who pays compensation to 1 or more cosmetologists (other +than as employees) for cosmetology services provided to third-party +patrons, the requirements of this paragraph are met if such person +meets the applicable requirements of section 6041 (relating to returns +filed by persons making payments of $600 or more in the course of a +trade or business), section 6041A (relating to returns to be filed by +service-recipients who pay more than $600 in a calendar year for +services from a service provider), and each other provision of this +subpart that may be applicable to such compensation. + ``(3) Chair renters.-- + ``(A) In general.--In the case of a reporting + person who receives rent or other fees or compensation + from 1 or more cosmetologists for use of a chair or for + rights to provide any cosmetology service at a salon or + other similar facility for more than 5 days in a + calendar year, the requirements of this paragraph are + met if such person-- + ``(i) makes a return, according to the + forms or regulations prescribed by the + Secretary, setting forth the name, address, and + TIN of each such cosmetologist and the amount +received from each such cosmetologist, and + ``(ii) furnishes to each cosmetologist + whose name is required to be set forth on such + return a written statement showing-- + ``(I) the name, address, and phone + number of the information contact of + the reporting person, + ``(II) the amount received from + such cosmetologist, and + ``(III) a statement informing such + cosmetologist that (as required by this + section), the reporting person has + advised the Internal Revenue Service + that the cosmetologist provided + cosmetology services during the + calendar year to which the statement + relates. + ``(B) Method and time for providing statement.--The + written statement required by clause (ii) of + subparagraph (A) shall be furnished (either in person + or by first-class mail which includes adequate notice + that the statement or information is enclosed) to the + person on or before January 31 of the year following + the calendar year for which the return under clause (i) + of subparagraph (A) is to be made. + ``(c) Taxpayer Education Requirements.--In the case of a reporting +person who is required to provide a statement pursuant to subsection +(b), the requirements of this subsection are met if such person +provides to each such cosmetologist annually a publication, as +designated by the Secretary, describing-- + ``(1) in the case of an employee, the tax and tip reporting + obligations of employees, and + ``(2) in the case of a cosmetologist who is not an employee + of the reporting person, the tax obligations of independent + contractors or proprietorships. +The publications shall be furnished either in person or by first-class +mail which includes adequate notice that the publication is enclosed. + ``(d) Definitions.--For purposes of this section-- + ``(1) Cosmetologist.-- + ``(A) In general.--The term `cosmetologist' means + an individual who provides any cosmetology service. + ``(B) Anti-avoidance rule.--The Secretary may by + regulation or ruling expand the term `cosmetologist' to + include any entity or arrangement if the Secretary + determines that entities are being formed to circumvent + the reporting requirements of this section. + ``(2) Cosmetology service.--The term `cosmetology service' + has the meaning given to such term by section 45B(c). + ``(3) Chair.--The term `chair' includes a chair, booth, or + other furniture or equipment from which an individual provides + a cosmetology service (determined without regard to whether the + cosmetologist is entitled to use a specific chair, booth, or + other similar furniture or equipment or has an exclusive right + to use any such chair, booth, or other similar furniture or + equipment). + ``(e) Exceptions for Certain Employees.--Subsection (c) shall not +apply to a reporting person with respect to an employee who is employed +in a capacity for which tipping (or sharing tips) is not customary.'' + (b) Conforming Amendments.-- + (1) Section 6724(d)(1)(B) of such Code (relating to the + definition of information returns) is amended by redesignating + clauses (xii) through (xviii) as clauses (xiii) through (xix), + respectively and by inserting after clause (xi) the following + new clause: + ``(xii) section 6050U(a) (relating to + returns by cosmetology service providers).'' + (2) Section 6724(d)(2) of such Code is amended by striking + ``or'' at the end of subparagraph (AA), by striking the period + at the end of subparagraph (BB) and inserting ``, or'', and by + inserting after subparagraph (BB) the following new + subparagraph: + ``(CC) subsections (b)(3)(A)(ii) and (c) of section + 6050U (relating to cosmetology service providers) even + if the recipient is not a payee.'' + (3) The table of sections for subpart B of part III of + subchapter A of chapter 61 of the Internal Revenue Code of 1986 + is amended by adding after section 6050T the following new + item: + + ``Sec. 6050U Returns relating to + cosmetology services and + information to be provided to + cosmetologists.'' + (c) Effective Date.--The amendments made by this section shall +apply to calendar years after 2003.",Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.,To amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector.," The Cosmetology Tax Fairness and Compliance Act of 2003 aims to expand credit for social security taxes paid with respect to employee tips for certain lines of business. It defines cosmetology service as hairdressing, haircutting, manicures, pedicures, body waxing, facials, mud packs, wraps, and other similar skin treatments provided at facilities where the majority of services are described above. The Act requires every person who employs or rents chairs to cosmetologists to comply with return requirements and provide taxpayer education for cosmetologists. The amendments apply to tips received for services performed after December 31, 2003." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Caribbean National Forest Wild and +Scenic Rivers Act of 2002''. + +SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, + PUERTO RICO. + + (a) Findings.--The Congress finds the following: + (1) In the revised land and resource management plan for the + Caribbean National Forest/Luquillo Experimental Forest, approved + April 17, 1997, and the environmental impact statement prepared as + part of the plan, the Secretary of Agriculture examined the + suitability of rivers within the Caribbean National Forest/Luquillo + Experimental Forest for inclusion in the National Wild and Scenic + Rivers System. + (2) Based on such examination, the Rio Icacos, Rio Mameyes, and + Rio de La Mina were found to be free flowing waterways and to + possess outstandingly remarkable scenic, recreational, geological, + hydrological, biological, historical, and cultural values, and, + therefore, to qualify for addition to the National Wild and Scenic + Rivers System. + (b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act +(16 U.S.C. 1274(a)) is amended by adding at the end the following new +paragraph: + ``(____) Rivers of Caribbean National Forest, Puerto Rico.-- + ``(A) Rio mameyes.--The segment of approximately 4.5 miles from + its headwaters in the Bano de Oro Research Natural Area to the + boundary of the Caribbean National Forest, to be administered by + the Secretary of Agriculture as follows: + ``(i) As a wild river from its headwaters in the Bano de + Oro Research Natural Area to the crossing point of Trail No. + 24/11 (approximately 500 feet upstream from the confluence with + the Rio de La Mina), a total of approximately 2.1 miles. + ``(ii) As a scenic river from the crossing point of Trail + No. 24/11 to the access point of Trail No. 7, a total of + approximately 1.4 miles. + ``(iii) As a recreational river from the access point of + Trail No. 7 to the national forest boundary, a total of + approximately 1.0 miles. + ``(B) Rio de la mina.--The segment of approximately 2.1 miles + from its headwaters to its confluence with the Rio Mameyes, to be + administered by the Secretary of Agriculture as follows: + ``(i) As a recreational river from its headwaters in the El + Yunque Recreation Area downstream to La Mina Falls, a total of + approximately 0.9 miles. + ``(ii) As a scenic river from La Mina falls downstream to + its confluence with the Rio Mameyes, a total of approximately + 1.2 miles. + ``(C) Rio icacos.--The segment of approximately 2.3 miles from + its headwaters to the boundary of the Caribbean National Forest, to + be administered by the Secretary of Agriculture as a scenic + river.''. + (c) Special Management Considerations.-- + (1) Certain permitted activities.--Subject to paragraph (2), + the amendment made by the subsection (b) and the applicability of + the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the + river segments added to the National Wild and Scenic Rivers System + by the amendment shall not be construed to prevent any of the + following activities within the boundaries of the river segments: + (A) Installation and maintenance of hydrologic, + meteorological, climatological, or atmospheric data collection + and transmission facilities, or any combination of such + facilities, when the Secretary of Agriculture determines that + such facilities are essential to the scientific research + purposes of the Luquillo Experimental Forest. + (B) Construction and maintenance of nesting structures, + observation blinds, and population monitoring platforms for + threatened and endangered species. + (C) Construction and maintenance of trails to such + facilities as necessary for research purposes and for the + recovery of threatened and endangered species. + (2) Conditions.--The activities authorized by paragraph (1) + shall be subject to such conditions as the Secretary considers + desirable. The Secretary shall ensure that the scale and scope of + such activities within the boundaries of a river segment added to + the National Wild and Scenic Rivers System by the amendment made by + the subsection (b) are not detrimental to the characteristics of + the river segment that merited its designation as a wild, scenic, + or recreational river. + (d) Preservation of Commonwealth Authority.--Nothing in this +section or the amendment made by this section shall be construed to +limit the authority of the Commonwealth of Puerto Rico over waters and +natural channels of public domain pursuant to the laws of the +Commonwealth of Puerto Rico. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System.Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest; (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species; or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river.","To designate certain waterways in the Caribbean National Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System, and for other purposes."," The Caribbean National Forest Wild and Scenic Rivers Act of 2002 aims to designate certain rivers within the Caribbean National Forest in Puerto Rico as part of the National Wild and Scenic Rivers System. The Act identifies three rivers - Rio Icacos, Rio Mameyes, and Rio de La Mina - as free flowing waterways with remarkable scenic, recreational, geological, hydrological, biological, historical, and cultural values. The Act amends the Wild and Scenic Rivers Act to include these rivers as part of the System, with specific segments designated as wild, scenic, or recreational rivers. The Act also outlines certain permitted activities within the boundaries of these river segments, such as data collection facilities installation, construction of nesting structures for threatened species, and maintenance of trails for research purposes. Finally, the Act preserves the authority of the Commonwealth of Puerto Rico over waters and natural channels of public domain." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Employee Free Choice Act of 2016''. + +SEC. 2. STREAMLINING UNION CERTIFICATION. + + (a) In General.--Section 9(c) of the National Labor Relations Act +(29 U.S.C. 159(c)) is amended by adding at the end the following: + ``(6) Notwithstanding any other provision of this section, whenever +a petition shall have been filed by an employee or group of employees +or any individual or labor organization acting in their behalf alleging +that a majority of employees in a unit appropriate for the purposes of +collective bargaining wish to be represented by an individual or labor +organization for such purposes, the Board shall investigate the +petition. If the Board finds that a majority of the employees in a unit +appropriate for bargaining has signed valid authorizations designating +the individual or labor organization specified in the petition as their +bargaining representative and that no other individual or labor +organization is currently certified or recognized as the exclusive +representative of any of the employees in the unit, the Board shall not +direct an election but shall certify the individual or labor +organization as the representative described in subsection (a). + ``(7) The Board shall develop guidelines and procedures for the +designation by employees of a bargaining representative in the manner +described in paragraph (6). Such guidelines and procedures shall +include-- + ``(A) model collective bargaining authorization language + that may be used for purposes of making the designations + described in paragraph (6); and + ``(B) procedures to be used by the Board to establish the + validity of signed authorizations designating bargaining + representatives.''. + (b) Conforming Amendments.-- + (1) National labor relations board.--Section 3(b) of the + National Labor Relations Act (29 U.S.C. 153(b)) is amended, in + the second sentence-- + (A) by striking ``and to'' and inserting ``to''; + and + (B) by striking ``and certify the results + thereof,'' and inserting ``, and to issue + certifications as provided for in that section,''. + (2) Unfair labor practices.--Section 8(b) of the National + Labor Relations Act (29 U.S.C. 158(b)) is amended-- + (A) in paragraph (7)(B) by striking ``, or'' and + inserting ``or a petition has been filed under section + 9(c)(6), or''; and + (B) in paragraph (7)(C) by striking ``when such a + petition has been filed'' and inserting ``when such a + petition other than a petition under section 9(c)(6) + has been filed''. + +SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. + + Section 8 of the National Labor Relations Act (29 U.S.C. 158) is +amended by adding at the end the following: + ``(h) Whenever collective bargaining is for the purpose of +establishing an initial agreement following certification or +recognition, the provisions of subsection (d) shall be modified as +follows: + ``(1) Not later than 10 days after receiving a written + request for collective bargaining from an individual or labor + organization that has been newly organized or certified as a + representative as defined in section 9(a), or within such + further period as the parties agree upon, the parties shall + meet and commence to bargain collectively and shall make every + reasonable effort to conclude and sign a collective bargaining + agreement. + ``(2) If after the expiration of the 90-day period + beginning on the date on which bargaining is commenced, or such + additional period as the parties may agree upon, the parties + have failed to reach an agreement, either party may notify the + Federal Mediation and Conciliation Service of the existence of + a dispute and request mediation. Whenever such a request is + received, it shall be the duty of the Service promptly to put + itself in communication with the parties and to use its best + efforts, by mediation and conciliation, to bring them to + agreement. + ``(3) If after the expiration of the 30-day period + beginning on the date on which the request for mediation is + made under paragraph (2), or such additional period as the + parties may agree upon, the Service is not able to bring the + parties to agreement by conciliation, the Service shall refer + the dispute to an arbitration board established in accordance + with such regulations as may be prescribed by the Service. The + arbitration panel shall render a decision settling the dispute + and such decision shall be binding upon the parties for a + period of 2 years, unless amended during such period by written + consent of the parties.''. + +SEC. 4. STRENGTHENING ENFORCEMENT. + + (a) Injunctions Against Unfair Labor Practices During Organizing +Drives.-- + (1) In general.--Section 10(l) of the National Labor + Relations Act (29 U.S.C. 160(l)) is amended-- + (A) in the second sentence, by striking ``If, after + such'' and inserting the following: + ``(2) If, after such''; and + (B) by striking the first sentence and inserting + the following: + ``(1) Whenever it is charged-- + ``(A) that any employer-- + ``(i) discharged or otherwise discriminated against + an employee in violation of subsection (a)(3) of + section 8; + ``(ii) threatened to discharge or to otherwise + discriminate against an employee in violation of + subsection (a)(1) of section 8; or + ``(iii) engaged in any other unfair labor practice + within the meaning of subsection (a)(1) that + significantly interferes with, restrains, or coerces + employees in the exercise of the rights guaranteed in + section 7; + while employees of that employer were seeking representation by + a labor organization or during the period after a labor + organization was recognized as a representative defined in + section 9(a) until the first collective bargaining contract is + entered into between the employer and the representative; or + ``(B) that any person has engaged in an unfair labor + practice within the meaning of subparagraph (A), (B), or (C) of + section 8(b)(4), section 8(e), or section 8(b)(7); +the preliminary investigation of such charge shall be made forthwith +and given priority over all other cases except cases of like character +in the office where it is filed or to which it is referred.''. + (2) Conforming amendment.--Section 10(m) of the National + Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting + ``under circumstances not subject to section 10(l)'' after + ``section 8''. + (b) Remedies for Violations.-- + (1) Backpay.--Section 10(c) of the National Labor Relations + Act (29 U.S.C. 160(c)) is amended by striking ``And provided + further,'' and inserting ``Provided further, That if the Board + finds that an employer has discriminated against an employee in + violation of subsection (a)(3) of section 8 while employees of + the employer were seeking representation by a labor + organization, or during the period after a labor organization + was recognized as a representative defined in subsection (a) of + section 9 until the first collective bargaining contract was + entered into between the employer and the representative, the + Board in such order shall award the employee back pay and, in + addition, 2 times that amount as liquidated damages: Provided + further,''. + (2) Civil penalties.--Section 12 of the National Labor + Relations Act (29 U.S.C. 162) is amended-- + (A) by striking ``Any'' and inserting ``(a) Any''; + and + (B) by adding at the end the following: + ``(b) Any employer who willfully or repeatedly commits any unfair +labor practice within the meaning of subsection (a)(1) or (a)(3) of +section 8 while employees of the employer are seeking representation by +a labor organization or during the period after a labor organization +has been recognized as a representative defined in subsection (a) of +section 9 until the first collective bargaining contract is entered +into between the employer and the representative shall, in addition to +any make-whole remedy ordered, be subject to a civil penalty of not to +exceed $20,000 for each violation. In determining the amount of any +penalty under this section, the Board shall consider the gravity of the +unfair labor practice and the impact of the unfair labor practice on +the charging party, on other persons seeking to exercise rights +guaranteed by this Act, or on the public interest.''.","Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation. ",Employee Free Choice Act of 2016," The Employee Free Choice Act of 2016 aims to streamline union certification, facilitate initial collective bargaining agreements, and strengthen enforcement. It amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to investigate petitions for union representation if a majority of employees sign valid authorizations for the designated individual or labor organization. It also modifies provisions for initial collective bargaining agreements, requiring parties to meet and bargain collectively within 10 days after receiving a written request for collective bargaining. If no agreement is reached within 90 days, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). If mediation fails after an additional 30 days, the dispute is referred to an arbitration board whose decision is binding for two years unless amended by written consent of the parties. The Act strengthens enforcement by prioritizing investigations of unfair labor practices during organizing drives and imposing civil penalties on employers who commit such practices." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Equal Access to Medicare Options Act +of 2009''. + +SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE + BENEFICIARIES. + + (a) In General.--Section 1882(s) of the Social Security Act (42 +U.S.C. 1395ss(s)) is amended-- + (1) in paragraph (2)(A), by striking ``65 years of age or + older and is enrolled for benefits under part B'' and inserting + ``entitled to, or enrolled for, benefits under part A and + enrolled for benefits under part B''; + (2) in paragraph (2)(D), by striking ``who is 65 years of + age or older as of the date of issuance and''; and + (3) in paragraph (3)(B)(vi), by striking ``at age 65''. + (b) Phase-In Authority.-- + (1) In general.--Subject to paragraph (2), the Secretary of + Health and Human Services may phase in the implementation of + the amendments made under subsection (a) in such manner as the + Secretary determines appropriate to minimize any adverse impact + on individuals enrolled under a Medicare supplemental policy + prior to the effective date of this Act. + (2) Limit.--The phase-in period under paragraph (1) shall + not exceed 5 years. + (c) Separate Premium Class.-- + (1) In general.--Subject to paragraph (2), any individuals + enrolled under a Medicare supplemental policy pursuant to the + amendments made under subsection (a) shall be classified by the + issuer as part of a separate premium class. + (2) Limit.--The provision in paragraph (1) shall apply to + individuals that enroll under a Medicare supplemental policy + prior to January 1, 2015. + (d) Additional Enrollment Period for Certain Individuals.-- + (1) One-time enrollment period.-- + (A) In general.--In the case of an individual + described in paragraph (2), the Secretary shall + establish a one-time enrollment period during which + such an individual may enroll in any Medicare + supplemental policy of the individual's choosing. + (B) Period.--The enrollment period established + under subparagraph (A) shall begin on the date on which + the phase-in period under subsection (b) is completed + and end 6 months after such date. + (2) Individual described.--An individual described in this + paragraph is an individual who-- + (A) is entitled to hospital insurance benefits + under part A under section 226(b) or section 226A of + the Social Security Act (42 U.S.C. 426(b); 426-1); + (B) is enrolled for benefits under part B of such + Act (42 U.S.C. 1395j et seq.); and + (C) would not, but for the provisions of and + amendments made by this section, be eligible for the + guaranteed issue of a Medicare supplemental policy + under section 1882(s)(2) of such Act (42 U.S.C. + 1395ss(s)(2)). + (3) Outreach plan.--The Secretary shall develop an outreach + plan to notify individuals described in paragraph (2) of the + one-time enrollment period established under paragraph (1). + +SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND + MEDICAID ENROLLEES. + + (a) In General.--Section 1882(s)(3) of the Social Security Act (42 +U.S.C. 1395ss(s)(3)), as amended by section 2, is amended-- + (1) in subparagraph (B), by adding at the end the following + new clauses: + ``(vii) The individual was enrolled in a Medicare Advantage + plan under part C for not less than 12 months and subsequently + disenrolled from such plan and elects to receive benefits under + this title through the original Medicare fee-for-service + program under parts A and B. + ``(viii) The individual-- + ``(I) is entitled to, or enrolled for, benefits + under part A and enrolled for benefits under part B; + ``(II) was eligible for medical assistance under a + State plan or waiver under title XIX and was enrolled + in such plan or waiver; and + ``(III) subsequently lost eligibility for such + medical assistance.''; and + (2) by striking subparagraph (C)(iii) and inserting the + following: + ``(iii) Subject to subsection (v)(1), for purposes of an + individual described in clause (vi), (vii), or (viii) of + subparagraph (B), a Medicare supplemental policy described in + this subparagraph shall include any Medicare supplemental + policy.''. + (3) in subparagraph (E)-- + (A) in clause (iv), by striking ``and'' at the end; + (B) in clause (v), by striking the period at the + end and inserting a semicolon; and + (C) by adding at the end the following new clauses: + ``(vi) in the case of an individual described in + subparagraph (B)(vii), the annual, coordinated election period + (as defined in section 1851(e)(3)(B)) or a continuous open + enrollment period (as defined in section 1851(e)(2)) during + which the individual disenrolls from a Medicare Advantage plan + under part C; and + ``(vii) in the case of an individual described in + subparagraph (B)(viii), the period beginning on the date that + the individual receives a notice of cessation of such + individual's eligibility for medical assistance under the State + plan or waiver under title XIX and ending on the date that is + 123 days after the individual receives such notice.''. + (b) Effective Date.--The amendments made by subsection (a) shall +apply to Medicare supplemental policies effective on or after January +1, 2010. + +SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN + MEDICARE ADVANTAGE. + + (a) In General.--Section 1851(a) of the Social Security Act (42 +U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting +the following: + ``(3) Medicare+Choice Eligible Individual.--In this title, the term +`Medicare+Choice eligible individual' means an individual who is +entitled to benefits under part A and enrolled under part B.''. + (b) Conforming Amendments.-- + (1) Section 1852(b) of the Social Security Act (42 U.S.C. + 1395w-22(b)) is amended by striking paragraph (1) and inserting + the following: + ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, +limit, or condition the coverage or provision of benefits under this +part, for individuals permitted to be enrolled with the organization +under this part, based on any health status-related factor described in +section 2702(a)(1) of the Public Health Service Act. The Secretary +shall not approve a plan of an organization if the Secretary determines +that the design of the plan and its benefits are likely to +substantially discourage enrollment by certain MA eligible individuals +with the organization.''. + (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w- + 28(b)(6)(B)) is amended in the second sentence by striking + ``may waive application of section 1851(a)(3)(B) in the case of + an individual described in clause (i), (ii), or (iii) of this + subparagraph and''. + (c) Effective Date.--The amendments made by this section shall +apply to plan years beginning on or after January 1, 2010.","Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy. + +Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage.",A bill to provide all Medicare beneficiaries with the right to guaranteed issue of a Medicare supplemental policy.," The Equal Access to Medicare Options Act of 2009 aims to amend the Social Security Act to guarantee issue of Medigap policies to all Medicare beneficiaries. It provides for phase-in authority for the Secretary of Health and Human Services to minimize any adverse impact on individuals enrolled under a Medicare supplemental policy before the Act's effective date. The Act also establishes a separate premium class for individuals enrolled under a Medicare supplemental policy due to the amendments made under this Act. Additionally, it provides for a one-time enrollment period for certain individuals who would not be eligible for guaranteed issue of a Medicare supplemental policy without these amendments. Furthermore, the Act guarantees issue of Medigap policies for Medicare Advantage and Medicaid enrollees under specific conditions. Lastly, it amends the enrollment of individuals with end stage renal disease in Medicare Advantage to prohibit denial, limitation, or conditioning of coverage or provision of benefits based on health status-related factors." +"SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS. + + (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding +any provision of title III of the Immigration and Nationality Act (8 +U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance +with this section, for the granting of posthumous citizenship, as of +September 10, 2001, to a person described in subsection (b), if the +Attorney General approves an application for such citizenship filed +under subsection (e). + (b) Noncitizens Eligible for Posthumous Citizenship.--A person +referred to in subsection (a) is a person who-- + (1) while an alien or a noncitizen national of the United + States, died as a result of an injury incurred in one or more + of the events described in subsection (c); + (2) was not culpable for any of such events; and + (3) on September 11, 2001-- + (A) had pending an application for naturalization, + or for a certificate of citizenship, filed with the + Attorney General by the person; or + (B) was the beneficiary of a pending application + for naturalization filed with the Attorney General by a + parent of the person. + (c) Events Described.-- + (1) In general.--The events described in this subsection + are the following: + (A) The hijacking of American Airlines Flight 11 on + September 11, 2001, the crash of that aircraft into the + World Trade Center in New York, New York, and the + subsequent destruction that resulted. + (B) The hijacking of United Airlines Flight 175 on + such date, the crash of that aircraft into the World + Trade Center in New York, New York, and the subsequent + destruction that resulted. + (C) The hijacking of American Airlines Flight 77 on + such date, the crash of that aircraft into the Pentagon + in Arlington, Virginia, and the subsequent destruction + that resulted. + (D) The hijacking of United Airlines Flight 93 on + such date, and the crash of that aircraft in Stony + Creek Township, Pennsylvania. + (2) Response personnel included.--Any person who died as a + result of an injury incurred while assisting in the emergency + response to an event described in paragraph (1) (such as + military personnel, law enforcement officers, firefighters, + emergency management personnel, search and rescue personnel, + medical personnel, engineers and other personnel providing + technical assistance, and volunteers) shall be considered to + have died as a result of an injury incurred in such event. + (d) Requirements.-- + (1) In general.--Unless otherwise provided by this section, + no person may be granted posthumous citizenship under this + section who would not otherwise have been eligible for + naturalization on the date of the person's death. Unless + otherwise provided by this section, any provision of law that + specifically bars or prohibits a person from being naturalized + as a citizen of the United States shall be applied to the + granting of posthumous citizenship under this section. + (2) Waiver of english language and government + requirements.--Notwithstanding section 312 of the Immigration + and Nationality Act (8 U.S.C. 1423), or any similar provision + of law requiring that a person demonstrate an understanding of + the English language or a knowledge and understanding of the + fundamentals of the history, and of the principles and form of + government, of the United States in order to be naturalized, no + such demonstration shall be required for the granting of + posthumous citizenship under this section. + (3) Waiver of oath.--No oath of renunciation or allegiance + shall be required for the granting of posthumous citizenship + under this section. + (4) Investigation of applicants; examination of + applications.--To the maximum extent practicable, the + investigation and examination described in section 335 of the + Immigration and Nationality Act (8 U.S.C. 1446) shall be + conducted with respect to an application described in + subsection (b)(3) in the same manner as they otherwise would + have been conducted if the subject of the application had not + died. + (e) Requests for Posthumous Citizenship.--A request for the +granting of posthumous citizenship to a person described in subsection +(b) may be filed on behalf of the person only by the next of kin (as +defined by the Attorney General) or another representative (as defined +by the Attorney General), and must be filed not later than 2 years +after the later of-- + (1) the date of the enactment of this section; or + (2) the date of the person's death. + (f) Documentation of Posthumous Citizenship.--If the Attorney +General approves such a request to grant a person posthumous +citizenship, the Attorney General shall send to the individual who +filed the request a suitable document which states that the United +States considers the person to have been a citizen of the United States +on and after September 10, 2001. + (g) No Benefits to Survivors.--Nothing in this section shall be +construed as providing for any benefits under the Immigration and +Nationality Act for any spouse, son, daughter, or other relative of a +person granted posthumous citizenship under this section.","Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001.","To provide for the granting of posthumous citizenship to certain aliens lawfully admitted for permanent residence who died as a result of the hijackings of 4 commercial aircraft, the attacks on the World Trade Center, or the attack on the Pentagon, on September 11, 2001, and for other purposes."," This text discusses the granting of posthumous citizenship to certain noncitizens who died as a result of the terrorist attacks on September 11, 2001. To be eligible for posthumous citizenship, individuals must have been noncitizens at the time of their death, not be culpable for the attacks, and have had a pending application for naturalization or be the beneficiary of a pending application filed by their parent. The Attorney General is responsible for approving applications for posthumous citizenship, and the process does not require demonstrations of English language proficiency or knowledge of U.S. history and government principles. Requests for posthumous citizenship must be filed by the next of kin or another representative within two years after the person's death or the enactment of this section. Granting posthumous citizenship does not provide any benefits under the Immigration and Nationality Act for the survivors of the deceased individuals." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting Pregnant Women and +Children From Perchlorate Act of 2011''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds that-- + (1) perchlorate-- + (A) is a chemical used as the primary ingredient of + solid rocket propellant; and + (B) is also used in fireworks, road flares, and + other applications; + (2) waste from the manufacture and improper disposal of + chemicals containing perchlorate is increasingly being + discovered in soil and water; + (3) according to the Government Accountability Office, + perchlorate contamination has been detected in water and soil + at almost 400 sites in the United States, with concentration + levels ranging from 4 parts per billion to millions of parts + per billion; + (4) the Government Accountability Office has determined + that the Environmental Protection Agency does not centrally + track or monitor perchlorate detections or the status of + perchlorate cleanup, so a greater number of contaminated sites + may already exist; + (5) according to the Government Accountability Office, + limited Environmental Protection Agency data show that + perchlorate has been found in 35 States and the District of + Columbia and is known to have contaminated 153 public water + systems in 26 States; + (6) those data are likely underestimates of total drinking + water exposure, as illustrated by the finding of the California + Department of Health Services that perchlorate contamination + sites have affected approximately 273 drinking water sources + and 86 drinking water systems in the State of California alone; + (7) Food and Drug Administration scientists and other + scientific researchers have detected perchlorate in the United + States food supply, including in lettuce, milk, cucumbers, + tomatoes, carrots, cantaloupe, wheat, and spinach, and in human + breast milk; + (8)(A) perchlorate can harm human health, especially in + pregnant women and children, by interfering with uptake of + iodide by the thyroid gland, which is necessary to produce + important hormones that help control human health and + development; + (B) in adults, the thyroid helps to regulate metabolism; + (C) in children, the thyroid helps to ensure proper mental + and physical development; and + (D) impairment of thyroid function in expectant mothers or + infants may result in effects including delayed development and + decreased learning capability; + (9)(A) in October 2006, researchers from the Centers for + Disease Control and Prevention published the largest, most + comprehensive study to date on the effects of low levels of + perchlorate exposure in women, finding that-- + (i) significant changes existed in thyroid hormones + in women with low iodine levels who were exposed to + perchlorate; and + (ii) even low-level perchlorate exposure may affect + the production of hormones by the thyroid in iodine- + deficient women; and + (B) in the United States, about 36 percent of women have + iodine levels equivalent to or below the levels of the women in + the study described in subparagraph (A); and + (10) the Environmental Protection Agency has not + established a health advisory or national primary drinking + water regulation for perchlorate, but instead established a + ``Drinking Water Equivalent Level'' of 24.5 parts per billion + for perchlorate, which-- + (A) does not take into consideration all routes of + exposure to perchlorate; + (B) has been criticized by experts as failing to + sufficiently consider the body weight, unique exposure, + and vulnerabilities of certain pregnant women and + fetuses, infants, and children; and + (C) is based primarily on a small study and does + not take into account new, larger studies of the + Centers for Disease Control and Prevention or other + data indicating potential effects at lower perchlorate + levels than previously found. + (b) Purposes.--The purposes of this Act are-- + (1) to require the Administrator of the Environmental + Protection Agency to establish, by not later than 90 days after + the date of enactment of this Act, a health advisory for + perchlorate in drinking water that-- + (A) is fully protective of, and considers, the body + weight and exposure patterns of pregnant women, + infants, and children; + (B) provides an adequate margin of safety; and + (C) takes into account all routes of exposure to + perchlorate; + (2) to require the Administrator of the Environmental + Protection Agency to establish not later than 1 year after the + date of enactment of this Act a national primary drinking water + regulation for perchlorate that fully protects pregnant women, + infants, and children, taking into consideration body weight, + exposure patterns, and all routes of exposure to perchlorate. + +SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION + FOR PERCHLORATE. + + Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- +1(b)(12)) is amended by adding at the end the following: + ``(C) Perchlorate.-- + ``(i) Health advisory.--Notwithstanding any + other provision of this section, not later than + 90 days after the date of enactment of this + subparagraph, the Administrator shall publish a + health advisory for perchlorate that is fully + protective, with an adequate margin of safety, + of the health of vulnerable persons (including + pregnant women, infants, and children), taking + into consideration body weight, exposure + patterns, and all routes of exposure. + ``(ii) Proposed regulations.-- + Notwithstanding any other provision of this + section, the Administrator shall propose (not + later than 180 days after the date of enactment + of this subparagraph) and shall finalize (not + later than 1 year after the date of enactment + of this subparagraph) a national primary + drinking water regulation for perchlorate-- + ``(I) that based on the factors in + clause (i) and other relevant data, is + protective, with an adequate margin of + safety, of vulnerable persons + (including pregnant women, infants, and + children); and + ``(II) the maximum contaminant + level of which is as close to the + maximum contaminant level goal for + perchlorate, and as protective of + vulnerable persons, as is feasible.''.","Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.","A bill to amend the Safe Drinking Water Act to protect the health of pregnant women, fetuses, infants, and children by requiring a health advisory and drinking water standard for perchlorate."," The ""Protecting Pregnant Women and Children From Perchlorate Act of 2011"" aims to address the health risks posed by perchlorate, a chemical used in solid rocket propellants and other applications. The Act seeks to establish a health advisory for perchlorate in drinking water that considers the body weight and exposure patterns of vulnerable groups such as pregnant women, infants, and children. Additionally, it requires the establishment of a national primary drinking water regulation for perchlorate that fully protects these vulnerable groups by taking into account body weight, exposure patterns, and all routes of exposure to perchlorate." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Moving to Work Reform Act of 2015''. + +SEC. 2. TERMS OF MOVING TO WORK AGREEMENTS. + + The Secretary of Housing and Urban Development may not enter into +or extend any Moving to Work agreement for any public housing agency +for participation in the demonstration established under section 204 of +the Departments of Veterans Affairs and Housing and Urban Development, +and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; +110 Stat. 1321), unless such agreement is subject to the following +terms and conditions for the entire duration of such agreement: + (1) Evaluation of major policy changes.--A public housing + agency may not newly establish any rent policy that raises rent + burdens for a significant portion of participating families, + any time limitation on the term of housing assistance, or any + policy that conditions receipt of housing assistance from + program funds on employment status, unless-- + (A) the policy change will be subject to a detailed + evaluation using a rigorous research methodology which + includes, at least in part, random assignment to + treatment and control groups to compare the impact on + assisted families (including families that cease to + receive assistance during the term of the evaluation) + to similar families not subject to such policy change; + and + (B) the Secretary determines that adequate Federal + or other resources are available to undertake the + required evaluation. + (2) Use of tenant-based rental assistance funds.--A public + housing agency may use funds appropriated for renewal of + tenant-based rental assistance only for payments to or on + behalf of eligible families that assist such families with + housing costs, except that up to 10 percent of such funds may + be used for other eligible purposes, subject to such + requirements as the Secretary shall establish. + (3) Determination of tenant-based rental assistance + funding.--A public housing agency shall receive funding for + renewal of tenant-based rental assistance determined using the + same formula applied to public housing agencies that do not + participate in the demonstration, except that up to 10 percent + of such funds may be renewed by adjusting the prior year's + funding by an inflation factor determined by the Secretary. + (4) Prohibition of reduction in number of families + assisted.--A public housing agency shall provide ongoing + housing assistance resulting in average cost burdens no higher + than those of families assisted under sections 8 and 9 of the + United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to + substantially the same number of eligible low-income families + as the agency could assist if it expended the full amount of + funding it receives under such sections 8 and 9 pursuant to the + requirements of such sections. + (5) Housing choice.--If the Secretary determines that a + disproportionately low share of families assisted by a public + housing agency using funds appropriated pursuant to sections 8 + and 9 of the United States Housing Act of 1937 lives in + neighborhoods with low crime, high-performing schools, or other + indicators of high opportunity, the public housing agency shall + develop and implement a plan to expand families' access to such + neighborhoods. + (6) Determination of public housing operating funding.--A + public housing agency shall receive funding for operation and + management of public housing determined using the same formula + applied to public housing agencies that do not participate in + the demonstration, except that, for an agency that currently + receives such funding under an alternative formula established + by its Moving to Work agreement, the Secretary shall phase in + the requirements of this paragraph in a manner sufficient so as + to avoid reducing funding by more than 10 percent per year. + (7) Retained provisions.--The Secretary shall not waive any + of the following provisions of the United States Housing Act of + 1937: + (A) Subsections (a)(2)(A) and (b)(1) of section 16 + (42 U.S.C. 1437n; relating to targeting for new + admissions). + (B) Section 2(b) (42 U.S.C. 1437(b); relating to + tenant representatives on the public housing agency + board of directors). + (C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2); + relating to definitions for the terms ``low-income + families'', ``very low-income families'', and + ``extremely low-income families''). + (D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating + to the formation of and consultation with a resident + advisory board). + (E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C. + 1437d(f)(1), 1437f(o)(8)(B); relating to compliance of + units assisted with housing quality standards or other + codes). + (F) Section 6(k) (42 U.S.C. 1437d(k); relating to + grievance procedures for public housing tenants). + (G) Section 7 (42 U.S.C. 1437e; relating to + designation of housing for elderly and disabled + households). + (H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee), + 1437d(n); relating to records, certification and + confidentiality regarding domestic violence). + (I) Paragraphs (3) and (4)(i) of section 6(c) and + sections 982.552 and 982.553 of the Secretary's + regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552, + 982.553; relating to rights of applicants). + (J) Section 6(l) (42 U.S.C. 1437d(l); relating to + public housing lease requirements), except that for + units assisted both with program funds and low-income + housing tax credits, the initial lease term may be less + than 12 months if required to conform lease terms with + such tax credit requirements. + (K) Subparagraphs (C) through (F) of section + 8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o); + relating to lease requirements and eviction protections + for families assisted with tenant-based assistance). + (L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B); + relating to the 20-percent portfolio cap on the use of + voucher funds for project-based vouchers), except as + follows: + (i) A public housing agency that, pursuant + to a Moving to Work agreement in effect on the + date of the enactment of this Act, is using or + has committed voucher funds as of such date of + enactment for project-based vouchers in excess + of the 20-percent cap may continue to use such + funds in excess of such cap, but not in excess + of the percentage in use or committed as of + such date of enactment pursuant to such + agreement, or as specified in clause (ii), + whichever is higher. + (ii) A public housing agency may use + voucher funds for project-based vouchers in + excess of the 20-percent cap, but not to exceed + 35 percent, if such use meets one of the + following criteria: + (I) The project-based vouchers + serve homeless or other special needs + families, as defined by the Secretary. + (II) The project-based vouchers are + used in a low-poverty area, as defined + by the Secretary. + (III) The project-based vouchers + are used in connection with a + demonstration of a project-based + program that is subject to evaluation + by the Secretary. + (M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E); + relating to the ability of families with project-based + vouchers to move, using tenant-based vouchers, after 12 + months of occupancy), unless the Secretary determines + that waiver of such section is necessary to implement + transitional or time-limited housing policies subject + to evaluation described in paragraph (1) of this + section. + (N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1); + relating to the portability of vouchers). + (O) The following requirements applicable to + resident councils and jurisdiction-wide resident + organizations: + (i) Establishment of resident councils and + resident organizations under section 20 (42 + U.S.C. 1437r). + (ii) Minimum amount of public housing + agency support for such councils and + organizations under section 20. + (iii) Involvement of such councils and + organizations in public housing agency + operations, as authorized under sections + 3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C. + 1437a(c)(2), 1437d(c)(5)(C), 1437g(e)). + +SEC. 3. ASSESSMENT OF DEMONSTRATION. + + The Secretary of Housing and Urban Development shall conduct a +comprehensive evaluation of the Moving to Work demonstration and, upon +completion of the evaluation, submit to the Congress a report-- + (1) describing and analyzing the risks and potential + benefits of expanding the Moving to Work demonstration program + to additional agencies compared to those of maintaining the + demonstration program at its current size; and + (2) identifying reforms, and selection criteria in case the + demonstration program is expanded, that would improve the + program's effectiveness in testing innovative policies while + minimizing adverse effects on low-income families and ensuring + efficient use of Federal funds to meet the most pressing + housing needs.","Moving to Work Reform Act of 2015 This bill prohibits the Department of Housing and Urban Development (HUD) from entering into or extending any Moving to Work agreement for any public housing agency (PHA) for participation in the Moving to Work Demonstration Program, unless the agreement is subject to specified terms and conditions set forth by this Act for its entire duration. (Under the Moving to Work Demonstration Program up to 30 selected PHAs, including Indian housing authorities, may administer the public or Indian housing program and the Section 8 housing assistance payments program in ways designed to reduce costs and achieve greater cost-effectiveness in federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families.) Under such an agreement a PHA: may not establish any new rent policy that raises rent burdens for a significant portion of participating families, or causes specified other results, unless certain conditions are met; may use funds appropriated for renewal of tenant-based rental assistance only for payments assisting eligible families with housing costs; shall receive funding for renewal of tenant-based rental assistance under the same formula applied to nonparticipating PHAs; must provide ongoing housing assistance to substantially the same number of eligible low-income families as it could assist ordinarily but with average cost burdens no higher than those of families assisted under Sections 8 (low-income housing assistance) and 9 (Public Housing Capital and Operating Funds) of the United States Housing Act of 1937; and develop and implement a plan to expand families' access to neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, if a disproportionately low share of PHA-assisted families lives in such neighborhoods. HUD may not waive specified housing-related requirements. HUD must conduct a comprehensive evaluation of the Demonstration Program to: analyze the risks and potential benefits of expanding it to additional agencies; and identify reforms, and selection criteria in case the Demonstration Program is expanded, that would improve its effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of federal funds to meet the most pressing housing needs. ",Moving to Work Reform Act of 2015," The Moving to Work Reform Act of 2015 outlines terms for Moving to Work agreements for public housing agencies participating in a demonstration established under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Key terms include evaluation of major policy changes, use of tenant-based rental assistance funds, determination of tenant-based rental assistance funding, housing choice, determination of public housing operating funding, and retained provisions. The Act also requires an assessment of the Moving to Work demonstration program, with a report submitted to Congress detailing risks, benefits, potential reforms, and selection criteria for expanding the program if deemed appropriate." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Deter Revolving-door Appointments In +our Nation; Stop Washington Appointees from becoming Manipulative +Petitioners Act'' or the ``DRAIN the SWAMP Act''. + +SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL + APPOINTEES. + + (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.-- + (1) In general.--Section 207 of title 18, United States + Code, is amended by striking subsections (c) and (d) and + inserting the following: + ``(c) Restrictions on Senior Personnel of the Executive Branch and +Independent Agencies.-- + ``(1) Restrictions.--In addition to the restrictions set + forth in subsections (a) and (b), any person who is a political + appointee of the executive branch of the United States + (including an independent agency), and who, within 5 years + after the termination of his or her service or employment as + such a political appointee, knowingly makes, with the intent to + influence, any communication to or appearance before any + officer or employee of the department or agency in which such + person served, on behalf of any other person (except the United + States), in connection with any matter on which such person + seeks official action by any officer or employee of such + department or agency, shall be punished as provided in section + 216 of this title. + ``(2) Political appointee.--The term `political appointee' + means an individual who is-- + ``(A) employed in a position described under + sections 5312 through 5316 of title 5, United States + Code (relating to the Executive Schedule); + ``(B) a limited term appointee, limited emergency + appointee, or noncareer appointee in the Senior + Executive Service, as defined under paragraphs (5), + (6), and (7), respectively, of section 3132(a) of title + 5, United States Code; or + ``(C) employed in a position of a confidential or + policy-determining character under schedule C of + subpart C of part 213 of title 5 of the Code of Federal + Regulations. + ``(3) Waiver.--At the request of a department or agency, + the Director of the Office of Government Ethics may waive the + restrictions contained in paragraph (1) with respect to any + position, or category of positions, referred to in paragraph + (2) in such department or agency if the Director determines + that-- + ``(A) the imposition of the restrictions with + respect to such position or positions would create an + undue hardship on the department or agency in obtaining + qualified personnel to fill such position or positions; + and + ``(B) granting the waiver would not create the + potential for use of undue influence or unfair + advantage.''. + (2) Conforming amendments.--Section 207 of such title is + amended-- + (A) in subsection (f)(1), by striking ``subsection + (c), (d), or (e)'' and inserting ``subsection (c) or + (e)''; + (B) in subsection (h)(2), by striking ``subsection + (c)(2)(A)(i) or (iii)'' and inserting ``subsection + (c)(2)(A) or (C)''; and + (C) in subsection (i)(1)(A), by striking + ``subsections (a), (c), and (d)'' and inserting + ``subsections (a) and (c)''. + (b) Lifetime Ban on Serving as Agent of Foreign Government.-- + (1) Registration as agent.--The Foreign Agents Registration + Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the + end the following new section: + +``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES. + + ``(a) Prohibition.--No individual may register under this Act or +otherwise serve as the agent of a foreign principal if the individual +at any time served as a political appointee (as defined in subsection +(b)). + ``(b) Political Appointee.--The term `political appointee' means an +individual who is-- + ``(1) employed in a position described under sections 5312 + through 5316 of title 5, United States Code (relating to the + Executive Schedule); + ``(2) a limited term appointee, limited emergency + appointee, or noncareer appointee in the Senior Executive + Service, as defined under paragraphs (5), (6), and (7), + respectively, of section 3132(a) of title 5, United States + Code; or + ``(3) employed in a position of a confidential or policy- + determining character under schedule C of subpart C of part 213 + of title 5 of the Code of Federal Regulations.''. + (2) Other representation as foreign entity.--Section + 207(f)(1)(A) of title 18, United States Code, is amended by + inserting after ``within 1 year'' the following: ``(or, in the + case of a person who is subject to the restrictions contained + in subsection (c), at any time)''. + (c) Effective Date.-- + (1) In general.--The amendments made by this section shall + apply with respect to any individual whose service as a + political appointee terminates on or after the date of the + enactment of this Act. + (2) Definition.--In paragraph (1), the term ``political + appointee'' has the meaning given such term in section + 207(c)(2) of title 18, United States Code (as amended by + subsection (a)(1)), and section 12(b) of the Foreign Agents + Registration Act of 1938 (as added by subsection (b)(1)).","Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department. The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.",Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act, The DRAIN the SWAMP Act aims to restrict lobbying activities of former political appointees by imposing a five-year post-employment ban on serving as a registered lobbyist. It also prohibits former political appointees from serving as an agent of a foreign government. The act applies to individuals who served as political appointees in various positions within the Executive Schedule or Senior Executive Service. The Office of Government Ethics may waive these restrictions if it determines that imposing them would not create undue hardship or potential for undue influence or unfair advantage. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fair And Immediate Release of +Generic Drugs Act'' or the ``FAIR Generics Act''. + +SEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT + STATUS. + + (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- + (1) In general.--Section 505(j)(5)(B) of the Federal Food, + Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- + (A) in clause (iv)(II)-- + (i) by striking item (bb); and + (ii) by redesignating items (cc) and (dd) + as items (bb) and (cc), respectively; and + (B) by adding at the end the following: + ``(v) First Applicant Defined.--As used in this subsection, the +term `first applicant' means an applicant-- + ``(I)(aa) that, on the first day on which a substantially + complete application containing a certification described in + paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, + submits a substantially complete application that contains and + lawfully maintains a certification described in paragraph + (2)(A)(vii)(IV) for the drug; and + ``(bb) that has not entered into a disqualifying agreement + described under clause (vii)(II); or + ``(II)(aa) for the drug that is not described in subclause + (I) and that, with respect to the applicant and drug, each + requirement described in clause (vi) is satisfied; and + ``(bb) that has not entered into a disqualifying agreement + described under clause (vii)(II). + ``(vi) Requirement.--The requirements described in this clause are +the following: + ``(I) The applicant described in clause (v)(II) submitted + and lawfully maintains a certification described in paragraph + (2)(A)(vii)(IV) or a statement described in paragraph + (2)(A)(viii) for each unexpired patent for which a first + applicant described in clause (v)(I) had submitted a + certification described in paragraph (2)(A)(vii)(IV) on the + first day on which a substantially complete application + containing such a certification was submitted. + ``(II) With regard to each such unexpired patent for which + the applicant described in clause (v)(II) submitted a + certification described in paragraph (2)(A)(vii)(IV), no action + for patent infringement was brought against such applicant + within the 45 day period specified in paragraph (5)(B)(iii); or + if an action was brought within such time period, such an + action was withdrawn or dismissed by a court (including a + district court) without a decision that the patent was valid + and infringed; or if an action was brought within such time + period and was not withdrawn or so dismissed, such applicant + has obtained the decision of a court (including a district + court) that the patent is invalid or not infringed (including + any substantive determination that there is no cause of action + for patent infringement or invalidity, and including a + settlement order or consent decree signed and entered by the + court stating that the patent is invalid or not infringed). + ``(III) If an applicant described in clause (v)(I) has + begun commercial marketing of such drug, the applicant + described in clause (v)(II) does not begin commercial marketing + of such drug until the date that is 30 days after the date on + which the applicant described in clause (v)(I) began such + commercial marketing.''. + (2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of + such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking + ``The first applicant'' and inserting ``The first applicant, as + defined in subparagraph (B)(v)(I),''. + (b) Applicability.--The amendments made by subsection (a) shall +apply only with respect to an application filed under section 505(j) of +the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which +the amendments made by section 1102(a) of the Medicare Prescription +Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) +apply. + +SEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO + DEFER COMMERCIAL MARKETING. + + (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- + (1) Limitations on agreements to defer commercial marketing + date.--Section 505(j)(5)(B) of the Federal Food, Drug, and + Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, + is further amended by adding at the end the following: + ``(vii) Agreement by first applicant to defer commercial + marketing; limitation on acceleration of deferred commercial + marketing date.-- + ``(I) Agreement to defer approval or commercial + marketing date.--An agreement described in this + subclause is an agreement between a first applicant and + the holder of the application for the listed drug or an + owner of one or more of the patents as to which any + applicant submitted a certification qualifying such + applicant for the 180-day exclusivity period whereby + that applicant agrees, directly or indirectly, (aa) not + to seek an approval of its application that is made + effective on the earliest possible date under this + subparagraph, subparagraph (F) of this paragraph, + section 505A, or section 527, (bb) not to begin the + commercial marketing of its drug on the earliest + possible date after receiving an approval of its + application that is made effective under this + subparagraph, subparagraph (F) of this paragraph, + section 505A, or section 527, or (cc) to both items + (aa) and (bb). + ``(II) Agreement that disqualifies applicant from + first applicant status.--An agreement described in this + subclause is an agreement between an applicant and the + holder of the application for the listed drug or an + owner of one or more of the patents as to which any + applicant submitted a certification qualifying such + applicant for the 180-day exclusivity period whereby + that applicant agrees, directly or indirectly, not to + seek an approval of its application or not to begin the + commercial marketing of its drug until a date that is + after the expiration of the 180-day exclusivity period + awarded to another applicant with respect to such drug + (without regard to whether such 180-day exclusivity + period is awarded before or after the date of the + agreement). + ``(viii) Limitation on acceleration.--If an agreement + described in clause (vii)(I) includes more than 1 possible date + when an applicant may seek an approval of its application or + begin the commercial marketing of its drug-- + ``(I) the applicant may seek an approval of its + application or begin such commercial marketing on the + date that is the earlier of-- + ``(aa) the latest date set forth in the + agreement on which that applicant can receive + an approval that is made effective under this + subparagraph, subparagraph (F) of this + paragraph, section 505A, or section 527, or + begin the commercial marketing of such drug, + without regard to any other provision of such + agreement pursuant to which the commercial + marketing could begin on an earlier date; or + ``(bb) 180 days after another first + applicant begins commercial marketing of such + drug; and + ``(II) the latest date set forth in the agreement + on which that applicant can receive an approval that is + made effective under this subparagraph, subparagraph + (F) of this paragraph, section 505A, or section 527, or + begin the commercial marketing of such drug, without + regard to any other provision of such agreement + pursuant to which commercial marketing could begin on + an earlier date, shall be the date used to determine + whether an applicant is disqualified from first + applicant status pursuant to clause (vii)(II).''. + (2) Notification of fda.--Section 505(j) of such Act (21 + U.S.C. 355(j)) is amended by adding at the end the following: + ``(11)(A) The holder of an abbreviated application under this +subsection shall submit to the Secretary a notification that includes-- + ``(i)(I) the text of any agreement entered into by such + holder described under paragraph (5)(B)(vii)(I); or + ``(II) if such an agreement has not been reduced to text, a + written detailed description of such agreement that is + sufficient to disclose all the terms and conditions of the + agreement; and + ``(ii) the text, or a written detailed description in the + event of an agreement that has not been reduced to text, of any + other agreements that are contingent upon, provide a contingent + condition for, or are otherwise related to an agreement + described in clause (i). + ``(B) The notification described under subparagraph (A) shall be +submitted not later than 10 business days after execution of the +agreement described in subparagraph (A)(i). Such notification is in +addition to any notification required under section 1112 of the +Medicare Prescription Drug, Improvement, and Modernization Act of 2003. + ``(C) Any information or documentary material filed with the +Secretary pursuant to this paragraph shall be exempt from disclosure +under section 552 of title 5, United States Code, and no such +information or documentary material may be made public, except as may +be relevant to any administrative or judicial action or proceeding. +Nothing in this paragraph is intended to prevent disclosure to either +body of the Congress or to any duly authorized committee or +subcommittee of the Congress.''. + (3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C. + 331(e)) is amended by striking ``505 (i) or (k)'' and inserting + ``505 (i), (j)(11), or (k)''. + (b) Infringement of Patent.--Section 271(e) of title 35, United +States Code, is amended by adding at the end the following: + ``(7) The exclusive remedy under this section for an infringement +of a patent for which the Secretary of Health and Human Services has +published information pursuant to subsection (b)(1) or (c)(2) of +section 505 of the Federal Food, Drug, and Cosmetic Act shall be an +action brought under this subsection within the 45-day period described +in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal +Food, Drug, and Cosmetic Act.''. + (c) Applicability.-- + (1) Limitations on acceleration of deferred commercial + marketing date.--The amendment made by subsection (a)(1) shall + apply only with respect to-- + (A) an application filed under section 505(j) of + the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 355(j)) to which the amendments made by section 1102(a) + of the Medicare Prescription Drug, Improvement, and + Modernization Act of 2003 (Public Law 108-173) apply; + and + (B) an agreement described under section + 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and + Cosmetic Act (as added by subsection (a)(1)) executed + after the date of enactment of this Act. + (2) Notification of fda.--The amendments made by paragraphs + (2) and (3) of subsection (a) shall apply only with respect to + an agreement described under section 505(j)(5)(B)(vii)(I) of + the Federal Food, Drug, and Cosmetic Act (as added by + subsection (a)(1)) executed after the date of enactment of this + Act.","Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise the definition of “first applicant” for purposes of the 180-day exclusivity period given to first applicants to file an abbreviated new drug application (generic drug). Makes applicants for a generic drug eligible for the exclusivity period only if they have not entered into a disqualifying agreement (an agreement between a generic drug applicant and the holder of the application for the listed drug [brand name drug] or the patentholder for the brand name drug whereby the generic drug applicant agrees not to seek approval of its generic drug or not to begin the commercial marketing of its generic drug until the expiration of the exclusivity period awarded to another generic applicant). + +Expands the definition of “first applicant” to include an applicant that meets the following criteria: (1) the applicant is not the first generic applicant; (2) either no action for patent infringement was brought, such action was withdrawn or dismissed by a court without a decision that the patent was valid and infringed, or the court decided that the patent was invalid or not infringed; and (3) the applicant does not begin commercial marketing of such drug until 30 days after the first applicant began such commercial marketing. + +Prohibits a party that enters an agreement to delay seeking approval of its generic drug application or to delay the commercial marketing of a generic drug from seeking approval of its application or beginning commercial marketing before the earlier of: (1) the latest date set forth in the agreement to seek approval or market the drug without regard to any earlier date under the agreement when commercial marketing could begin, or (2) 180 days after another first applicant begins commercial marketing of such drug. + +Requires notice to the Secretary of the Health and Human Services (HHS) of the details of any agreement under this Act not later than ten business days after execution of the agreement. + +Declares that the exclusive remedy for an infringement of a patent included within a new drug application shall be an action brought under the FFDCA within the 45-day period prescribed.","A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure that valid generic drugs may enter the market."," The Fair And Immediate Release of Generic Drugs Act (FAIR Generics Act) aims to amend the Federal Food, Drug, and Cosmetic Act regarding first applicant status and agreements to defer commercial marketing. The Act defines ""first applicant"" as an applicant who submits a substantially complete application containing a certification for a drug and has not entered into a disqualifying agreement. It sets limitations on agreements to defer commercial marketing and requires holders of abbreviated applications to submit notifications to the Secretary. The Act also amends sections related to patent infringement and applies to applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 apply." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Public Health Equity Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) all communities and individuals are entitled to + protection from occupational and other exposure to substances + that are hazardous to the public health; + (2) hazardous substances have had a disproportionate impact + on the public health of poor and ethnic minority communities + and individuals, resulting in exclusion from participation in, + denial of benefits under, and discrimination under, programs + and activities receiving Federal financial assistance; and + (3) each Federal agency has an obligation to ensure that + all federally assisted programs and activities that affect + human health do not directly or through contractual + arrangements use criteria, methods, or practices that cause + discrimination on the ground of race, color, or national + origin. + +SEC. 3. PUBLIC HEALTH EQUITY. + + The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by +adding at the end thereof the following new title: + + ``TITLE XXVII--PUBLIC HEALTH EQUITY + +``SEC. 2701. DEFINITIONS. + + ``As used in this title: + ``(1) Activity; program.--The term `program or activity' + means any operation of-- + ``(A)(i) a department, agency, special purpose + district, or other instrumentality of a State or of a + local government; or + ``(ii) the entity of such State or local government + that distributes such assistance and each such + department or agency (and each other State or local + government entity) to which the assistance is extended, + in the case of assistance to a State or local + government; + ``(B)(i) a college, university, or other + postsecondary institution, or a public system of higher + education; or + ``(ii) a local educational agency (as defined in + section 198(a)(10) of the Elementary and Secondary + Education Act of 1965), system of vocational education, + or other school system; + ``(C)(i) an entire corporation, partnership, or + other private organization, or an entire sole + proprietorship-- + ``(I) if assistance is extended to such + corporation, partnership, private organization, + or sole proprietorship as a whole; or + ``(II) which is principally engaged in the + business of providing education, health care, + housing, social services, or parks and + recreation; or + ``(ii) the entire plant or other comparable, + geographically separate facility to which Federal + financial assistance is extended, in the case of any + other corporation, partnership, private organization, + or sole proprietorship; or + ``(D) any other entity which is established by two + or more of the entities described in subparagraph (A), + (B), or (C); + any part of which is extended Federal financial assistance + relating to a covered substance. + ``(2) Administrator.--The term `Administrator' has the + meaning given the term in section 511(7) of the Education for + Economic Security Act (20 U.S.C. 4020(7)). + ``(3) Covered substance.--The term `covered substance' + means-- + ``(A) any material subject to the requirements + concerning material safety data sheets for chemicals + under the Occupational and Safety and Health Act of + 1970 (29 U.S.C. 651 et seq.); + ``(B) any contaminant identified in title XIV; + ``(C) any substance described in section 201(q) of + the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 321(q)), and any material registered pursuant to the + Act referred to in such section; + ``(D) any chemical listed by the National + Toxicology Program of the Department of Health and + Human Services as a known or probable human carcinogen; + and + ``(E) any substance defined in section 101(14) of + the Comprehensive Environmental Response, Compensation, + and Liability Act of 1980 (42 U.S.C. 9601(14)) and any + chemical subject to section 313 of the Emergency + Planning and Community Right-To-Know Act of 1986 (42 + U.S.C. 11023). + +``SEC. 2702. NONDISCRIMINATION. + + ``(a) Prohibition of Discrimination.--The President shall ensure +that no person shall be excluded from participation in, be denied the +benefits of, or be subject to discrimination under, any program or +activity, on the ground of race, color, or national origin. + ``(b) Promulgation of Regulations.-- + ``(1) Subject.--Subject to paragraph (2), the Secretary of + Labor, the Secretary of Health and Human Services, the + Administrator, and any other head of a Federal agency with + responsibility for providing Federal financial assistance to a + program or activity shall issue regulations implementing the + nondiscrimination requirements described in subsection (a) in + accordance with any applicable law. The regulations shall bar + acts with discriminatory effects as well as intentionally + discriminatory acts. The regulations shall address actions of + programs or activities that result in disproportionate exposure + to a covered substance on the basis of race, color, or national + origin. + ``(2) Timetable.--In issuing regulations under paragraph + (1)-- + ``(A) not later than 180 days after the date of + enactment of this Act, each individual described in + paragraph (1) shall publish a notice of proposed + rulemaking in the Federal Register; + ``(B) each individual described in paragraph (1) + shall provide a public comment period, subject to + section 553 of title 5, United States Code, of 60 days + after the publication of the notice of proposed + rulemaking required under subparagraph (A); and + ``(C) not later than 45 days after the close of the + public comment period required under subparagraph (B), + each individual described in paragraph (1) shall + publish final regulations.''.","Public Health Equity Act - Amends the Public Health Service Act to add a new title, title XXVII: Public Health Equity. Prohibits, under such title, acts with discriminatory effect as well as intentionally discriminatory acts that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. Defines a covered substance to include certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws.",Public Health Equity Act," The Public Health Equity Act aims to protect communities and individuals from exposure to hazardous substances that disproportionately affect poor and ethnic minority communities. It amends the Public Health Service Act to ensure non-discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance. The President is responsible for ensuring that no person is excluded from participation or denied benefits under any program or activity on these grounds. The Secretary of Labor, Health and Human Services, and other relevant federal agency heads must issue regulations to implement non-discrimination requirements, addressing actions that result in disproportionate exposure to hazardous substances based on race, color, or national origin." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Consumer Assurance of Radiologic +Excellence Act of 2003''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress makes the following findings: + (1) More than 300,000,000 medical imaging examinations and + radiation therapy treatments are administered annually in the + United States. + (2) Seven out of every 10 Americans undergo a medical + imaging examination or radiation therapy treatment every year + in the United States. + (3) The administration of medical imaging examinations and + radiation therapy treatments and the effect on individuals of + such procedures have a substantial and direct effect upon + public health and safety and upon interstate commerce. + (4) It is in the interest of public health and safety to + minimize unnecessary or inappropriate exposure to radiation due + to the performance of medical imaging and radiation therapy + procedures by personnel lacking appropriate education and + credentials. + (5) It is in the interest of public health and safety to + have a continuing supply of adequately educated persons and + appropriate accreditation and certification programs + administered by State governments. + (6) Persons who perform or plan medical imaging or + radiation therapy, including those employed at Federal + facilities or reimbursed by Federal health programs, should be + required to demonstrate competence by reason of education, + training, and experience. + (7) The protection of public health and safety from + unnecessary or inappropriate medical imaging and radiation + therapy procedures and the assurance of efficacious procedures + are the responsibilities of both the State and the Federal + Governments. + (8) Facilities that conduct medical imaging or radiation + therapy engage in and affect interstate commerce. Patients + travel regularly across State lines to receive medical imaging + services or radiation therapy. Facilities that conduct medical + imaging or radiation therapy engage technicians, physicians, + and other staff in an interstate market, and purchase medical + and other supplies in an interstate market. + (9) In 1981, Congress enacted the Consumer-Patient + Radiation Health and Safety Act of 1981 (Public Law 97-35) + which established minimum Federal standards for the + accreditation of education programs for persons who perform or + plan medical imaging examinations and radiation therapy + treatments and for the certification of such persons. The Act + also provided the States with a model State law for the + licensing of such persons. + (10) Twenty-two years after the enactment of the Consumer- + Patient Radiation Health and Safety Act of 1981-- + (A) 13 States do not require licensure of any kind + for persons who perform or plan medical imaging + examinations and radiation therapy treatments; + (B) 37 States license, regulate, or register + radiographers; + (C) 28 States license radiation therapists; + (D) 22 States license nuclear medicine + technologists; + (E) 8 States license or require board certification + of medical physicists; and + (F) no States regulate or license medical + dosimetrists. + (b) Purposes.--The purposes of this Act are-- + (1) to ensure the accreditation of education programs for, + and the licensure or certification of, persons who perform, + plan, evaluate, or verify patient dose for medical imaging + examinations and radiation therapy treatments; and + (2) to ensure the safety and accuracy of medical imaging + examinations and radiation therapy treatments. + +SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. + + Part F of title III of the Public Health Service Act (42 U.S.C. 262 +et seq.) is amended by adding at the end the following: + + ``Subpart 4--Medical Imaging and Radiation Therapy + +``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. + + ``(a) In General.--The Secretary shall establish standards to +assure the safety and accuracy of medical imaging or radiation therapy. +Such standards shall include licensure or certification, accreditation, +and other requirements determined by the Secretary to be appropriate. + ``(b) Exemptions.--The standards established under subsection (a) +shall not apply to physicians (as defined in section 1861(r) of the +Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and +physician assistants (as defined in section 1861(aa)(5) of the Social +Security Act (42 U.S.C. 1395x(aa)(5))). + ``(c) Requirements.--Under the standards established under +subsection (a), the Secretary shall ensure that individuals prior to +performing or planning such imaging or therapy-- + ``(1) have successfully completed a national examination + approved by the Secretary under subsection (d) for individuals + who perform or plan medical imaging or radiation therapy; and + ``(2) meet such other requirements relating to medical + imaging or radiation therapy as the Secretary may prescribe. + ``(d) Approved Bodies.-- + ``(1) In general.--The Secretary shall certify private + nonprofit organizations or State agencies as approved bodies + with respect to the accreditation of educational programs or + the administration of examinations to individuals for purposes + of subsection (c)(1) if such organizations or agencies meet the + standards established by the Secretary under paragraph (2) and + provide the assurances required under paragraph (3). + ``(2) Standards.--The Secretary shall establish minimum + standards for the certification of approved bodies under + paragraph (1) (including standards for recordkeeping, the + approval of curricula and instructors, the charging of + reasonable fees for accreditation or for undertaking + examinations), and other additional standards as the Secretary + may require. + ``(3) Assurances.--To be certified as an approved body + under paragraph (1), an organization or agency shall provide + the Secretary satisfactory assurances that the body will-- + ``(A) comply with the standards described in + paragraph (2); + ``(B) notify the Secretary in a timely manner + before the approved body changes the standards of the + body; and + ``(C) provide such other information as the + Secretary may require. + ``(4) Withdrawal of approval.-- + ``(A) In general.--The Secretary may withdraw the + certification of an approved body if the Secretary + determines the body does not meet the standards under + paragraph (2). + ``(B) Effect of withdrawal.--If the Secretary + withdraws the certification of an approved body under + subparagraph (A), the accreditation of an individual or + the completion of an examination administered by such + body shall continue in effect until the expiration of a + reasonable period, as determined by the Secretary, for + such individual to obtain another accreditation or to + complete another examination. + ``(e) Existing State Standards.--Standards for the licensure or +certification of personnel, accreditation of educational programs, or +administration of examinations, established by a State prior to the +effective date of the standards promulgated under this section, shall +be deemed to be in compliance with the requirements of this section +unless the Secretary determines that such State standards do not meet +the minimum standards prescribed by the Secretary or are inconsistent +with the purposes of this section. + ``(f) Evaluation and Report.--The Secretary shall periodically +evaluate the performance of each approved body under subsection (d) at +an interval determined appropriate by the Secretary. The results of +such evaluations shall be included as part of the report submitted to +the Committee on Health, Education, Labor, and Pensions of the Senate +and the Committee on Energy and Commerce of the House of +Representatives in accordance with 354(e)(6)(B). + ``(g) Delivery of and Payment for Services.--Not later than 18 +months after the date of enactment of this section, the Secretary shall +promulgate regulations to ensure that all programs that involve the +performance of or payment for medical imaging or radiation therapy, +that are under the authority of the Secretary, are performed in +accordance with the standards established under this section. + ``(h) Alternative Standards for Rural Areas.--The Secretary shall +determine whether the standards developed under subsection (a) must be +met in their entirety with respect to payment for medical imaging or +radiation therapy that is performed in a geographic area that is +determined by the Medicare Geographic Classification Review Board to be +a `rural area'. If the Secretary determines that alternative standards +for such rural areas are appropriate to assure access to quality +medical imaging, the Secretary is authorized to develop such +alternative standards. Alternative standards developed under this +subsection shall apply in rural areas to the same extent and in the +same manner as standards developed under subsection (a) apply in other +areas. + ``(i) Regulations.--Not later than 18 months after the date of +enactment of this section, the Secretary shall promulgate such +regulations as may be necessary to implement this section. + ``(j) Definitions.--In this section: + ``(1) Approved body.--The term `approved body' means a + nonprofit organization or State agency that has been certified + by the Secretary under subsection (d)(1) to accredit or + administer examinations to individuals who perform or plan + medical imaging or radiation therapy. + ``(2) Medical imaging.--The term `medical imaging' means + any procedure or article, excluding medical ultrasound + procedures, intended for use in the diagnosis or treatment of + disease or other medical or chiropractic conditions in humans, + including diagnostic X-rays, nuclear medicine, and magnetic + resonance procedures. + ``(3) Perform.--The term `perform', with respect to medical + imaging or radiation therapy, means-- + ``(A) the act of directly exposing a patient to + radiation via ionizing or radio frequency radiation or + to a magnetic field for purposes of medical imaging or + for purposes of radiation therapy; and + ``(B) the act of positioning a patient to receive + such an exposure. + ``(4) Plan.--The term `plan' with respect to medical + imaging or radiation therapy, means the act of preparing for + the performance of such a procedure to a patient by evaluating + site-specific information, based on measurement and + verification of radiation dose distribution, computer analysis, + or direct measurement of dose, in order to customize the + procedure for the patient. + ``(5) Radiation therapy.--The term `radiation therapy', + means any procedure or article intended for use in the cure, + mitigation, treatment, or prevention of disease in humans that + achieves its intended purpose through the emission of + radiation.''.","Consumer Assurance of Radiologic Excellence Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of medical imaging or radiation therapy. States that such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary.Exempts the standards from applying to physicians, nurse practitioners, and physician assistants.Requires individuals prior to performing or preparing such imaging or therapy to have successfully completed a national exam approved by the Secretary.Directs the Secretary to certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations if such organizations or agencies meet certain standards and give certain assurances. Allows the Secretary to withdraw approval from an approved body.Permits the Secretary to develop alternative standards for rural areas if such action is needed to assure access to quality medical imaging.",A bill to amend the Public Health Service Act to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments.," The Consumer Assurance of Radiologic Excellence Act of 2003 aims to ensure the accreditation of education programs for, and the licensure or certification of, persons who perform, plan, evaluate, or verify patient dose for medical imaging examinations and radiation therapy treatments. The Act seeks to establish standards to assure the safety and accuracy of medical imaging or radiation therapy, exempting physicians, nurse practitioners, and physician assistants from these standards. The Secretary of Health and Human Services is responsible for establishing these standards, which may include licensure or certification, accreditation, and other appropriate requirements. The Act also outlines provisions for approved bodies, alternative standards for rural areas, and regulations for program implementation." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Homeland Security Professional +Development Act of 2006''. + +SEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE + DEPARTMENT OF HOMELAND SECURITY. + + (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 +U.S.C. 361 et seq.) is amended by inserting after section 843 the +following: + +``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM. + + ``(a) Establishment.-- + ``(1) In general.--Not later than 180 days after the date + of enactment of this section, the Secretary shall establish the + Homeland Security Mentoring Program (in this section referred + to as the `Mentoring Program') for employees of the Department. + The Mentoring Program shall use applicable best practices, + including those from the Chief Human Capital Officers Council. + ``(2) Goals.--The Mentoring Program established by the + Secretary-- + ``(A) shall be established in accordance with the + Department Human Capital Strategic Plan; + ``(B) shall incorporate Department human capital + strategic plans and activities, and address critical + human capital deficiencies, recruitment and retention + efforts, and succession planning within the Federal + workforce of the Department; + ``(C) shall enable employees within the Department + to share expertise, values, skills, resources, + perspectives, attitudes and proficiencies to develop + and foster a cadre of qualified employees and future + leaders; + ``(D) shall incorporate clear learning goals, + objectives, meeting schedules, and feedback processes + that will help employees, managers, and executives + enhance skills and knowledge of the Department while + reaching professional and personal goals; + ``(E) shall enhance professional relationships, + contacts, and networking opportunities among the + employees of the Department; + ``(F) shall complement and incorporate (but not + replace) mentoring and training programs within the + Department in effect on the date of enactment of this + section; and + ``(G) may promote cross-disciplinary mentoring and + training opportunities that include provisions for + intradepartmental rotational opportunities, in + accordance with human capital goals and plans that + foster a more diversified and effective Federal + workforce of the Department. + ``(3) Training leaders council.-- + ``(A) Establishment.--The Training Leaders Council + established by the Chief Human Capital Officer shall + administer the Mentoring Program. + ``(B) Responsibilities.--The Training Leaders + Council shall-- + ``(i) provide oversight of the + establishment and implementation of the + Mentoring Program; + ``(ii) establish a framework that supports + the goals of the Mentoring Program and promotes + cross-disciplinary mentoring and training; + ``(iii) identify potential candidates to be + mentors or mentees and select candidates for + admission into the Mentoring Program; + ``(iv) formalize mentoring assignments + within the Department; + ``(v) formulate individual development + plans that reflect the needs of the Department, + the mentor, and the mentee; + ``(vi) coordinate with mentoring programs + in the Department in effect on the date of + enactment of this section; and + ``(vii) establish target enrollment numbers + for the size and scope of the Mentoring + Program, under the human capital goals and + plans of the Department. + ``(4) Selection of participants for mentoring program.-- + ``(A) In general.--The Mentoring Program shall + consist of middle and senior level employees of the + Department with significant experience who shall serve + as mentors for junior and entry level employees and + employees who are critical to Department succession + plans and programs. + ``(B) Selection of mentors.--Mentors shall be + employees who-- + ``(i) understand the organization and + culture of the Department; + ``(ii) understand the aims of mentoring in + Federal public service; + ``(iii) are available and willing to spend + time with the mentee, giving appropriate + guidance and feedback; + ``(iv) enjoy helping others and are open- + minded, flexible, empathetic, and encouraging; + and + ``(v) have very good communications skills, + and stimulate the thinking and reflection of + mentees. + ``(C) Selection of mentees.--Mentees shall be + motivated employees who possess potential for future + leadership and management roles within the Department. + ``(5) Roles and responsibilities of participants in the + mentoring program.-- + ``(A) Mentors.-- + ``(i) Role.--A mentor shall serve as a + model, motivator, and counselor to a mentee. + ``(ii) Limitation.--Any person who is the + immediate supervisor of an employee and + evaluates the performance of that employee may + not be a mentor to that employee under the + Mentor Program. + ``(iii) Responsibilities.--The + responsibilities of a mentor may include-- + ``(I) helping the mentee set short- + term learning objectives and long-term + career goals; + ``(II) helping the mentee + understand the organizational culture + of the Department; + ``(III) recommending or creating + learning opportunities; + ``(IV) providing informal education + and training in areas such as + communication, critical thinking, + responsibility, flexibility, and + teamwork; and + ``(V) pointing out the strengths + and areas for development of the + mentee. + ``(B) Mentees.--The responsibilities of the mentee + may include-- + ``(i) defining short-term learning + objectives and long-term career goals; + ``(ii) participating in learning + opportunities to broaden knowledge of the + Department; and + ``(iii) participating in professional + opportunities to improve a particular career + area, develop an area of technical expertise, + grow professionally, and expand leadership + abilities. + ``(6) Reporting.--Not later than 180 days after the date of + the establishment of the Mentoring Program, the Secretary shall + submit a report on the status of the Mentoring Program and + enrollment, including the number of mentors and mentees in each + component of the Department and how the Mentoring Program is + being used in succession planning and leadership development + to-- + ``(A) the Committee on Homeland Security and + Governmental Affairs of the Senate; + ``(B) the Committee on Homeland Security of the + House of Representatives; and + ``(C) the Committee on Government Reform of the + House of Representatives. + +``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM. + + ``(a) Establishment.-- + ``(1) In general.--Not later than 180 days after the date + of enactment of this section, the Secretary shall establish the + Homeland Security Rotation Program (in this section referred to + as the `Rotation Program') for employees of the Department. The + Rotation Program shall use applicable best practices, including + those from the Chief Human Capital Officers Council. + ``(2) Goals.--The Rotation Program established by the + Secretary shall-- + ``(A) be established in accordance with the + Department Human Capital Strategic Plan; + ``(B) provide middle level employees in the + Department the opportunity to broaden their knowledge + through exposure to other components of the Department; + ``(C) expand the knowledge base of the Department + by providing for rotational assignments of employees to + other components; + ``(D) build professional relationships and contacts + among the employees in the Department; + ``(E) invigorate the workforce with exciting and + professionally rewarding opportunities; + ``(F) incorporate Department human capital + strategic plans and activities, and address critical + human capital deficiencies, recruitment and retention + efforts, and succession planning within the Federal + workforce of the Department; and + ``(G) complement and incorporate (but not replace) + rotational programs within the Department in effect on + the date of enactment of this section. + ``(3) Training leaders council.-- + ``(A) In general.--The Training Leaders Council + established by the Chief Human Capital Officer shall + administer the Rotation Program. + ``(B) Responsibilities.--The Training Leaders + Council shall-- + ``(i) provide oversight of the + establishment and implementation of the + Rotation Program; + ``(ii) establish a framework that supports + the goals of the Rotation Program and promotes + cross-disciplinary rotational opportunities; + ``(iii) establish eligibility for employees + to participate in the Rotation Program and + select participants from employees who apply; + ``(iv) establish incentives for employees + to participate in the Rotation Program, + including promotions and employment + preferences; + ``(v) ensure that the Rotation Program + provides professional education and training; + ``(vi) ensure that the Rotation Program + develops qualified employees and future leaders + with broad-based experience throughout the + Department; + ``(vii) provide for greater interaction + among employees in components of the + Department; and + ``(viii) coordinate with rotational + programs within the Department in effect on the + date of enactment of this section. + ``(4) Allowances, privileges, and benefits.--All + allowances, privileges, rights, seniority, and other benefits + of employees participating in the Rotation Program shall be + preserved. + ``(5) Reporting.--Not later than 180 days after the date of + the establishment of the Rotation Program, the Secretary shall + submit a report on the status of the Rotation Program, + including a description of the Rotation Program, the number of + employees participating, and how the Rotation Program is used + in succession planning and leadership development to-- + ``(A) the Committee on Homeland Security and + Governmental Affairs of the Senate; + ``(B) the Committee on Homeland Security of the + House of Representatives; and + ``(C) the Committee on Government Reform of the + House of Representatives.''. + (b) Technical and Conforming Amendment.--Section 1(b) of the +Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting +after the item relating to section 843 the following: + +``Sec. 844. Homeland Security Mentoring Program. +``Sec. 845. Homeland Security Rotation Program.''. + +SEC. 3. REPORTS TO CONGRESS. + + (a) In General.--Chapter 41 of title 5, United States Code is +amended by adding at the end the following: + +``SEC. 4122. REPORTS TO CONGRESS. + + ``The Director of the Office of Personnel Management shall report +annually to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Government Reform of the House of +Representatives on the training, mentoring, and succession plans and +programs of Federal agencies, including the number of participants, the +structure of the programs, and how participants are used for leadership +development and succession planning programs.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 41 of title 5, United States Code, is amended by inserting +after the item relating to section 4121 the following: + +``4122. Reports to Congress.''. + +SEC. 4. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as necessary to +carry out this Act.","Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities; and (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan; and (2) administered by the Training Leaders Council (established by the Chief Human Capital Officer). + +Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies.",to amend the Homeland Security Act of 2002 to establish employee professional development programs at the Department of Homeland Security.," The Homeland Security Professional Development Act of 2006 aims to establish professional development programs at the Department of Homeland Security (DHS). It includes the establishment of the Homeland Security Mentoring Program (Mentoring Program) and the Homeland Security Rotation Program (Rotation Program). Both programs are designed to enhance professional relationships, training opportunities, and employee development within DHS. The Mentoring Program focuses on sharing expertise and fostering qualified employees and future leaders, while the Rotation Program provides middle level employees with opportunities to broaden their knowledge through exposure to different components of DHS. Both programs are administered by the Training Leaders Council established by the Chief Human Capital Officer. The Act also requires annual reports to Congress on training, mentoring, and succession plans and programs of federal agencies." +"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, The HMO Guaranty Act of 2000 establishes the Federal HMO Guaranty Fund to provide financial support for health maintenance organizations (HMOs) that become insolvent. The Guaranty Fund is administered by a Board of Directors composed of nine individuals appointed by various stakeholders. The Fund is used to make payments to states to cover outstanding health care provider claims for uncovered expenditures and to provide temporary continuation of health care coverage for covered individuals. States can use Fund amounts to provide continuation coverage through an appropriate HMO or health care coverage determined by state officials in collaboration with the Board. The Fund is replenished through assessments on licensed HMOs and civil penalties for non-payment. The Act does not preempt or supersede any state laws related to HMOs. +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Global Autism Assistance Act of +2008''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) In February 2007, the Centers for Disease Control and + Prevention released data indicating that-- + (A) the occurrence of autism spectrum disorders + (ASD) increased between 1996 and 2006 from an estimated + 1 in 500 to an estimated 1 in 150; and + (B) the behaviors of children who were classified + as suffering from ASD were consistent with the DSM-IV- + TR criteria for Autistic Disorder, Asperger's Disorder, + and Pervasive Developmental Disorder--Not Otherwise + Specified. + (2) Autism is a complex neurological disorder that affects + individuals in the areas of social interaction and + communication. Because autism is a spectrum disorder, it + affects each individual differently and to varying degrees of + severity. + (3) People afflicted with autism process and respond to + information in unique ways. In some cases, coexisting medical + issues may be present and aggressive or self-injurious behavior + may occur. + (4) The increased number of children diagnosed with autism + is a growing and urgent concern for families, healthcare + professionals, and educators. Health and education systems + struggle to respond to the needs of the autistic population in + a comprehensive manner. + (5) The prevalence of autism in developing countries is + growing rapidly. Health and education systems in these + countries are particularly ill-equipped to deal with the issues + surrounding this growth. According to expert estimates, there + are approximately 2,500,000 people with an autism spectrum + disorder in China and approximately 2,000,000 with such + disorder in India. Although reliable statistics are difficult + to come by, a large number of these people are believed to be + children. + (6) Children with autism who receive intensive and + appropriate educational services before 5 years of age often + make significant functional improvements. In the United States, + significant efforts are being pursued to expand early diagnosis + and the provision of these services. + (7) In a November 2007 report on the identification, + evaluation, and management of children with autism, the + American Academy of Pediatrics recommended that all children + should be screened twice for autism before 2 years of age, even + if the children have no recognizable symptoms. + (8) Early screening and services for autism are sorely + lacking in most of the developing world. United States + expertise could be used to significantly aid children and + families in developing countries for relatively small costs. + +SEC. 3. AUTISM DEFINED. + + In this Act, the term ``autism'' means all conditions consistent +with the autism spectrum disorders described in section 2(1). + +SEC. 4. GLOBAL AUTISM ASSISTANCE PROGRAM. + + (a) Establishment and Purpose.--The Administrator, United States +Agency for International Development (referred to in this section as +the ``Administrator'') shall establish and administer a health and +education grant program, to be known as the ``Global Autism Assistance +Program'', to-- + (1) support activities described in subsection (c)(2) by + nongovernmental organizations and other service providers, + including advocacy groups, focused on treating autism in + developing countries; and + (2) establish the ``teach the teachers'' program described + in subsection (d) to train health and education professionals + working with children with autism in developing countries. + (b) Designation of Eligible Regions.--Not later than 120 days after +the date of the enactment of this Act, the Administrator, in +consultation with knowledgeable autism organizations, such as the World +Autism Organization, the Autism Society of America, and Autism Speaks, +shall designate not fewer than 2 regions in developing countries that +the Administrator determines-- + (1) require assistance in dealing with autism; and + (2) have health and education professionals who are + sufficiently familiar with issues related to autism to make + effective use of the Global Autism Assistance Program. + (c) Selection of Implementing Nongovernmental Organization.-- + (1) In general.--Not later than 180 days after the + designation of eligible regions under subsection (b), the + Administrator shall select and provide funding to a + nongovernmental organization with experience in autism-related + issues to implement the Global Autism Assistance Program by + awarding grants to local service providers and advocacy groups + focused on autism. + (2) Support and assistance.--The implementing + nongovernmental organization selected under paragraph (1) shall + provide, contract for, and coordinate technical assistance in + support of its mission in meeting the goals and purposes of + this Act. + (3) Activities.--A local service provider or advocacy group + shall use grant funds received under paragraph (1) to carry out + any of the following activities: + (A) Education and outreach to the public.--Use + public service announcements and other public media to + help the public become more aware of the signs of + autism so that children with autism can be diagnosed + and treated earlier. + (B) Support to families.--Develop resources for + families, such as online Internet resource centers in + local languages. Disseminate materials to parents of + newly diagnosed children, such as information contained + in the Centers for Disease Control and Prevention's + publication entitled ``Learn the Signs, Act Early'' and + other suitable alternatives. Disseminate educational + aids and guides to help parents with their children's + development. + (C) Support to educational institutions.--Provide + funding for schools or other educational institutions, + focusing on teachers of the youngest students. + Distribute equipment or materials referred to in + subparagraph (B). + (D) Support to clinics and medical centers.-- + Provide funding to clinics and medical centers with + proven records in addressing autism to assist with + operating expenses, including personnel, equipment + supplies, and facilities. Develop assessment testing + for autism. Acquire specialized equipment, such as + augmentative communication devices. + (E) Translation.--Translate relevant English- + language publications into the local languages spoken + in the eligible regions designated pursuant to + subsection (b). + (4) Applications for grants.-- + (A) Submission of applications.--A local service + provider or advocacy group desiring a grant under this + subsection shall submit an application to the + implementing nongovernmental organization at such time, + in such manner, and containing such information as such + organization may require. + (B) Establishment of screening board.-- + (i) In general.--The implementing + nongovernmental organization selected under + paragraph (1) shall establish a screening + board, to be known as the ``Project Advisory + Board'', to review and evaluate applications + from local service providers or advocacy groups + submitted under subparagraph (A). + (ii) Membership.-- + (I) Appointment of voting + members.--The implementing + nongovernmental organization, in + consultation with the Administrator, + shall appoint at least 7 voting members + of the Project Advisory Board who are + members of autism advocacy groups, + professionals working with autism, or + otherwise associated with the autism + community, including-- + (aa) at least 2 parents + from different families of + individuals with autism; + (bb) at least 1 medical + professional working with + autism; + (cc) at least 1 teacher of + individuals with autism; and + (dd) at least 1 individual + who has autism. + (II) Terms.--Each member appointed + under subclause (I)-- + (aa) shall serve for a term + of 1 year; + (bb) may serve up to 3 + consecutive terms; and + (cc) may continue to serve + after the expiration of the + term of such member until such + time as a successor is + appointed. + (III) Selection criteria.--In + appointing members to the Project + Advisory Board under subclause (I), the + implementing nongovernmental + organization shall attempt to-- + (aa) ensure objectivity and + balance; + (bb) reduce the potential + for conflicts of interest; and + (cc) include individuals + with experience working in the + developing world. + (IV) Appointment of non-voting + members.--The Administrator shall + appoint as many non-voting members to + the Project Advisory Board as the + Administrator determines appropriate. + (d) Teach the Teachers.-- + (1) In general.--The implementing nongovernmental + organization, acting on behalf of the Administrator and in + consultation with the Project Advisory Board, shall establish a + program, to be known as the ``Teach the Teachers Program'', + to-- + (A) identify health and education professionals to + receive specialized training for teaching and working + with youth with autism, including training conducted in + 2- or 3-day workshops at locations within 1 of the 2 + regions designated pursuant to subsection (b); and + (B) conduct training through 2- or 3-day biomedical + conferences in the 2 regions designated pursuant to + subsection (b), including-- + (i) bringing medical and psychological + specialists from the United States to train and + educate parents and health professionals who + deal with autism; + (ii) training related to biomedical + interventions that can affect autism; + (iii) training on how nutrition and various + metabolic issues can impact behavior; + (iv) training on the role of applied + behavioral analysis; and + (v) various occupational and speech + therapies in fighting autism. + (e) Authorization of Appropriations.--There are authorized to be +appropriated to the Administrator to carry out this section-- + (1) $3,000,000 for fiscal year 2009; + (2) $3,000,000 for fiscal year 2010; and + (3) $4,000,000 for fiscal year 2011.","Global Autism Assistance Act of 2008 - Directs the Administrator for the United States Agency for International Development (USAID) to establish and administer a health and education grant program (Global Autism Assistance Program) to: (1) support activities by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries; and (2) establish a ""teach the teachers"" program to train health and education professionals working with autistic children in developing countries.","A bill to establish a health and education grant program related to autism spectrum disorders, and for other purposes."," The Global Autism Assistance Act of 2008 aims to establish and administer a health and education grant program called the Global Autism Assistance Program to support activities focused on treating autism in developing countries. This program will designate at least two regions in developing countries that require assistance in dealing with autism and have health and education professionals familiar with autism issues. A non-governmental organization with experience in autism-related issues will be selected to implement the program by awarding grants to local service providers and advocacy groups focused on autism. The program will support activities such as education and outreach, support to families, support to educational institutions, support to clinics and medical centers, and translation of relevant publications into local languages. Additionally, the program will establish the ""Teach the Teachers"" program to train health and education professionals working with children with autism in developing countries." +"SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION + OVER ENERGY TRADING MARKETS AND METALS TRADING MARKETS. + + (a) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7 +U.S.C. 2(a)(8)) is amended by adding at the end the following: + ``(C) FERC liaison.--The Commission shall, in + cooperation with the Federal Energy Regulatory + Commission, maintain a liaison between the Commission + and the Federal Energy Regulatory Commission.''. + (b) Exempt Transactions.--Section 2 of the Commodity Exchange Act +(7 U.S.C. 2) is amended-- + (1) in subsection (h), by adding at the end the following: + ``(7) Applicability.--This subsection does not apply to an + agreement, contract, or transaction in an exempt energy + commodity or an exempt metal commodity described in section + 2(j)(1).''; and + (2) by adding at the end the following: + ``(j) Exempt Transactions.-- + ``(1) Transactions in exempt energy commodities and exempt + metals commodities.--An agreement, contract, or transaction + (including a transaction described in section 2(g)) in an + exempt energy commodity or exempt metal commodity shall be + subject to-- + ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; + ``(B) subsections (c) and (d) of section 6 and + sections 6c, 6d, and 8a, to the extent that those + provisions-- + ``(i) provide for the enforcement of the + requirements specified in this subsection; and + ``(ii) prohibit the manipulation of the + market price of any commodity in interstate + commerce or for future delivery on or subject + to the rules of any contract market; + ``(C) sections 6c, 6d, 8a, and 9(a)(2), to the + extent that those provisions prohibit the manipulation + of the market price of any commodity in interstate + commerce or for future delivery on or subject to the + rules of any contract market; + ``(D) section 12(e)(2); and + ``(E) section 22(a)(4). + ``(2) Bilateral dealer markets.-- + ``(A) In general.--Except as provided in paragraph + (6), a person or group of persons that constitutes, + maintains, administers, or provides a physical or + electronic facility or system in which a person has the + ability to offer, execute, trade, or confirm the + execution of an agreement, contract, or transaction + (including a transaction described in section 2(g)) + (other than an agreement, contract, or transaction in + an excluded commodity) by making or accepting the bids + and offers of 1 or more participants on the facility or + system (including facilities or systems described in + clauses (i) and (iii) of section 1a(33)(B)), the person + or group of persons, and the facility or system + (referred to in this subsection as a `bilateral dealer + market') may offer to enter into, enter into, or + confirm the execution of any agreement, contract, or + transaction under paragraph (1) (other than an + agreement, contract, or transaction in an excluded + commodity) if the bilateral dealer market meets the + requirement of subparagraph (B). + ``(B) Requirement.--The requirement of this + subparagraph is that a bilateral dealer market shall-- + ``(i) provide notice to the Commission in + such form as the Commission may specify by rule + or regulation; + ``(ii) file with the Commission any reports + (including large trader position reports) that + the Commission requires by rule or regulation; + ``(iii)(I) consistent with section 4i, + maintain books and records relating to each + transaction in such form as the Commission may + specify for a period of 5 years after the date + of the transaction; and + ``(II) make those books and records + available to representatives of the Commission + and the Department of Justice for inspection + for a period of 5 years after the date of each + transaction; and + ``(iv) make available to the public on a + daily basis such information as total volume by + commodity, settlement price, open interest, + opening and closing ranges, and any other + information that the Commission determines to + be appropriate for public disclosure, except + that the Commission may not-- + ``(I) require the real time + publication of proprietary information; + or + ``(II) prohibit the commercial sale + of real time proprietary information. + ``(3) Reporting requirements.--On request of the + Commission, an eligible contract participant that trades on a + bilateral dealer market shall provide to the Commission, within + the time period specified in the request and in such form and + manner as the Commission may specify, any information relating + to the transactions of the eligible contract participant on the + bilateral dealer market within 5 years after the date of any + transaction that the Commission determines to be appropriate. + ``(4) Capital requirements.-- + ``(A) In general.--Except as provided in + subparagraph (B), a bilateral dealer market shall adopt + a value-at-risk model approved by the Commission. + ``(B) Capital commensurate with risk.--If there is + an interaction of multiple bids and multiple offers on + the bilateral dealer market in a predetermined, + nondiscretionary automated trade matching and trade + execution algorithm or bids and offers and acceptances + of bids and offers made on the bilateral dealer market + are binding, a bilateral dealer market shall maintain + sufficient capital commensurate with the risk + associated with transactions on the bilateral dealer + market, as determined by the Commission. + ``(5) Transactions exempted by commission action.--Any + agreement, contract, or transaction on a bilateral dealer + market (other than an agreement, contract, or transaction in an + excluded commodity) that would otherwise be exempted by the + Commission under section 4(c) shall be subject to-- + ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; and + ``(B) subsections (c) and (d) of section 6 and + sections 6c, 6d, 8a, and 9(a)(2), to the extent that + those provisions prohibit the manipulation of the + market price of any commodity in interstate commerce or + for future delivery on or subject to the rules of any + contract market. + ``(6) No effect on other ferc authority.--This subsection + does not affect the authority of the Federal Energy Regulatory + Commission to regulate transactions under the Federal Power Act + (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C 717 + et seq.). + ``(7) Applicability.--This subsection does not apply to-- + ``(A) a designated contract market regulated under + section 5; or + ``(B) a registered derivatives transaction + execution facility regulated under section 5a.''. + (c) Contracts Designed to Defraud or Mislead.--Section 4b of the +Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection +(a) and inserting the following: + ``(a) Prohibition.--It shall be unlawful for any member of a +registered entity, or for any correspondent, agent, or employee of any +member, in or in connection with any order to make, or the making of, +any contract of sale of any commodity in interstate commerce, made, or +to be made on or subject to the rules of any registered entity, or for +any person, in or in connection with any order to make, or the making +of, any agreement, transaction, or contract in a commodity subject to +this Act-- + ``(1) to cheat or defraud or attempt to cheat or defraud + any person; + ``(2) willfully to make or cause to be made to any person + any false report or statement, or willfully to enter or cause + to be entered any false record; + ``(3) willfully to deceive or attempt to deceive any person + by any means; or + ``(4) to bucket the order, or to fill the order by offset + against the order of any person, or willfully, knowingly, and + without the prior consent of any person to become the buyer in + respect to any selling order of any person, or to become the + seller in respect to any buying order of any person.'' + (d) Conforming Amendments.--The Commodity Exchange Act is amended-- + (1) in section 2 (7 U.S.C. 2)-- + (A) in subsection (h)-- + (i) in paragraph (1), by striking + ``paragraph (2)'' and inserting ``paragraphs + (2) and (7)''; and + (ii) in paragraph (3), by striking + ``paragraph (4)'' and inserting ``paragraphs + (4) and (7)''; and + (B) in subsection (i)(1)(A), by striking ``section + 2(h) or 4(c)'' and inserting ``subsection (h) or (j) or + section 4(c)''; + (2) in section 4i (7 U.S.C. 6i)-- + (A) by striking ``any contract market or'' and + inserting ``any contract market,''; and + (B) by inserting ``, or pursuant to an exemption + under section 4(c)'' after ``transaction execution + facility''; + (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking + ``section 2(h)'' and inserting ``subsection (h) or (j) of + section 2''; + (4) in section 5b (7 U.S.C. 7a-1)-- + (A) in subsection (a)(1), by striking ``2(h) or'' + and inserting ``2(h), 2(j), or''; and + (B) in subsection (b), by striking ``2(h) or'' and + inserting ``2(h), 2(j), or''; and + (5) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by + striking ``section 2(h) or 4(c)'' and inserting ``subsection + (h) or (j) of section 2 or section 4(c)''. + +SEC. 2. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER + ENERGY TRADING MARKETS. + + Section 402 of the Department of Energy Organization Act (42 U.S.C. +7172) is amended by adding at the end the following: + ``(i) Jurisdiction Over Derivatives Transactions.-- + ``(1) In general.--To the extent that the Commission + determines that any contract that comes before the Commission + is not under the jurisdiction of the Commission, the Commission + shall refer the contract to the appropriate Federal agency. + ``(2) Meetings.--A designee of the Commission shall meet + quarterly with a designee of the Commodity Futures Trading + Commission, the Securities Exchange Commission, the Federal + Trade Commission, and the Federal Reserve Board to discuss-- + ``(A) conditions and events in energy trading + markets; and + ``(B) any changes in Federal law (including + regulations) that may be appropriate to regulate energy + trading markets. + ``(3) Liaison.--The Commission shall, in cooperation with + the Commodity Futures Trading Commission, maintain a liaison + between the Commission and the Commodity Futures Trading + Commission.''.","Amends the Commodity Exchange Act to instruct the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to maintain a liaison with one another.Places transactions in certain energy or metal commodities within the regulatory and enforcement framework governing futures trading and foreign transactions (including a proscription against market price manipulation of any commodity in either interstate commerce or on the contract market for future delivery).Places electronic trading facilities (bilateral dealer markets) under the regulatory oversight of the CFTC, including filing, recordkeeping, reporting and capital requirements.Prohibits contracts designed to defraud or mislead.Amends the Department of Energy Organization Act to mandate that the following agencies hold quarterly meetings to discuss conditions in energy trading markets and any changes in Federal law needed to regulate them: FERC, CFTC, the Securities Exchange Commission, the Federal Trade Commission and the Federal Reserve Board.","A bill to provide regulatory oversight over energy trading markets and metals trading markets, and for other purposes."," This text discusses amendments to the Commodity Exchange Act and the Department of Energy Organization Act to clarify jurisdiction over energy trading markets and metal trading markets. The amendments include provisions for liaison between the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC), exemptions for certain transactions, and regulations for bilateral dealer markets. Additionally, the text addresses contract fraud and misleading practices in commodity trading." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``International Remittance Services +Enhancement and Protection Act of 2003''. + +SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT. + + Paragraph (12) of section 107 of the Federal Credit Union Act (12 +U.S.C. 1757(12)) is amended to read as follows: + ``(12) in accordance with regulations prescribed by the + Board-- + ``(A) to sell or provide for a fee negotiable + checks (including travelers checks), money orders, + international money transfer services, and other + similar money transfer instruments and services; and + ``(B) to cash checks and money orders;''. + +SEC. 3. DISCLOSURES REQUIRED. + + (a) Regulations.--Subject to paragraph (2), the appropriate Federal +agencies shall jointly prescribe regulations that require any financial +institution or money transmitting business which initiates an +international money transfer on behalf of a consumer (whether or not +the consumer maintains an account at such institution or business) to +provide the following disclosures to the consumer before the +consummation of the transaction: + (1) Any fees to be charged to the recipient, including any + exchange rate or currency conversion fees. + (2) A final itemization of all costs to the consumer, which + would include all fees charged, for the remittance. + (3) The exact amount of foreign currency to be received by + the recipient in the foreign country. + (b) Language Requirement.--The disclosures required under +subsection (a) shall be in English and in any other language used by +the financial institution or money transmitting business, or any of its +agents, to advertise, solicit, or negotiate, either orally or in +writing, at the office of the institution or business at which the +international money transfer is initiated. + (c) Definitions.--For purposes of this section, the following +definitions shall apply: + (1) Appropriate federal agency.--The term ``appropriate + Federal agency'' means-- + (A) the appropriate Federal banking agency, in the + case of any insured depository institution; + (B) the National Credit Union Administration, in + the case of any insured credit union; and + (C) the Federal Trade Commission, in the case of + any financial institution or money transmitting + business that is not an insured depository institution + or insured credit union. + (2) Appropriate federal banking agency.--The term + ``appropriate Federal banking agency'' has the same meaning as + in section 3 of the Federal Deposit Insurance Act; + (3) Insured credit union.--The term ``insured credit + union'' has the same meaning as in section 101 of the Federal + Credit Union Act; + (4) Insured depository institution.--The term ``insured + depository institution'' has the same meaning as in section 3 + of the Federal Deposit Insurance Act; + (5) International money transfer.--The term ``international + money transfer'' means any money transmitting service + originating in the United States and involving an international + transaction which is provided by a financial institution or a + money transmitting business. + (6) Money transmitting service.--The term ``money + transmitting service'' has the same meaning as in section + 5330(d)(2) of title 31, United States Code. + (7) Money transmitting business.--The term ``money + transmitting business'' means any business which-- + (A) provides check cashing, currency exchange, or + money transmitting or remittance services, or issues or + redeems money orders, travelers' checks, and other + similar instruments; and + (B) is not a depository institution (as defined in + section 5313(g) of title 31, United States Code). + (d) Administrative Enforcement.-- + (1) Depository institutions.-- + (A) In general.--Compliance with the requirements + imposed under this section shall be enforced under-- + (i) section 8 of the Federal Deposit + Insurance Act, in the case of an insured + depository institution, by the appropriate + Federal banking agency; and + (ii) the Federal Credit Union Act, in the + case of any insured credit union (as defined in + section 101 of the Federal Credit Union Act), + by the National Credit Union Administration. + (B) Applicability of other laws.-- + (i) Violations of this section.--For the + purpose of the exercise by any agency referred + to in subparagraph (A) of its powers under any + Act referred to in that subparagraph, a + violation of any requirement imposed under this + section shall be deemed to be a violation of a + requirement imposed under that Act. + (ii) Other authority.--In addition to its + powers under any provision of law specifically + referred to in subparagraph (A), each of the + agencies referred to in such subparagraph may + exercise, for the purpose of enforcing + compliance with any requirement imposed under + this section, any other authority conferred on + it by law. + (2) Other money transmitting businesses.-- + (A) Appropriate federal regulator.--Except to the + extent that enforcement of the requirements imposed + under this section is specifically committed to some + other Government agency under paragraph (1), the + Federal Trade Commission shall enforce such + requirements. + (B) Applicability of other laws.-- + (i) Violations of this section.--For the + purpose of the exercise by the Federal Trade + Commission of its functions and powers under + the Federal Trade Commission Act, a violation + of any requirement imposed under this section + shall be deemed a violation of a requirement + imposed under that Act. + (ii) Other authority.--All of the functions + and powers of the Federal Trade Commission + under the Federal Trade Commission Act are + available to the Commission to enforce + compliance by any person subject to the + jurisdiction of the Commission with the + requirements imposed under this section, + irrespective of whether that person is engaged + in commerce or meets any other jurisdictional + tests in the Federal Trade Commission Act. + (e) Effective Date.--This section shall apply to any international +money transfer initiated in the United States after the end of the 3- +month period beginning on the date of enactment of this Act.","International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks (including travelers checks), money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. (Thus allows Federal credit unions to perform such services for anyone.) Adds international money transfer services to the list of such services. + +Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer, including all fees charged for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country. + +Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. + +Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union.",A bill to allow credit unions to provide international money transfer services and to require disclosures in connection with international money transfers from all money transmitting service providers.," The International Remittance Services Enhancement and Protection Act of 2003 aims to enhance consumer protection and transparency in international money transfers. It amends the Federal Credit Union Act to allow credit unions to provide international money transfer services and cash checks and money orders. The Act requires financial institutions and money transmitting businesses to provide disclosures to consumers before initiating an international money transfer, including fees, costs, and exact foreign currency amounts. Appropriate federal agencies are responsible for enforcing these requirements, with the Federal Trade Commission enforcing them for non-depository institutions. The Act applies to international money transfers initiated in the United States after the end of a three-month period following its enactment." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``New Economy Workforce Act''. + +SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS. + + Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. +1153(e)(1)) is amended-- + (1) by striking ``(1) Immigrant visas'' and inserting + ``(1)(A) Subject to the succeeding provisions of this + paragraph, immigrant visas''; and + (2) by adding at the end the following: + ``(B)(i) An immigrant visa may be made available under paragraph +(1), (2)(B), (3), or (4) of subsection (a) to an alien who-- + ``(I) does not have a bachelor's degree (or higher degree) + only if there is no qualified individual to whom such a visa + may be made available under the respective paragraph who has + such a degree; or + ``(II) is not a high school graduate only if there is no + qualified individual to whom such a visa may be made available + under the respective paragraph who has a bachelor's degree (or + higher degree) or who is a high school graduate. + ``(ii) For purposes of clause (i)-- + ``(I) the term `bachelor's degree' includes a foreign + degree that is a recognized foreign equivalent of a bachelor's + degree; and + ``(II) the term `high school graduate' means an individual + who has successfully completed either a 12-year course of + elementary and secondary school study in the United States or a + formal course of elementary and secondary school study abroad + equivalent to a 12-year course of elementary and secondary + school study in the United States. + ``(iii) The determination of educational status under clause (i) +shall be made using the most recent evidence with respect to +educational credentials proffered by the alien.''. + +SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS. + + Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. +1153(a)(2)) is amended to read as follows: + ``(2) Requirement of education.-- + ``(A) In general.--An alien is not eligible for a + visa under this subsection unless the alien has a + bachelor's degree (or higher degree). + ``(B) Definition.--For purposes of subparagraph + (A), the term `bachelor's degree' includes a foreign + degree that is a recognized foreign equivalent of a + bachelor's degree.''. + +SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO + DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND + VERIFICATION OF EDUCATIONAL CREDENTIALS. + + Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) +is amended by adding at the end the following: + ``(h) Determinations With Respect to Foreign Degree Equivalence.-- +For purposes of subsections (c)(2) and (e)(1)(B), in the case of an +alien obtaining a foreign degree, or completing a foreign course of +elementary and secondary school study, any determination with respect +to the equivalence of that degree or course of study to a degree +obtained, or a course of study completed, in the United States shall be +made by the Secretary of State. In carrying out the preceding sentence, +the Secretary of State shall verify the authenticity of any foreign +educational credential proffered by an alien.''. + +SEC. 5. ADMINISTRATIVE OBLIGATIONS. + + (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later +than 90 days after the date of the enactment of this Act, the Secretary +of State, in consultation with the Attorney General, shall promulgate +regulations regarding the allocation of immigrant visas, made available +under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the +Immigration and Nationality Act, pursuant to the amendments made by +this Act. + (b) Determinations With Respect to Foreign Degrees.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of State, in + consultation with the Attorney General and the Secretary of + Education, shall promulgate regulations to carry out section + 203(h) of the Immigration and Nationality Act (as added by + section 4). + (2) Imposition of fee.--Such regulations may permit the + Secretary of State to charge and collect a processing and + verification fee, to be set at a level that will ensure + recovery of the full costs incurred in carrying out such + section 203(h). + (3) Use of fee.--There is established in the general fund + of the Treasury a separate account, which shall be known as the + ``Foreign Degree Equivalence Account''. Notwithstanding any + other provision of law, there shall be deposited as offsetting + receipts into the account all fees collected pursuant to + paragraph (2). Amounts deposited into the account shall remain + available to the Secretary of State until expended to carry out + section 203(h) of the Immigration and Nationality Act (as added + by section 4). + (c) Other Regulations.--Except as provided in subsections (a) and +(b), not later than 90 days after the date of the enactment of this +Act, the Attorney General, in consultation with the Secretary of State +and the Secretary of Education, shall promulgate regulations +implementing the amendments made by this Act. + (d) Forms.--Not later than 90 days after the date on which +regulations are promulgated under subsections (a) through (c), the +Attorney General and the Secretary of State shall each make available +revised forms, as appropriate, that prominently include instructions +regarding procedures for establishing an alien's level of educational +attainment for purposes of the amendments made by this Act. Such forms +shall include appropriate forms for supplementing prior submissions. + +SEC. 6. EFFECTIVE DATE. + + The amendments made by this Act shall apply to immigrant visas made +available under section 203(a) of the Immigration and Nationality Act +on or after the date that is 180 days after the date of the enactment +of this Act, and immigrant visas made available under section 203(c) of +such Act on or after October 1, 2002, regardless of the date any +classification petition under section 204 of such Act may have been +filed.","Requires diversity immigrants to have at least a bachelor's degree. +Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.",New Economy Workforce Act," The New Economy Workforce Act aims to amend the Immigration and Nationality Act to prioritize certain family-sponsored immigrants who do not have a bachelor's degree or are not high school graduates if there is no qualified individual with a higher degree or higher education available for a visa. The Act also requires a bachelor's degree for diversity immigrants and assigns obligations to the Secretary of State for determining foreign degree equivalence and verifying educational credentials. Regulations regarding visa allocation and determinations with respect to foreign degrees must be promulgated within 90 days after the enactment of this Act. The amendments apply to immigrant visas made available under section 203(a) on or after 180 days after enactment and under section 203(c) on or after October 1, 2002." +"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Select Agent +Program and Biosafety Improvement Act of 2008''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Findings. + TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION + +Sec. 101. Reauthorization of select agent program. +Sec. 102. Select agent program review. +Sec. 103. Revision of the list of biological agents and toxins. +Sec. 104. Sharing information with trusted state partners. +Sec. 105. Improvements to inventorying and monitoring of agents. +Sec. 106. Smallpox definition clarification. +Sec. 107. Plan for surge in samples of biological agents and toxins. + TITLE II--BIOSAFETY IMPROVEMENTS + +Sec. 201. Improvement of oversight of biocontainment laboratories. +Sec. 202. Improvement of training for laboratory personnel. +Sec. 203. Biological laboratory incident reporting system. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The Centers for Disease Control and Prevention + regulates the possession, use, and transfer of select agents + and toxins that have the potential to pose a severe threat to + public health and safety. + (2) The Animal and Plant Health Inspection Service + regulates the possession, use, and transfer of select agents + and toxins that have the potential to pose a severe threat to + animal or plant health, or to animal or plant products. + (3) As of April 2008, there are 72 select agents and + toxins, 13 of which are found naturally in the United States. + (4) As of April 2008, there are 325 entities registered + with the Centers for Disease Control and Prevention to work + with select agents and toxins and 75 entities registered with + the Animal and Plant Health Inspection Service. There are 9,918 + individuals approved to work with select agents and toxins + through the Centers for Disease Control and Prevention and + 4,336 through the Animal and Plant Health Inspection Service. + (5) Biocontainment laboratories are used by scientists to + study infectious materials safely and effectively. Laboratory + biological research is categorized by the safety level at which + it is performed. There are 4 safety levels, termed Biosafety + Level (BSL) 1 through 4. + + TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION + +SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. + + (a) Reauthorization of Select Agent Program.-- + (1) Amendment to the public health service act.--Section + 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is + amended by striking ``2002 through 2007'' and inserting ``2009 + through 2013''. + (2) Amendment to the agricultural bioterrorism protection + act of 2002.--Section 212(m) of the Agricultural Bioterrorism + Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by + striking ``2002 through 2007'' and inserting ``2009 through + 2013''. + (b) Appropriate Training.-- + (1) Amendment to the public health service act.--Section + 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. + 262a(e)(2)(A)) is amended by inserting ``, and appropriate + training,'' after ``have a legitimate need''. + (2) Amendment to the agricultural bioterrorism protection + act of 2002.--Section 212(e)(2)(A) of the Agricultural + Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is + amended by inserting ``, and appropriate training,'' after + ``have a legitimate need''. + (c) Covered Agencies.-- + (1) Amendment to the public health service act.--Section + 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health + Service Act is amended by inserting ``the Department of + Homeland Security,'' after ``the Department of Agriculture,''. + (2) Amendment to the agricultural bioterrorism protection + act of 2002.--Section 212(h)(2)(A) of the Agricultural + Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is + amended by inserting ``the Department of Homeland Security,'' + after ``the Department of Agriculture,''. + +SEC. 102. SELECT AGENT PROGRAM REVIEW. + + (a) In General.--The Secretary of Health and Human Services, in +consultation with the Secretary of Agriculture, shall enter into a +contract with the National Academy of Sciences to conduct a review of +the select agent program under section 351A of the Public Health +Service Act (42 U.S.C. 262a) and section 212 of the Agricultural +Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall +focus on-- + (1) the extent to which the program has enhanced + biosecurity and biosafety in the United States; + (2) the effects of the program on-- + (A) international scientific collaboration; and + (B) scientific advances in the United States; and + (3) other issues as requested by the Secretary of Health + and Human Services and the Secretary of Agriculture. + (b) Report; Recommendations.--Not later than 240 days after the +date of enactment of this Act, the National Academy of Sciences shall +submit a report to the Secretary of Health and Human Services, the +Secretary of Agriculture, the Committee on Health, Education, Labor, +and Pensions of the Senate, the Committee on Energy and Commerce of the +House of Representatives, and other congressional committees of +relevant interest, on the results of the review conducted under +subsection (a). Such report shall include recommendations for improving +the structure of the select agent program for-- + (1) enhancing the biosecurity and biosafety of the United + States; + (2) eliminating or reducing adverse effects of the program, + if any, on-- + (A) international scientific collaboration; and + (B) scientific advances in the United States; and + (3) other issues as requested by the Secretary of Health + and Human Services and the Secretary of Agriculture. + +SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. + + (a) Amendment to the Public Health Service Act.--Section +351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. +262a(a)(1)(B)(i)) is amended-- + (1) in subclause (III), by striking ``; and'' and inserting + a semicolon; + (2) by redesignating subclause (IV) as subclause (VII); and + (3) by inserting after subclause (III) the following: + ``(IV) whether the agent or toxin + is endemic to the United States, as + defined by the Secretary; + ``(V) information available from + biological risk assessments conducted + by the Department of Homeland Security; + ``(VI) newly discovered agents of + disease, including genetically modified + organisms or agents created + synthetically; and''. + (b) Amendment to the Agricultural Bioterrorism Protection Act of +2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism +Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- + (1) in subclause (III), by striking ``; and'' and inserting + a semicolon; + (2) by redesignating subclause (IV) as subclause (VII); and + (3) by inserting after subclause (III) the following: + ``(IV) whether the agent or toxin + is endemic to the United States, as + defined by the Secretary; + ``(V) information available from + biological risk assessments conducted + by the Department of Homeland Security; + ``(VI) newly discovered agents of + disease, including genetically modified + organisms or agents created + synthetically; and''. + (c) Rule of Construction.--The amendments made by subsections (a) +and (b) shall not be construed to preclude the listing of a biological +agent or toxin that is endemic to the United States. + +SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. + + (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) +of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- + (1) in subparagraph (A), by striking ``; or'' and inserting + a semicolon; + (2) in subparagraph (B), by striking the period and + inserting ``; or''; and + (3) by inserting at the end the following: + ``(C) to withhold information regarding a State + that will assist with the State's emergency + preparedness planning from the health director (or + equivalent State official) of such State, if such State + has in place a law to protect against the further + release of such information as determined by the + Secretary.''. + (b) Amendment to the Agricultural Bioterrorism Protection Act of +2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection +Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- + (1) in subparagraph (A), by striking ``; or'' and inserting + a semicolon; + (2) in subparagraph (B), by striking the period and + inserting ``; or''; and + (3) by inserting at the end the following: + ``(C) to withhold information regarding a State + that will assist with the State's emergency + preparedness planning from an elected or appointed + senior State agricultural official or equivalent State + official (such as a State veterinarian or a State plant + health regulatory official) of such State, if such + State has in place a law to protect against the further + release of such information as determined by the + Secretary.''. + +SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. + + (a) Improved Method to Inventory and Monitor Listed Biological +Agents.--Not later than 180 days after enactment of this Act, the +Secretary of Health and Human Services, in coordination with the +Secretary of Agriculture, and in consultation with individuals with +appropriate scientific expertise, shall issue guidance on inventorying +and monitoring the biological agents listed under section 351A(a)(1) of +the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological +agents listed under section 212(a)(1) of the Agricultural Bioterrorism +Protection Act of 2002 (7 U.S.C. 8401(a)(1)). + (b) Considerations.--In issuing the guidance under subsection (a), +the Secretaries shall consider-- + (1) the effectiveness of measures to inventory and monitor + listed biological agents that can propagate relative to the + burden of these measures on laboratory personnel; + (2) qualitative and quantitative control procedures for + such listed agents, rather than only quantitative control + procedures; and + (3) in what situations registered persons are required to + keep inventory records. + +SEC. 106. SMALLPOX DEFINITION CLARIFICATION. + + Not later than 90 days after the date of enactment of this Act, the +Attorney General, in coordination with the Secretary of Health and +Human Services, shall issue public guidance regarding how the Attorney +General interprets the scope of the statutory definition of ``variola +virus'' in section 175c of title 18, United States Code. + +SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. + + The Secretary of Health and Human Services, in coordination with +the Secretary of Agriculture and State officials, shall develop and +disseminate guidelines for how laboratories and laboratory personnel +that do not regularly test for listed agents and toxins (as such terms +are defined in section 351A of the Public Health Service Act (42 U.S.C. +262a) and section 212 of the Agricultural Bioterrorism Protection Act +of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during +emergencies in which laboratories and laboratory personnel that +regularly test for such agents and toxins are overwhelmed by a surge of +samples of such listed agents and toxins. + + TITLE II--BIOSAFETY IMPROVEMENTS + +SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. + + (a) Definition.--For purposes of this section, the term ``high +containment biological laboratory'' means a laboratory that has +Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the +Secretary of Health and Human Services and the Secretary of +Agriculture. + (b) Evaluation.--The Secretary of Health and Human Services, in +coordination with the Secretary of Agriculture, and in consultation +with the Secretary of Defense and the Secretary of Homeland Security +(referred to in this section as the ``Secretaries'') shall, either +directly or through a contract, evaluate national needs of, and +oversight of, high containment biological laboratories. + (c) Considerations.--In conducting the evaluation under subsection +(b), the Secretaries shall consider-- + (1) whether the construction of high containment biological + laboratories that are in existence or planned as of the date of + enactment of this Act, is likely to provide sufficient capacity + for the needs of Government biodefense and infectious disease + research; + (2) how laboratory capacity and lessons learned can be best + shared across the biodefense and infectious disease research + communities, domestically and internationally; + (3) whether guidance on laboratory infrastructure, + commissioning, operation, and maintenance of such laboratories + is adequate, and if such guidance is found to be inadequate, + how to improve and streamline such guidance; and + (4) ways to improve and streamline the training of the + personnel of such laboratories, including recommendations + regarding the minimum standards for laboratory biosafety and + biosecurity training under section 202. + (d) Report to Congress.--Not later than 240 days after the date of +enactment of this Act, the Secretary of Health and Human Services shall +submit to Congress a report on the findings and recommendations from +the evaluation under this section. + +SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. + + (a) Definition.--For purposes of this section, the term ``high +containment biological laboratory'' means a laboratory that has +Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the +Secretary of Health and Human Services and the Secretary of +Agriculture. + (b) Development of Minimum Standards.--The Secretary of Health and +Human Services, acting through the Director of the Centers for Disease +Control and Prevention and the Director of the National Institutes of +Health, and in coordination with the Secretary of Agriculture and +scientific experts representing appropriate professional groups and +international health organizations, shall develop minimum standards for +laboratory biosafety and biosecurity training for relevant personnel of +high containment biological laboratories. In developing such standards, +the Secretary of Health and Human Services shall consider existing +laboratory guidelines and training modules. + (c) Requirement for Approval.--A person may not register with the +Secretary of Health and Human Services or the Secretary of Agriculture +for the possession, use, or transfer of listed agents in accordance +with section 351A of the Public Health Service Act (42 U.S.C. 262a) and +section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 +U.S.C. 8401) unless the person provides to its appropriate personnel +biosafety and biosecurity training that meets the minimum standards +under subsection (b) in addition to any other requirements determined +appropriate by the Secretary of Health and Human Services or the +Secretary of Agriculture. + (d) Dissemination.--The Secretary of Health and Human Services, in +coordination with the Secretary of Agriculture, may disseminate the +minimum standards under subsection (b) for voluntary use, such as when +use is not required under subsection (b), in laboratories and academic +programs in the United States and in other countries. + +SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. + + (a) In General.--The Secretary of Health and Human Services, in +coordination with the Secretary of Agriculture, (referred to in this +section as the ``Secretaries'') shall establish an integrated +Biological Laboratory Incident Reporting System through which personnel +of biological laboratories may voluntarily report biosafety or +biosecurity incidents of concern and the Secretaries may identify +trends in such incidents and protocols for biosafety or biosecurity +improvements. In developing such reporting system, the Secretaries +shall consider options for integrating existing voluntary and required +reporting mechanisms. + (b) Functions.--In implementing the reporting system under +subsection (a), the Secretaries shall enter into a contract with a +public or private entity that does not regulate biological laboratories +to administer the reporting system. Such entity shall-- + (1) receive and process incident reports; + (2) analyze, interpret incident data, and identify incident + trends; + (3) issue alert messages within an appropriate time period; + (4) disseminate reports and other appropriate information, + which shall not include facility-specific information; + (5) not have authority to direct corrective action or to + initiate enforcement action; + (6) ensure anonymity of individuals reporting to the + system, to the extent permitted by law; and + (7) conduct other activities as requested by the + Secretaries.","Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. + +Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. + +Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. + +Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. + +Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. + +Directs the Attorney General to issue guidance regarding the scope of the statutory definition of ""variola virus."" + +Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. + +Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. + +Requires the Secretary to establish a Biological Laboratory Incident Reporting System.",A bill to reauthorize the Select Agent Program by amending the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 and to improve oversight of high containment laboratories.," The Select Agent Program and Biosafety Improvement Act of 2008 aims to reauthorize the select agent program, review its effectiveness, revise the list of biological agents and toxins, improve inventorying and monitoring of agents, clarify smallpox definition, and develop guidelines for accessing laboratories during emergencies. The act also seeks to improve oversight of biocontainment laboratories, improve training for laboratory personnel, and establish an integrated biological laboratory incident reporting system." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Military Survivor Benefits +Improvement Act of 2003''. + +SEC. 2. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR + SURVIVING SPOUSES OVER AGE 62. + + (a) Phased Increase in Basic Annuity.-- + (1) Standard annuity.-- + (A) Increase to 55 percent.--Clause (i) of + subsection (a)(1)(B) of section 1451 of title 10, + United States Code, is amended by striking ``35 percent + of the base amount.'' and inserting ``the product of + the base amount and the percent applicable to the + month, as follows: + ``(I) For a month before October + 2004, the applicable percent is 35 + percent. + ``(II) For a month during fiscal + year 2005, the applicable percent is 40 + percent. + ``(III) For a month during fiscal + year 2006, the applicable percent is 45 + percent. + ``(IV) For a month during fiscal + year 2007, the applicable percent is 50 + percent. + ``(V) For a month during a fiscal + year after fiscal year 2007, the + applicable percent is 55 percent.''. + (B) Coordination with savings provision under prior + law.--Clause (ii) of such subsection is amended by + striking ``, at the time the beneficiary becomes + entitled to the annuity,''. + (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) + of such section is amended by striking ``35 percent'' and + inserting ``the percent specified under subsection (a)(1)(B)(i) + as being applicable for the month''. + (3) Survivors of eligible persons dying on active duty, + etc.-- + (A) Increase to 55 percent.--Clause (i) of + subsection (c)(1)(B) of such section is amended-- + (i) by striking ``35 percent'' and + inserting ``the applicable percent''; and + (ii) by adding at the end the following: + ``The percent applicable for a month under the + preceding sentence is the percent specified + under subsection (a)(1)(B)(i) as being + applicable for that month.''. + (B) Coordination with savings provision under prior + law.--Clause (ii) of such subsection is amended by + striking ``, at the time the beneficiary becomes + entitled to the annuity,''. + (4) Clerical amendment.--The heading for subsection + (d)(2)(A) of such section is amended to read as follows: + ``Computation of annuity.--''. + (b) Corresponding Phased Elimination of Supplemental Annuity.-- + (1) Phased reduction of supplemental annuity.--Section + 1457(b) of title 10, United States Code, is amended-- + (A) by striking ``5, 10, 15, or 20 percent'' and + inserting ``the applicable percent''; and + (B) by inserting after the first sentence the + following: ``The percent used for the computation shall + be an even multiple of 5 percent and, whatever the + percent specified in the election, may not exceed 20 + percent for months before October 2004, 15 percent for + months during fiscal year 2005, 10 percent for months + during fiscal year 2006, and 5 percent for months after + September 2006.''. + (2) Repeal upon implementation of 55 percent sbp annuity.-- + Effective on October 1, 2007, chapter 73 of such title is + amended-- + (A) by striking subchapter III; and + (B) by striking the item relating to subchapter III + in the table of subchapters at the beginning of that + chapter. + (c) Recomputation of Annuities.-- + (1) Periodic recomputation required.--Effective on the + first day of each month specified in paragraph (2)-- + (A) each annuity under section 1450 of title 10, + United States Code, that commenced before that month, + is computed under a provision of section 1451 of that + title amended by subsection (a), and is payable for + that month shall be recomputed so as to be equal to the + amount that would be in effect if the percent + applicable for that month under that provision, as so + amended, had been used for the initial computation of + the annuity; and + (B) each supplemental survivor annuity under + section 1457 of such title that commenced before that + month and is payable for that month shall be recomputed + so as to be equal to the amount that would be in effect + if the percent applicable for that month under that + section, as amended by this section, had been used for + the initial computation of the supplemental survivor + annuity. + (2) Time for recomputation.--The requirement under + paragraph (1) for recomputation of certain annuities applies + with respect to the following months: + (A) October 2004. + (B) October 2005. + (C) October 2006. + (D) October 2007. + (d) Recomputation of Retired Pay Reductions for Supplemental +Survivor Annuities.--The Secretary of Defense shall take such actions +as are necessitated by the amendments made by subsection (b) and the +requirements of subsection (c)(1)(B) to ensure that the reductions in +retired pay under section 1460 of title 10, United States Code, are +adjusted to achieve the objectives set forth in subsection (b) of that +section. + +SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING + OCTOBER 1, 2004. + + (a) Persons Not Currently Participating in Survivor Benefit Plan.-- + (1) Election of sbp coverage.--An eligible retired or + former member may elect to participate in the Survivor Benefit + Plan under subchapter II of chapter 73 of title 10, United + States Code, during the open enrollment period specified in + subsection (f). + (2) Election of supplemental annuity coverage.--An eligible + retired or former member who elects under paragraph (1) to + participate in the Survivor Benefit Plan at the maximum level + may also elect during the open enrollment period to participate + in the Supplemental Survivor Benefit Plan established under + subchapter III of chapter 73 of title 10, United States Code. + (3) Eligible retired or former member.--For purposes of + paragraphs (1) and (2), an eligible retired or former member is + a member or former member of the uniformed services who on the + day before the first day of the open enrollment period is not a + participant in the Survivor Benefit Plan and-- + (A) is entitled to retired pay; or + (B) would be entitled to retired pay under chapter + 1223 of title 10, United States Code, but for the fact + that such member or former member is under 60 years of + age. + (4) Status under sbp of persons making elections.-- + (A) Standard annuity.--A person making an election + under paragraph (1) by reason of eligibility under + paragraph (3)(A) shall be treated for all purposes as + providing a standard annuity under the Survivor Benefit + Plan. + (B) Reserve-component annuity.--A person making an + election under paragraph (1) by reason of eligibility + under paragraph (3)(B) shall be treated for all + purposes as providing a reserve-component annuity under + the Survivor Benefit Plan. + (b) Election To Increase Coverage Under SBP.--A person who on the +day before the first day of the open enrollment period is a participant +in the Survivor Benefit Plan but is not participating at the maximum +base amount or is providing coverage under the Plan for a dependent +child and not for the person's spouse or former spouse may, during the +open enrollment period, elect to-- + (1) participate in the Plan at a higher base amount (not in + excess of the participant's retired pay); or + (2) provide annuity coverage under the Plan for the + person's spouse or former spouse at a base amount not less than + the base amount provided for the dependent child. + (c) Election for Current SBP Participants To Participate in +Supplemental SBP.-- + (1) Election.--A person who is eligible to make an election + under this paragraph may elect during the open enrollment + period to participate in the Supplemental Survivor Benefit Plan + established under subchapter III of chapter 73 of title 10, + United States Code, as added by section 1404. + (2) Persons eligible.--Except as provided in paragraph (3), + a person is eligible to make an election under paragraph (1) if + on the day before the first day of the open enrollment period + the person is a participant in the Survivor Benefit Plan at the + maximum level, or during the open enrollment period the person + increases the level of such participation to the maximum level + under subsection (b) of this section, and under that Plan is + providing annuity coverage for the person's spouse or a former + spouse. + (3) Limitation on eligibility for certain sbp participants + not affected by two-tier annuity computation.--A person is not + eligible to make an election under paragraph (1) if (as + determined by the Secretary concerned) the annuity of a spouse + or former spouse beneficiary of that person under the Survivor + Benefit Plan will be computed under section 1451(e) of title + 10, United States Code. However, such a person may during the + open enrollment period waive the right to have that annuity + computed under such section. Any such election is irrevocable. + A person making such a waiver may make an election under + paragraph (1) as in the case of any other participant in the + Survivor Benefit Plan. + (d) Manner of Making Elections.--An election under this section +must be made in writing, signed by the person making the election, and +received by the Secretary concerned before the end of the open +enrollment period. Any such election shall be made subject to the same +conditions, and with the same opportunities for designation of +beneficiaries and specification of base amount, that apply under the +Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the +case may be. A person making an election under subsection (a) to +provide a reserve-component annuity shall make a designation described +in section 1448(e) of title 10, United States Code. + (e) Effective Date for Elections.--Any such election shall be +effective as of the first day of the first calendar month following the +month in which the election is received by the Secretary concerned. + (f) Open Enrollment Period Defined.--The open enrollment period is +the one-year period beginning on October 1, 2004. + (g) Effect of Death of Person Making Election Within Two Years of +Making Election.--If a person making an election under this section +dies before the end of the two-year period beginning on the effective +date of the election, the election is void and the amount of any +reduction in retired pay of the person that is attributable to the +election shall be paid in a lump sum to the person who would have been +the deceased person's beneficiary under the voided election if the +deceased person had died after the end of such two-year period. + (h) Applicability of Certain Provisions of Law.--The provisions of +sections 1449, 1453, and 1454 of title 10, United States Code, are +applicable to a person making an election, and to an election, under +this section in the same manner as if the election were made under the +Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the +case may be. + (i) Additional Premium.--The Secretary of Defense may require that +the premium for a person making an election under subsection (a)(1) or +(b) include, in addition to the amount required under section 1452(a) +of title 10, United States Code, an amount determined under regulations +prescribed by the Secretary of Defense for the purposes of this +subsection. Any such amount shall be stated as a percentage of the base +amount of the person making the election and shall reflect the number +of years that have elapsed since the person retired, but may not exceed +4.5 percent of that person's base amount. + (j) Report Concerning Open Season.--Not later than July 1, 2004, +the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and House of Representatives a report on the +open season authorized by this section for the Survivor Benefit Plan. +The report shall include the following: + (1) A description of the Secretary's plans for + implementation of the open season. + (2) The Secretary's estimates of the costs associated with + the open season, including any anticipated effect of the open + season on the actuarial status of the Department of Defense + Military Retirement Fund. + (3) Any recommendation by the Secretary for further + legislative action.","Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months before October 2004; (2) 40 percent for months during FY 2005; (3) 45 percent for months during FY 2006; (4) 50 percent for months during FY 2007; and (5) 55 percent for months after FY 2007. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2004; and (2) retired pay reductions for supplemental survivor annuities.Provides a one-year open enrollment period for SBP participation, commencing October 1, 2004, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP.Authorizes the Secretary of Defense to require appropriate premiums for SBP participation.","To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes."," The Military Survivor Benefits Improvement Act of 2003 aims to improve benefits for surviving spouses over the age of 62. It includes provisions for phased increases in basic annuity, phased elimination of supplemental annuity, recomputation of annuities, and recomputation of retired pay reductions for supplemental survivor annuities. The Act also establishes an open enrollment period for survivor benefit plan commencing October 1, 2004, allowing eligible retired or former members to participate in the Survivor Benefit Plan or Supplemental Survivor Benefit Plan during this period." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fixed Asset Relief Act of 2015''. + +SEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT. + + (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of +1986 is amended by striking ``50 percent'' and inserting ``100 +percent''. + (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code +of 1986 is amended to read as follows: + ``(2) Qualified property.--For purposes of this + subsection-- + ``(A) In general.--The term `qualified property' + means property-- + ``(i)(I) to which this section applies + which has a recovery period of 20 years or + less, + ``(II) which is computer software (as + defined in section 167(f)(1)(B)) for which a + deduction is allowable under section 167(a) + without regard to this subsection, + ``(III) which is water utility property, or + ``(IV) which is qualified leasehold + improvement property, and + ``(ii) the original use of which commences + with the taxpayer. + ``(B) Exception for alternative depreciation + property.--The term `qualified property' shall not + include any property to which the alternative + depreciation system under subsection (g) applies, + determined-- + ``(i) without regard to paragraph (7) of + subsection (g) (relating to election to have + system apply), and + ``(ii) after application of section 280F(b) + (relating to listed property with limited + business use). + ``(C) Special rules.-- + ``(i) Sale-leasebacks.--For purposes of + clause (ii) and subparagraph (A)(ii), if + property is-- + ``(I) originally placed in service + by a person, and + ``(II) sold and leased back by such + person within 3 months after the date + such property was originally placed in + service, + such property shall be treated as originally + placed in service not earlier than the date on + which such property is used under the leaseback + referred to in subclause (II). + ``(ii) Syndication.--For purposes of + subparagraph (A)(ii), if-- + ``(I) property is originally placed + in service by the lessor of such + property, + ``(II) such property is sold by + such lessor or any subsequent purchaser + within 3 months after the date such + property was originally placed in + service (or, in the case of multiple + units of property subject to the same + lease, within 3 months after the date + the final unit is placed in service, so + long as the period between the time the + first unit is placed in service and the + time the last unit is placed in service + does not exceed 12 months), and + ``(III) the user of such property + after the last sale during such 3-month + period remains the same as when such + property was originally placed in + service, + such property shall be treated as originally + placed in service not earlier than the date of + such last sale. + ``(D) Coordination with section 280f.--For purposes + of section 280F-- + ``(i) Automobiles.--In the case of a + passenger automobile (as defined in section + 280F(d)(5)) which is qualified property, the + Secretary shall increase the limitation under + section 280F(a)(1)(A)(i) by $8,000. + ``(ii) Listed property.--The deduction + allowable under paragraph (1) shall be taken + into account in computing any recapture amount + under section 280F(b)(2). + ``(iii) Inflation adjustment.--In the case + of any taxable year beginning in a calendar + year after 2015, the $8,000 amount in clause + (i) shall be increased by an amount equal to-- + ``(I) such dollar amount, + multiplied by + ``(II) the automobile price + inflation adjustment determined under + section 280F(d)(7)(B)(i) for the + calendar year in which such taxable + year begins by substituting `2014' for + `1987' in subclause (II) thereof. + If any increase under the preceding sentence is + not a multiple of $100, such increase shall be + rounded to the nearest multiple of $100. + ``(E) Deduction allowed in computing minimum tax.-- + For purposes of determining alternative minimum taxable + income under section 55, the deduction under section + 167 for qualified property shall be determined without + regard to any adjustment under section 56.''. + (c) Effective Date.--The amendments made by this section shall +apply to property placed in service after December 31, 2014.",Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent. ,Fixed Asset Relief Act of 2015," The Fixed Asset Relief Act of 2015 aims to increase bonus depreciation to 100% and make it permanent. It defines qualified property as computer software, water utility property, or qualified leasehold improvement property with a recovery period of 20 years or less. The Act also includes special rules for sale-leasebacks and syndication. Additionally, it adjusts the limitation under section 280F(a)(1)(A)(i) by $8,000 for qualified property. The effective date for these amendments is property placed in service after December 31, 2014." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Preserve Rights Of States and +Political subdivisions to Encourage Retirement Savings Act'' or the +``PROSPERS Act''. + +SEC. 2. DEFINITIONS. + + Section 3 of the Employee Retirement Income Security Act of 1974 +(29 U.S.C. 1002) is amended-- + (1) in paragraph (2)-- + (A) in subparagraph (A), by striking ``subparagraph + (B)'' and inserting ``subparagraphs (B) and (C)''; and + (B) by adding at the end the following: + ``(C)(i) The terms `employee pension benefit plan' and `pension +plan' do not include an individual retirement plan (as defined in +section 7701(a)(37) of the Internal Revenue Code of 1986) established +and maintained pursuant to a payroll deduction savings program of a +State or qualified political subdivision of a State, provided that-- + ``(I) the program is specifically established pursuant to + State or qualified political subdivision law; + ``(II) the program is implemented and administered by the + State or qualified political subdivision establishing the + program (or by a governmental agency or instrumentality of + either), which is responsible for investing the employee + savings or for selecting investment alternatives for employees + to choose; + ``(III) the State or qualified political subdivision (or + governmental agency or instrumentality of either) assumes + responsibility for the security of payroll deductions and + employee savings, including by requiring that amounts withheld + from wages by the employer be transmitted to the program + promptly and by providing an enforcement mechanism to assure + compliance with this requirement; + ``(IV) the State or qualified political subdivision (or + governmental agency or instrumentality of either) adopts + measures to ensure that employees are notified of their rights + under the program, and creates a mechanism for enforcement of + those rights; + ``(V) participation in the program is voluntary for + employees; + ``(VI) all rights of the employee, former employee, or + beneficiary under the program are enforceable only by the + employee, former employee, or beneficiary, an authorized + representative of such a person, or by the State or qualified + political subdivision (or governmental agency or + instrumentality of either); + ``(VII) the involvement of the employer is limited to-- + ``(aa) collecting employee contributions through + payroll deductions and remitting them to the program; + ``(bb) providing notice to the employees and + maintaining records regarding the employer's collection + and remittance of payments under the program; + ``(cc) providing information to the State or + qualified political subdivision (or governmental agency + or instrumentality of either) necessary to facilitate + the operation of the program; and + ``(dd) distributing program information to + employees from the State or qualified political + subdivision (or governmental agency or instrumentality + of either) and permitting the State or qualified + political subdivision (or governmental agency or + instrumentality of either) to publicize the program to + employees; + ``(VIII) the employer contributes no funds to the program + and provides no bonus or other monetary incentive to employees + to participate in the program; + ``(IX) the employer's participation in the program is + required by the law of the State law or qualified political + subdivision; + ``(X) the employer has no discretionary authority, control, + or responsibility under the program; and + ``(XI) the employer receives no direct or indirect + consideration in the form of cash or otherwise, other than + consideration (including tax incentives and credits) received + directly from the State or qualified political subdivision (or + governmental agency or instrumentality of either) that does not + exceed an amount that reasonably approximates the employer's + (or a typical employer's) costs under the program. + ``(ii) A State savings program will not fail to satisfy the +requirements of subclauses (I) through (XI) of clause (i) merely +because the program-- + ``(I) is directed toward those employers that do not offer + some other workplace savings arrangement; + ``(II) utilizes one or more service or investment providers + to operate and administer the program, provided that the State + (or governmental agency or instrumentality of the State) + retains full responsibility for the operation and + administration of the program; or + ``(III) treats employees as having automatically elected + payroll deductions in an amount or percentage of compensation, + including any automatic increases in such amount or percentage, + unless the employee specifically elects not to have such + deductions made (or specifically elects to have the deductions + made in a different amount or percentage of compensation + allowed by the program), provided that the employee is given + adequate advance notice of the right to make such elections and + provided, further, that a program may also satisfy the + requirements of such subclauses (I) through (XI) without + requiring or otherwise providing for automatic elections such + as those described in this subclause. + ``(iii) For purposes of this subparagraph, the term ``qualified +political subdivision'' means any governmental unit of a State, +including a city, county, or similar governmental body, that-- + ``(I) has the authority, implicit or explicit, under State + law to require employers' participation in the program as + described in clause (i); and + ``(II) at the time of the establishment of the political + subdivision's payroll deduction savings program-- + ``(aa) has a population equal to or greater than + the population of the least populated State (excluding + the District of Columbia and territories listed in + paragraph (10)); + ``(bb) has no geographic overlap with any other + political subdivision that has enacted a mandatory + payroll deduction savings program for private-sector + employees and is not located in a State that has + enacted such a program statewide; and + ``(cc) has implemented and administers a plan, + fund, or program that provides retirement income to its + employees, or results in a deferral of income by its + employees for periods extending to the termination of + covered employment or beyond. + ``(iv) For purposes of clause (i)(III), amounts withheld from an +employee's wages by the employer are deemed to be transmitted promptly +if such amounts are transmitted to the program as of the earliest date +on which such contributions can reasonably be segregated from the +employer's general assets, but in no event later than the last day of +the month following the month in which such amounts would otherwise +have been payable to the employee in cash.''.","Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees. ",Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act," The Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act (PROSPERS Act) aims to amend Section 2 of the Employee Retirement Income Security Act of 1974. This act seeks to clarify that individual retirement plans established under state or qualified political subdivision payroll deduction savings programs are not considered employee pension benefit plans or pension plans. The act outlines specific requirements for these programs, including voluntary participation for employees, limited employer involvement, and no employer contribution to the program. Additionally, it defines ""qualified political subdivision"" as a governmental unit with the authority to require employer participation in the program and certain population requirements." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Houthis and Iran Sanctions +Accountability Act of 2017''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) On April 2015, the United Nations Security Council + adopted United Nations Security Council Resolution 2216 by 14 + affirmative votes to none against, with one abstention (by the + Russian Federation), imposing sanctions on individuals + undermining the stability of Yemen, and demanded that the + Houthis withdraw from all areas seized during the latest + conflict, relinquish arms seized from military and security + institutions, cease all actions falling exclusively within the + authority of the legitimate Government of Yemen, and fully + implement previous Security Council resolutions. + (2) On May 16, 2012, the Obama administration issued + Executive Order 13611 (50 U.S.C. 1701 note; relating to + Blocking Property of Persons Threatening the Peace, Security, + or Stability of Yemen), imposing sanctions on persons that + ``have engaged in acts that directly or indirectly threaten the + peace, security, or stability of Yemen, such as acts that + obstruct the implementation of the agreement of November 23, + 2011, between the Government of Yemen and those in opposition + to it, which provides for a peaceful transition of power in + Yemen, or that obstruct the political process in Yemen''. + (3) On November 10, 2014, the Obama administration + designated the leadership of the Iranian-supported Houthi + insurgent group, and their ally former Yemeni President Ali + Abdullah Saleh, for imposition of sanctions under Executive + Order 13611. + (4) Iran's Revolutionary Guard Corps has transferred + increasingly sophisticated weapons systems to the Houthis, who + have in turn shot missiles into Saudi Arabia from positions in + northern Yemen, including a missile in November 2017 that + targeted Riyadh International Airport. In response, Ambassador + Nikki Haley called on ``the United Nations and international + partners to take necessary action to hold the Iranian regime + accountable for these violations''. + (5) In addition to weapons, Iran is reportedly providing + Afghan and Shi'ite Arab specialists, including Hizballah, to + train Houthi units and act as logistical advisers. + (6) The Iranian-supported Houthis have attacked coalition + or coalition-affiliated maritime targets multiple times, a + United States Navy ship twice, and other shipping, forcing the + United States to respond with a combination of diplomacy and + calibrated military strikes against three radar facilities in + Houthi-controlled territory. + +SEC. 3. STATEMENT OF POLICY. + + It shall be the policy of the United States to condemn Iranian +activities in Yemen in violation of United Nations Security Council +Resolution 2216 (2015), and call on all responsible countries to take +appropriate and necessary measures against the Government of Iran, +including the interdiction of Iranian weapons to the Houthis, and the +bilateral and multilateral application of sanctions against Iran for +its violations of United Nations Security Council Resolution 2216. + +SEC. 4. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO YEMEN. + + (a) In General.--United States sanctions with respect to Yemen +provided for in Executive Order 13611 (50 U.S.C. 1701 note; relating to +Blocking Property of Persons Threatening the Peace, Security, or +Stability of Yemen), as in effect on the day before the date of the +enactment of this Act, shall remain in effect. + (b) Rule of Construction.--Nothing in this section shall be +construed to limit the authority of the President pursuant to the +International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). + +SEC. 5. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS. + + (a) Determinations.-- + (1) In general.--The President shall, not later than 45 + days after the date of the enactment of this Act, determine + whether the Iranian persons listed in paragraph (2) are + responsible for engaging in activities described in section 1 + of Executive Order 13611 (50 U.S.C. 1701 note; relating to + Blocking Property of Persons Threatening the Peace, Security, + or Stability of Yemen). + (2) Iranian persons listed.--The Iranian persons listed in + this paragraph are the following: + (A) Members of the Supreme National Security + Council. + (B) The Minister of Intelligence and Security. + (C) The Commander of the Iran's Revolutionary Guard + Corps. + (D) The Commander of the Iran's Revolutionary Guard + Corps, Qods Force. + (E) The Minister of Defense. + (F) Minister of Foreign Affairs. + (G) Any other Iranian person that the President + determines is appropriate. + (3) Report.-- + (A) In general.--The President shall submit to the + appropriate congressional committees a report that + contains-- + (i) the determinations made under paragraph + (1) together with the reasons for those + determinations; and + (ii) an identification of the Iranian + persons that the President determines are + responsible for engaging in activities + described in section 1(c) of Executive Order + 13611. + (B) Form.--A report submitted under subparagraph + (A) shall be submitted in unclassified form but may + contain a classified annex. + (b) Imposition of Sanctions.--The President shall impose the +sanctions described in section 1 of Executive Order 13611 with respect +to each Iranian person identified in the report submitted to the +appropriate congressional committees under subsection (a)(3). + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Ways and Means, and the Committee on Financial + Services of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Finance, and the Committee on Banking, + Housing, and Urban Affairs of the Senate. + (2) Entity.--The term ``entity''-- + (A) means a partnership, association, corporation, + or other organization, group, or subgroup; and + (B) includes a governmental entity. + +SEC. 6. SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS. + + (a) In General.--Beginning on and after the date that is 120 days +after the date of the enactment of this Act, the President shall impose +the sanctions described in subsection (c) on a person described in +subsection (b). + (b) Persons Described.--A person described in this subsection is a +foreign person that the President determines knowingly provides +significant financial, material, or technological support for-- + (1) Ansar Allah in Yemen; + (2) a person designated pursuant to an applicable Executive + order; + (3) a person that the President determines is in violation + of an applicable United Nations Security Council resolution; + (4) an Iranian person identified in the report submitted to + the appropriate congressional committees under section 5(a)(3); + or + (5) a foreign person owned or controlled by a foreign + person described in paragraphs (1) through (4). + (c) Imposition of Sanctions.--The sanctions to be imposed on a +person described in subsection (b) are the following: + (1) In general.--The President shall exercise all of the + powers granted to the President under the International + Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the + extent necessary to block and prohibit all transactions in + property and interests in property of the person if such + property and interests in property are in the United States, + come within the United States, or are or come within the + possession or control of a United States person. + (2) Aliens ineligible for visas, admission, or parole.-- + (A) In general.--An alien who the Secretary of + State or the Secretary of Homeland Security determines + is a foreign person described in subsection (b) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (B) Current visas revoked.-- + (i) In general.--Any visa or other + documentation issued to an alien who is a + foreign person described in subsection (b), + regardless of when such visa or other + documentation was issued, shall be revoked and + such alien shall be denied admission to the + United States. + (ii) Effect of revocation.--A revocation + under clause (i)-- + (I) shall take effect immediately; + and + (II) shall automatically cancel any + other valid visa or documentation that + is in the possession of the alien who + is the subject of such revocation. + (3) Exception to comply with united nations headquarters + agreement.--Sanctions under paragraph (2) shall not apply to an + alien if admitting the alien into the United States is + necessary to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations. + (4) Penalties.--The penalties provided for in subsections + (b) and (c) of section 206 of the International Emergency + Economic Powers Act (50 U.S.C. 1705) shall apply to a person + that knowingly violates, attempts to violate, conspires to + violate, or causes a violation of regulations promulgated under + subsection (f) to carry out paragraph (1) of this subsection to + the same extent that such penalties apply to a person that + commits an unlawful act described in section 206(a) of such + Act. + (d) Implementation Authority.--The President may exercise all +authorities provided to the President under sections 203 and 205 of the +International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) +for purposes of carrying out this Act. + (e) Regulatory Authority.--The President shall, not later than 120 +days after the date of the enactment of this Act, promulgate +regulations as necessary for the implementation of this Act. + (f) Definitions.--In this section: + (1) Admitted; alien.--The terms ``admitted'' and ``alien'' + have meanings given those terms in section 101 of the + Immigration and Nationality Act (8 U.S.C. 1101). + (2) Applicable executive order.--The term ``applicable + Executive order'' means-- + (A) Executive Order 13611 (50 U.S.C. 1701 note; + relating to Blocking Property of Persons Threatening + the Peace, Security, or Stability of Yemen); or + (B) any Executive order adopted on or after the + date of the enactment of this Act, to the extent that + such Executive order authorizes the imposition of + sanctions on persons for conduct with respect to Yemen. + (3) Applicable united nations security council + resolution.--The term ``applicable United Nations Security + Council resolution'' means-- + (A) United Nations Security Council Resolution + 2216; or + (B) any United Nations Security Council resolution + adopted on or after the date of the enactment of this + Act that authorizes the imposition of sanctions on + persons for conduct with respect to Yemen. + (4) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Ways and Means, the Committee on the Judiciary, and + the Committee on Financial Services of the House of + Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Banking, Housing, and Urban Affairs, and + the Committee on the Judiciary of the Senate. + (5) Entity.--The term ``entity''-- + (A) means a partnership, association, corporation, + or other organization, group, or subgroup; and + (B) includes a governmental entity. + (6) Foreign person.--The term ``foreign person'' means-- + (A) an individual who is not a United States person + or an alien lawfully admitted for permanent residence + into the United States; or + (B) a corporation, partnership, or other entity + which is not a United States person. + (7) Person.--The term ``person'' means an individual or + entity. + (8) United states person.--The term ``United States + person'' means a United States citizen, permanent resident + alien, entity organized under the laws of the United States + (including foreign branches), or a person in the United States. + +SEC. 7. REPORT ON IRANIAN ACTIVITIES IN YEMEN. + + (a) Report.--Not later than 60 days after the date of the enactment +of this Act, and every 180 days thereafter for a period not to exceed 5 +years, the President shall submit to the appropriate congressional +committees a report on Iranian activities in Yemen. + (b) Matters To Be Included.--The report required by subsection (a) +shall include a description of the following: + (1) Iran's support for certain Yemeni militias or political + parties, including weapons, financing, training, and other + forms of material support including media and communications + support. + (2) A list of referrals to the relevant United Nations + Security Council sanctions committees by the United States + Permanent Representative to the United Nations. + (c) Form.--The President may submit the report required by +subsection (a) in classified form if the President determines that it +is necessary for the national security interests of the United States +to do so. + (d) Definition.--In this section, the term ``appropriate +congressional committees'' means-- + (1) the Committee on Foreign Affairs, the Committee on + Armed Services, the Committee on Ways and Means, and the + Committee on Financial Services of the House of + Representatives; and + (2) the Committee on Foreign Relations, the Committee on + Armed Services, the Committee on Finance, and the Committee on + Banking, Housing, and Urban Affairs of the Senate.","Houthis and Iran Sanctions Accountability Act of 2017 This bill continues certain sanctions blocking the property of persons threatening the peace or stability of Yemen. The President shall: determine and report to Congress whether certain Iranian persons are threatening Yemen's peace or stability, and if so, impose property blocking sanctions against each identified person; and impose property blocking and visa sanctions on foreign persons or entities that knowingly provide significant financial, material, or technological support for Ansar Allah in Yemen (also known as the Houthis) and certain other persons and entities. ",Houthis and Iran Sanctions Accountability Act of 2017," The ""Houthis and Iran Sanctions Accountability Act of 2017"" is an Act that aims to condemn Iranian activities in Yemen that violate United Nations Security Council Resolution 2216 (2015). It calls for all responsible countries to take necessary measures against Iran, including interdiction of Iranian weapons to the Houthis and application of sanctions against Iran for its violations of UN Security Council Resolution 2216. The Act also requires the President to determine whether certain Iranian persons are responsible for engaging in activities that threaten the peace, security, or stability of Yemen, and to impose sanctions on those identified as responsible. Furthermore, it requires the President to impose sanctions on foreign persons who provide significant financial, material, or technological support for designated entities or individuals in Yemen or Iran. The Act also mandates reports on Iranian activities in Yemen every six months for five years." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Skilled Workforce Enhancement Act of +1998''. + +SEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED + METALWORKING TRADES. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 (relating to business-related +credits) is amended by adding at the end the following new section: + +``SEC. 45D. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED + METALWORKING TRADES. + + ``(a) General Rule.--For purposes of section 38, the highly skilled +metalworking trades training credit determined under this section is an +amount equal to 80 percent of the training expenses paid or incurred by +the taxpayer during the training period with respect to each qualified +trained employee of the taxpayer. Twenty percent of the credit +determined under the preceding sentence shall be taken into account +under section 38 for each of the first 5 taxable years after the +taxable year in which the training period ends. + ``(b) Limitations.-- + ``(1) Maximum credit per employee.--The total amount of + credit determined under this section with respect to each + qualified trained employee for all taxable years shall not + exceed $100,000. + ``(2) Employer must be small employer.--Training expenses + may be taken into account under subsection (a) only if the + taxpayer is a small employer for the taxable year in which such + expenses are paid or incurred. + ``(c) Definitions.--For purposes of this section-- + ``(1) Qualified trained employee.-- + ``(A) In general.--The term `qualified trained + employee' means any employee (or former employee) of + the taxpayer if-- + ``(i) the employee received at least 8,000 + hours of training (including on-the-job + training) from the taxpayer (or any + predecessor) during the training period as an + apprentice in any highly skilled metalworking + trade, and + ``(ii) the employee is employed by the + taxpayer in a journeyman capacity in any highly + skilled metalworking trade on a full-time basis + throughout at least the 1-year period beginning + at the end of such employee's training period. + ``(B) Highly skilled metalworking trades.--For + purposes of subparagraph (A), the term `highly skilled + metalworking trades' means the trades traditionally + recognized as such, including precision machinists, die + makers, mold makers, and tool and die designers in the + tooling and machining industry. + ``(2) Training expenses.-- + ``(A) In general.--The term `training expenses' + means wages paid or incurred to an employee of the + taxpayer for services performed in a highly skilled + metalworking trade while the employee is an apprentice + in such trade. + ``(B) Wages.--The term `wages' has the meaning + given such term by section 3401(a). + ``(3) Training period.--The term `training period' means + the period of 4 years beginning on the date that the employee + begins employment with the taxpayer as an apprentice in a + highly skilled metalworking trade. + ``(4) Small employer.-- + ``(A) In general.--The term `small employer' means, + with respect to any taxable year, any employer who + employed an average of 500 or fewer employees on + business days during such taxable year. + ``(B) Controlled groups.--For purposes of + subparagraph (A), all persons treated as a single + employer under subsection (b), (c), (m), or (o) of + section 414 shall be treated as 1 employer. + ``(d) Coordination With Other Credits.--Wages taken into account +under subsection (a) shall not be taken into account in determining the +credits under sections 51(a) and 1396(a).''. + (b) Credit Made Part of General Business Credit.--Subsection (b) of +section 38 of such Code is amended by striking ``plus'' at the end of +paragraph (11), by striking the period at the end of paragraph (12) and +inserting ``, plus'', and by adding at the end the following new +paragraph: + ``(13) the highly skilled metalworking trades training + credit determined under section 45D(a).''. + (c) Denial of Double Benefit.--Section 280C of such Code is amended +by adding at the end the following new subsection: + ``(d) Credit for Training Expenses for Employees in Highly Skilled +Metalworking Trades.--No deduction shall be allowed for that portion of +the expenses otherwise allowable as a deduction for the taxable year +which is equal to the amount of the credit determined for such taxable +year under section 45D(a).''. + (d) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 of such Code is amended by adding +at the end the following new item: + + ``Sec. 45D. Expenses for training + employees in highly skilled + metalworking trades.''. + (e) Effective Date.--The amendments made by this section shall +apply to expenses paid or incurred after the date of the enactment of +this Act in taxable years ending after such date.",Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.,Skilled Workforce Enhancement Act of 1998," The Skilled Workforce Enhancement Act of 1998 aims to provide tax credits for businesses that train employees in highly skilled metalworking trades. The Act amends the Internal Revenue Code to include a new section that allows small employers to claim a credit equal to 80% of the training expenses paid or incurred for each qualified trained employee during their training period. This credit is limited to $100,000 per employee and can be taken over five taxable years after the training period ends. The Act also denies deductions for expenses equal to the amount of the credit determined for that taxable year." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Open Fuel Standard Act of 2009'' or +the ``OFS Act''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress makes the following findings: + (1) The status of oil as a strategic commodity, which + derives from its domination of the transportation sector, + presents a clear and present danger to the United States; + (2) in a prior era, when salt was a strategic commodity, + salt mines conferred national power and wars were fought over + the control of such mines; + (3) technology, in the form of electricity and + refrigeration, decisively ended salt's monopoly of meat + preservation and greatly reduced its strategic importance; + (4) fuel competition and consumer choice would similarly + serve to end oil's monopoly in the transportation sector and + strip oil of its strategic status; + (5) the current closed fuel market has allowed a cartel of + petroleum exporting countries to inflate fuel prices, + effectively imposing a harmful tax on the economy of the United + States; + (6) much of the inflated petroleum revenues the oil cartel + earns at the expense of the people of the United States are + used for purposes antithetical to the interests of the United + States and its allies; + (7) alcohol fuels, including ethanol and methanol, could + potentially provide significant supplies of additional fuels + that could be produced in the United States and in many other + countries in the Western Hemisphere that are friendly to the + United States; + (8) alcohol fuels can only play a major role in securing + the energy independence of the United States if a substantial + portion of vehicles in the United States are capable of + operating on such fuels; + (9) it is not in the best interest of United States + consumers or the United States Government to be constrained to + depend solely upon petroleum resources for vehicle fuels if + alcohol fuels are potentially available; + (10) existing technology, in the form of flexible fuel + vehicles, allows internal combustion engine cars and trucks to + be produced at little or no additional cost, which are capable + of operating on conventional gasoline, alcohol fuels, or any + combination of such fuels, as availability or cost advantage + dictates, providing a platform on which fuels can compete; + (11) the necessary distribution system for such alcohol + fuels will not be developed in the United States until a + substantial fraction of the vehicles in the United States are + capable of operating on such fuels; + (12) the establishment of such a vehicle fleet and + distribution system would provide a large market that would + mobilize private resources to substantially advance the + technology and expand the production of alcohol fuels in the + United States and abroad; + (13) the United States has an urgent national security + interest to develop alcohol fuels technology, production, and + distribution systems as rapidly as possible; + (14) new cars sold in the United States that are equipped + with an internal combustion engine should allow for fuel + competition by being flexible fuel vehicles, and new diesel + cars should be capable of operating on biodiesel; and + (15) such an open fuel standard would help to protect the + United States economy from high and volatile oil prices and + from the threats caused by global instability, terrorism, and + natural disaster. + +SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. + + Chapter 329 of title 49, United States Code, is amended by adding +at the end the following: + +``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. + + ``(a) Definitions.--In this section: + ``(1) E85.--The term `E85' means a fuel mixture containing + 85 percent ethanol and 15 percent gasoline by volume. + ``(2) Flexible fuel automobile.--The term `flexible fuel + automobile' means an automobile that has been warranted by its + manufacturer to operate on gasoline, E85, and M85. + ``(3) Fuel choice-enabling automobile.--The term `fuel + choice-enabling automobile' means-- + ``(A) a flexible fuel automobile; or + ``(B) an automobile that has been warranted by its + manufacturer to operate on biodiesel. + ``(4) Light-duty automobile.--The term `light-duty + automobile' means-- + ``(A) a passenger automobile; or + ``(B) a non-passenger automobile. + ``(5) Light-duty automobile manufacturer's annual covered + inventory.--The term `light-duty automobile manufacturer's + annual covered inventory' means the number of light-duty + automobiles powered by an internal combustion engine that a + manufacturer, during a given calendar year, manufactures in the + United States or imports from outside of the United States for + sale in the United States. + ``(6) M85.--The term `M85' means a fuel mixture containing + 85 percent methanol and 15 percent gasoline by volume. + ``(b) Open Fuel Standard for Transportation.-- + ``(1) In general.--Except as provided in paragraph (2), + each light-duty automobile manufacturer's annual covered + inventory shall be comprised of-- + ``(A) not less than 50 percent fuel choice-enabling + automobiles in 2012, 2013, and 2014; and + ``(B) not less than 80 percent fuel choice-enabling + automobiles in 2015, and in each subsequent year. + ``(2) Temporary exemption from requirements.-- + ``(A) Application.--A manufacturer may request an + exemption from the requirement described in paragraph + (1) by submitting an application to the Secretary, at + such time, in such manner, and containing such + information as the Secretary may require by regulation. + Each such application shall specify the models, lines, + and types of automobiles affected. + ``(B) Evaluation.--After evaluating an application + received from a manufacturer, the Secretary may at any + time, under such terms and conditions, and to such + extent as the Secretary considers appropriate, + temporarily exempt, or renew the exemption of, a light- + duty automobile from the requirement described in + paragraph (1) if the Secretary determines that + unavoidable events that are not under the control of + the manufacturer prevent the manufacturer of such + automobile from meeting its required production volume + of fuel choice-enabling automobiles, including-- + ``(i) a disruption in the supply of any + component required for compliance with the + regulations; + ``(ii) a disruption in the use and + installation by the manufacturer of such + component; or + ``(iii) the failure for plug-in hybrid + electric automobiles to meet State air quality + requirements as a result of the requirement + described in paragraph (1). + ``(C) Consolidation.--The Secretary may consolidate + applications received from multiple manufactures under + subparagraph (A) if they are of a similar nature. + ``(D) Conditions.--Any exemption granted under + subparagraph (B) shall be conditioned upon the + manufacturer's commitment to recall the exempted + automobiles for installation of the omitted components + within a reasonable time proposed by the manufacturer + and approved by the Secretary after such components + become available in sufficient quantities to satisfy + both anticipated production and recall volume + requirements. + ``(E) Notice.--The Secretary shall publish in the + Federal Register-- + ``(i) notice of each application received + from a manufacturer; + ``(ii) notice of each decision to grant or + deny a temporary exemption; and + ``(iii) the reasons for granting or denying + such exemptions. + ``(c) Limited Liability Protection for Renewable Fuel and Ethanol +Manufacture, Use, or Distribution.-- + ``(1) In general.--Notwithstanding any other provision of + Federal or State law, any fuel containing ethanol or a + renewable fuel (as defined in section 211(o)(1) of the Clean + Air Act) that is used or intended to be used to operate an + internal combustion engine shall not be deemed to be a + defective product or subject to a failure to warn due to such + ethanol or renewable fuel content unless such fuel violates a + control or prohibition imposed by the Administrator under + section 211 of the Clean Air Act (42 U.S.C. 7545). + ``(2) Savings provision.--Nothing in this subsection may be + construed to affect the liability of any person other than + liability based upon a claim of defective product and failure + to warn described in paragraph (1). + ``(d) Rulemaking.--Not later than 1 year after the date of the +enactment of this section, the Secretary of Transportation shall +promulgate regulations to carry out this section.''.","Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. + +Defines ""fuel choice-enabling automobile"" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. + +Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. + +Extends limited liability protection to the use of fuel containing ethanol or renewable fuel in the operation of internal combustion engines by declaring that such fuel shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content, unless it violates a control or prohibition imposed under the Clean Air Act.","A bill to require automobile manufacturers to ensure that not less than 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel."," The Open Fuel Standard Act of 2009 aims to establish an open fuel standard for transportation in the United States to reduce dependence on petroleum resources and promote fuel competition and consumer choice. The Act requires light-duty automobile manufacturers to include a certain percentage of fuel choice-enabling automobiles in their annual covered inventory. These automobiles are defined as those that have been warranted by their manufacturers to operate on gasoline, E85 (a fuel mixture containing 85% ethanol and 15% gasoline by volume), M85 (a fuel mixture containing 85% methanol and 15% gasoline by volume), or biodiesel. The Act also provides limited liability protection for renewable fuel and ethanol manufacture, use, or distribution." +"SECTION 1. CHARITABLE CONTRIBUTIONS OF COMPUTER EQUIPMENT AND SOFTWARE + TO ELEMENTARY AND SECONDARY SCHOOLS AND TO QUALIFIED + ORGANIZATIONS PROVIDING ASSISTANCE TO INDIVIDUALS WITH + DISABILITIES. + + (a) In General.--Subsection (e) of section 170 of the Internal +Revenue Code of 1986 is amended by adding at the end the following new +paragraph: + ``(6) Special rule for contributions of computer equipment + and software used for educational purposes.-- + ``(A) Limit on reduction.--In the case of a + qualified educational contribution, the reduction under + paragraph (1)(A) shall be no greater than the amount + determined under paragraph (3)(B). + ``(B) Qualified educational contribution.--For + purposes of this paragraph, the term `qualified + educational contribution' means a charitable + contribution by a corporation of any computer software + or computer or peripheral equipment, but only if-- + ``(i) the contribution is to-- + ``(I) an educational organization + described in subsection (b)(1)(A)(ii), + ``(II) a governmental unit + described in subsection (c)(1), or + ``(III) an organization described + in section 501(c)(3) and exempt from + taxation under section 501(a), or a + governmental unit described in + subsection (c)(1), that has documented + experience and expertise at the + community level in providing training + and evaluation for information + technology services and devices to + individuals with disabilities, their + parents, family members, guardians, + advocates, or authorized + representatives, + ``(ii) the contribution is made not later + than 3 years after the date the taxpayer + acquired the property (or in the case of + property constructed by the taxpayer, the date + the construction of the property is + substantially completed), + ``(iii) substantially all of the use of the + property by the donee is for use within the + United States for educational purposes related + to the purpose or function of the organization + or unit, + ``(iv) the original use of the property + began with-- + ``(I) the donee, in the case of + property constructed by the taxpayer or + property of the taxpayer described in + section 1221(1), or + ``(II) the taxpayer, in any case + not described in subclause (I), + ``(v) the property is not transferred by + the donee in exchange for money, other + property, or services, and + ``(vi) the taxpayer receives from the donee + a written statement representing that its use + and disposition of the property will be in + accordance with the provisions of clauses (iii) + and (v). + ``(C) Donations to charity for refurbishing.-- + ``(i) In general.--For purposes of this + paragraph, a charitable contribution by a + corporation shall be treated as a qualified + education contribution if-- + ``(I) such contribution is a + contribution of any computer or + peripheral equipment to a qualified + organization, and + ``(II) the taxpayer receives from + such organization a written statement + representing that its use of the + property (and any use by the + organization or unit to which it + donates the property) meets the needs + of the donee and the requirements of + clause (v) of subparagraph (B). + ``(ii) Qualified organization.--For + purposes of clause (i), an organization is a + qualified organization if-- + ``(I) the organization is described + in section 501(c)(3) and exempt from + taxation under section 501(a), and + ``(II) a substantial part of the + business of the organization is the + repair and refurbishment of computers + or peripheral equipment and the + donation of such equipment to an + organization or unit described in + subparagraph (B)(i) for a purpose + described in subparagraph (B)(iii). + ``(D) Special rules.--For the purposes of this + paragraph-- + ``(i) Construction of property by + taxpayer.--Paragraph (4)(C) shall apply. + ``(ii) Refurbishment of property by + taxpayer.--Property that is substantially + refurbished by the taxpayer shall be treated as + property constructed by the taxpayer. + ``(E) Definitions.--For the purposes of this + paragraph-- + ``(i) Computer or peripheral equipment.-- + The term `computer or peripheral equipment' has + the meaning given such term by section + 168(i)(2)(B). + ``(ii) Computer software.--The term + `computer software' has the meaning given such + term by section 197(e)(3)(B). + ``(iii) Educational purpose.--The term + `educational purpose' includes administration + incident to providing education. + ``(iv) Disability.--The term `disability' + has the meaning given such term by section 3(2) + of the Americans with Disabilities Act of 1990. + ``(v) Information technology.--The term + `information technology' includes any computer + or peripheral equipment, computer software, + digital augmentative speech device, firmware, + and services related thereto. + ``(vi) Corporation.--The term `corporation' + has the meaning given such term by paragraph + (4)(D).'' + (b) Computer Training.--Section 170 of such Code is amended by +adding at the end the following new subsection: + ``(n) Computer Training.-- + ``(1) In general.--For purposes of this section, the term + `charitable contribution' includes a contribution by a + corporation of qualified computer training. + ``(2) Qualified computer training.-- + ``(A) In general.--For purposes of paragraph (1), + the term `qualified computer training' means training-- + ``(i) provided by the taxpayer in the use + of computer software or any computer or + peripheral equipment (as defined in subsection + (e)(6)(E)) contributed to the donee by the + taxpayer for a purpose described in subsection + (e)(6)(B)(iii), + ``(ii) provided to an individual employed + by an organization or unit described in + subsection (e)(6)(B)(i), and + ``(iii) for which the taxpayer receives + from the donee a written statement representing + that the training is not in exchange for money, + other property, or services. + ``(B) Time limitation.--Not more than 8 hours of + training may be taken into account under subparagraph + (A) with respect to each contribution. + ``(C) Valuation.--For the purpose of this + subsection, the value of the time of an individual who + provides computer training shall be based on the usual + wage rate of the individual.'' + (c) Contribution of Digital Augmentative Speech Devices for Use by +Individuals With Disabilities.--Subsection (e) of section 170 of the +Internal Revenue Code of 1986, as amended by subsection (a) of this +section, is further amended by adding at the end the following new +paragraph: + ``(7) Special rule for contributions of digital + augmentative speech devices.-- + ``(A) Limit on reduction.--In the case of a + contribution or gift of a digital augmentative speech + device to an entity described in subparagraph (B)-- + ``(i) the reduction under paragraph (1)(A) + shall be no greater than the amount determined + under paragraph (3)(B), and + ``(ii) qualified training in the use of + such device shall be treated as a charitable + contribution for purposes of this section. + ``(B) Entity described.--An entity is described in + this subparagraph if the entity is-- + ``(i) described in section 501(c)(3) and + exempt from taxation under section 501(a), or + ``(ii) a governmental unit described in + subsection (c)(1), + that has documented experience and expertise at the + community level in providing training and evaluation + for information technology services and devices to + individuals with disabilities, their parents, family + members, guardians, advocates, or authorized + representatives. + ``(C) Qualified training.-- + ``(i) In general.--The term `qualified + training' means training in the use of a + digital augmentative speech device contributed + by the taxpayer under subparagraph (A) to an + entity described in subparagraph (B) that is -- + ``(I) provided by the taxpayer, + ``(II) provided to an individual + employed by such entity, and + ``(III) for which the taxpayer + receives from the donee a written + statement representing that the + training meets the requirements of + subparagraph (D). + ``(D) Limitations.-- + ``(i) Exchange for money, etc.-- + Subparagraph (A) shall not apply to property or + training donated under this paragraph if such + property is transferred by the donee in + exchange for money, other property, or + services. + ``(ii) Time and valuation.--Subparagraphs + (B) and (C) of paragraph (6) shall apply to + training subject to this subparagraph. + ``(E) Definitions.--For purposes of this paragraph, + the terms `disability' and `information technology' + have the meaning given such terms by subsection + (e)(6)(E).'' + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 1996. + +SEC. 2. REPORT ON EFFECTIVENESS OF CHARITABLE CONTRIBUTIONS OF + COMPUTERS AND SOFTWARE IN MEETING EDUCATIONAL NEEDS OF + STUDENTS. + + Not later than December 31, 1998, the Comptroller General of the +United States shall conduct a study on the effectiveness of the +enhanced charitable contribution under section 170(e)(6) of the +Internal Revenue Code of 1986 (as amended by section 1 of this Act) in +meeting educational needs of students in the United States. The +Comptroller General shall submit the report to the Committee on Ways +and Means of the House of Representatives and the Committee on Finance +of the Senate. + +SEC. 3. DONATIONS TO UNDERPRIVILEGED SCHOOLS. + + It is the sense of Congress that one of the main purposes of the +enhanced charitable deduction under section 170(e)(6) of the Internal +Revenue Code of 1986 (as amended by section 1 of this Act) is to +encourage the donation of computer equipment and software to-- + (1) schools serving low income communities; + (2) schools whose fiscal year budgets are below the + applicable State-wide norm; and + (3) schools at which student test scores are substantially + below the State-wide norm.","Amends the Internal Revenue Code to set forth a special rule for the donation by a corporation, as a charitable deduction, of computer equipment and software, as well as related training, to elementary and secondary schools and to qualified organizations providing assistance to disabled individuals. Directs the Comptroller General to report concerning such deductions. +Expresses the sense of the Congress that one of the main purposes of such enhanced charitable deduction is to encourage the donation of computer equipment and software to: (1) schools serving low income communities; (2) schools with budgets below applicable norms; and (3) schools with student test scores below the norm.","To amend the Internal Revenue Code of 1986 to allow companies to donate computer equipment and software, and training related thereto, to elementary and secondary schools for use in their educational programs, and for other purposes."," This text discusses amendments to Section 170 of the Internal Revenue Code of 1986 to enhance charitable contributions of computer equipment and software to elementary and secondary schools and qualified organizations assisting individuals with disabilities. The amendments include special rules for qualified educational contributions, computer training contributions, and contributions of digital augmentative speech devices for individuals with disabilities. The study on the effectiveness of these enhanced charitable contributions in meeting educational needs of students is to be conducted by the Comptroller General of the United States by December 31, 1998. Additionally, it is the sense of Congress that one of the main purposes of these enhanced deductions is to encourage donations to underprivileged schools." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Legacy IRA Act''. + +SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR + CHARITABLE PURPOSES. + + (a) In General.--Paragraph (8) of section 408(d) of the Internal +Revenue Code of 1986 (relating to tax treatment of distributions) is +amended to read as follows: + ``(8) Distributions for charitable purposes.-- + ``(A) In general.--No amount shall be includible in + gross income by reason of a qualified charitable + distribution. + ``(B) Limitations.-- + ``(i) In general.--The aggregate amount + excluded from gross income by subparagraph (A) + for a taxable year shall not exceed $400,000. + ``(ii) Organization and entity specific + limitations.--The amount excluded from gross + income by subparagraph (A) for a taxable year + shall not exceed-- + ``(I) $100,000, in the case of any + distribution described in subparagraph + (C)(i)(I), and + ``(II) $400,000, in the case of any + distribution described in subparagraph + (C)(i)(II). + ``(C) Qualified charitable distribution.--For + purposes of this paragraph, the term `qualified + charitable distribution' means any distribution from an + individual retirement account-- + ``(i) which is made directly by the + trustee-- + ``(I) to a specified charitable + organization, or + ``(II) to a split-interest entity, + and + ``(ii) which is made on or after the date + that the individual for whose benefit the + account is maintained has attained-- + ``(I) in the case of any + distribution described in clause + (i)(I), age 70\1/2\, and + ``(II) in the case of any + distribution described in clause + (i)(II), age 65. + ``(D) Special rules relating to distributions.--For + purposes of this paragraph-- + ``(i) Distribution must be otherwise + includible.--A distribution from an individual + retirement account shall be treated as a + qualified charitable distribution only to the + extent that the distribution would be + includible in gross income without regard to + subparagraph (A). + ``(ii) Limitation on income interests.--A + distribution from an individual retirement + account to a split-interest entity may only be + treated as a qualified charitable distribution + if-- + ``(I) no person holds an income + interest in the split-interest entity + other than the individual for whose + benefit such account is maintained, the + spouse of such individual, or both, and + ``(II) the income interest in the + split-interest entity is nonassignable. + ``(iii) Contributions must be otherwise + deductible.--A distribution from an individual + retirement account to a specified charitable + organization may be treated as a qualified + charitable distribution only if-- + ``(I) in the case of a distribution + to a charitable remainder annuity trust + or a charitable remainder unitrust, a + deduction for the entire value of the + remainder interest in the distribution + for the benefit of a specified + charitable organization would be + allowable under section 170 (determined + without regard to subsection (b) + thereof and this paragraph), and + ``(II) in the case of a charitable + gift annuity, a deduction in an amount + equal to the amount of the distribution + reduced by the value of the annuity + described in section 501(m)(5)(B) would + be allowable under section 170 + (determined without regard to + subsection (b) thereof and this + paragraph). + ``(E) Specified charitable organization defined.-- + For purposes of this paragraph, the term `specified + charitable organization' means an organization + described in section 170(b)(1)(A) (other than any + organization described in section 509(a)(3) or any fund + or account described in section 4966(d)(2)). + ``(F) Split-interest entity defined.--For purposes + of this paragraph, the term `split-interest entity' + means-- + ``(i) a charitable remainder annuity trust + (as defined in section 664(d)(1)), but only if + such trust is funded exclusively by a qualified + charitable distribution, + ``(ii) a charitable remainder unitrust (as + defined in section 664(d)(2)), but only if such + unitrust is funded exclusively by one or more + qualified charitable distributions, or + ``(iii) a charitable gift annuity (as + defined in section 501(m)(5)), but only if such + annuity is funded exclusively by a qualified + charitable distribution and commences fixed + payments of 5 percent or greater not later than + one year from date of funding. + ``(G) Special rules.-- + ``(i) Charitable remainder trusts.-- + Notwithstanding section 664(b), distributions + made from a trust described in clause (i) or + (ii) of subparagraph (F) shall be treated as + ordinary income in the hands of the beneficiary + to whom is paid the annuity described in + section 664(d)(1)(A) or the payment described + in section 664(d)(2)(A). + ``(ii) Charitable gift annuities.-- + Qualified charitable distributions made for a + charitable gift annuity shall not be treated as + an investment in the contract for purposes of + section 72(c). + ``(iii) Application of section 72.-- + Notwithstanding section 72, in determining the + extent to which a distribution is a qualified + charitable distribution, the entire amount of + the distribution shall be treated as includible + in gross income without regard to subparagraph + (A) to the extent that such amount does not + exceed the aggregate amount which would have + been so includible if all amounts in all + individual retirement plans of the individual + were distributed during the taxable year and + all such plans were treated as 1 contract for + purposes of determining under section 72 the + aggregate amount which would have been so + includible. Proper adjustments shall be made in + applying section 72 to other distributions in + such taxable year and subsequent taxable years. + ``(iv) Determining deduction under section + 170.--Qualified charitable distributions shall + not be taken into account in determining the + deduction under section 170. + ``(v) Required minimum distributions.--The + entire amount of a qualified charitable + distribution shall be taken into account for + purposes of section 401(a)(9). + ``(H) Termination with respect to split-entities.-- + Subparagraph (A) shall not apply to a distribution to a + split-interest entity after December 31, 2020.''. + (b) Effective Date.--The amendment made by this section shall apply +to distributions made in taxable years ending after the date of the +enactment of this Act.","Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.) ",Legacy IRA Act," The Legacy IRA Act aims to amend section 408(d) of the Internal Revenue Code of 1986 to allow for tax-free distributions from individual retirement accounts for charitable purposes. The act specifies that no amount shall be included in gross income by reason of a qualified charitable distribution. It sets limits on the aggregate amount excluded from gross income by subparagraph for a taxable year. The act defines ""qualified charitable distribution"" as any distribution from an individual retirement account made directly by the trustee to a specified charitable organization or a split-interest entity on or after the date that the individual for whose benefit the account is maintained has attained age 70½ or age 65. The act also includes special rules relating to distributions, specified charitable organizations, split-interest entities, and other provisions." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Promoting Financial Literacy and +Economic Opportunity Act of 2015''. + +SEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE + ECONOMIC AND FINANCIAL LITERACY. + + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 (relating to business-related +credits) is amended by adding at the end the following new section: + +``SEC. 45S. EXCELLENCE IN ECONOMIC EDUCATION. + + ``(a) General Rule.--In the case of an eligible for profit +organization, for purposes of section 38, the excellence in economic +education credit determined under this section for a taxable year is 50 +percent of the amount paid or incurred during the taxable year to carry +out the purposes specified in section 5533(b) of the Elementary and +Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a +qualified program. + ``(b) Limitation on Number of Credit Recipients.-- + ``(1) In general.--The excellence in economic education + credit determined under this section for a taxable year may be + allowed to not more than 20 for profit organizations in + accordance with paragraph (2). + ``(2) Credit award by secretary.-- + ``(A) In general.--The Secretary (in consultation + with the Secretary of Education) shall determine which + for profit organizations are allowed the credit under + this section for a taxable year in such manner as the + Secretary determines appropriate. + ``(B) Majority of recipients must be mwosbs, owned + by veterans, or meet asset test.--In carrying out + subparagraph (A), the majority of the taxpayers allowed + a credit under paragraph (1) for a taxable year shall + be entities that are-- + ``(i) either-- + ``(I) a socially and economically + disadvantaged small business concern + (as defined in section 8(a)(4)(A) of + the Small Business Act (15 U.S.C. + 637(a)(4)(A))), + ``(II) a small business concern + owned and controlled by women (as + defined under section 3(n) of such Act + (15 U.S.C. 632(n))), or + ``(III) a small business concern + (as so defined) that is at least 51 + percent owned by veterans (as defined + in section 101(2), United States Code), + or + ``(ii) on the first day of the taxable year + do not have more than $60,000,000,000 in + assets. + ``(C) Priority.--In making determinations under + this paragraph, the Secretary shall give priority to + taxpayers that have qualified programs which serve + either urban or rural underserved areas (determined on + the basis of the most recent United States census data + available). + ``(c) Limitations Relating to Expenditures.-- + ``(1) Direct activity.--25 percent of the amount allowed as + a credit under subsection (a) shall be for amounts paid or + incurred for direct activities (as defined in section + 5533(b)(1) of the Elementary and Secondary Education Act of + 1965 (20 U.S.C. 7267b(b)(1))). + ``(2) Subgrants.--75 percent of the amount allowed as a + credit under subsection (a) shall be for amounts paid or + incurred for subgrants (as defined in section 5533(b)(2) of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. + 7267b(b)(1))), determined by treating amounts so paid or + incurred as funds made available through a grant. + ``(d) Definitions and Special Rules.--For purposes of this +section-- + ``(1) Qualified program.--The term `qualified program' + means a program in writing under which an eligible for profit + organization awards one or more grants for the purpose of + carrying out the objectives of promoting economic and financial + literacy, as specified in section 5532 of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet + the requirements of section 5533b of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7267b). + ``(2) Eligible for profit organization.--The term `eligible + for profit organization' means with respect to a taxable year, + an organization that-- + ``(A) has a qualified program in effect for the + taxable year, and + ``(B) has been determined by the Secretary under + subsection (b)(2) to be an organization to whom the + credit is allowed for the taxable year. + ``(3) Determination of assets.--For purposes of paragraph + (2)(B), in determining assets, the Secretary shall use the same + method used by the Board of Governors of the Federal Reserve + System to determine a bank holding company's consolidated + assets under section 165 of the Financial Stability Act of 2010 + (12 U.S.C. 5365). + ``(4) Election not to claim credit.--This section shall not + apply to a taxpayer for any taxable year if such taxpayer + elects to have this section not apply for such taxable year. + ``(5) Coordination with other deductions or credits.--The + amount of any deduction or credit otherwise allowable under + this chapter for any amount taken into account for purposes of + subsection (a) shall be reduced by the credit allowed by this + section. + ``(e) Regulations.--The Secretary shall issue such regulations or +other guidance as may be necessary or appropriate to carry out this +section.''. + (b) Credit Made Part of General Business Credit.--Subsection (b) of +section 38 of the Internal Revenue Code of 1986 is amended by striking +``plus'' at the end of paragraph (35), by striking the period at the +end of paragraph (36) and inserting ``, plus'', and by adding at the +end the following new paragraph: + ``(37) the excellence in economic education credit + determined under section 45S(a).''. + (c) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 of the Internal Revenue Code of +1986 is amended by adding at the end the following new item: + +``Sec. 45S. Excellence in economic education.''. + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after the date of the enactment of +this Act.","Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50% of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51% owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas. ",Promoting Financial Literacy and Economic Opportunity Act of 2015," The Promoting Financial Literacy and Economic Opportunity Act of 2015 aims to promote economic and financial literacy through tax credits for eligible for-profit organizations that provide programs to students. The act amends the Internal Revenue Code to include a new section that allows for a tax credit for excellence in economic education. This credit is available to for-profit organizations that have a qualified program promoting economic and financial literacy. The credit is limited to 20 organizations per year, with priority given to those that serve urban or rural underserved areas. The credit amount is determined by the percentage of direct activities and subgrants related to the program. The act applies to taxable years beginning after its enactment." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``San Francisco Old Mint Commemorative +Coin Act''. + +SEC. 2. FINDINGS. + + The Congress hereby finds as follows: + (1) The Granite Lady played an important role in the history of + the Nation. + (2) The San Francisco Mint was established pursuant to an Act + of Congress of July 3, 1852, to convert miners' gold from the + California gold rush into coins. + (3) The San Francisco Old Mint Building was designed by + architect A.B. Mullett, who also designed the United States + Treasury Building and the Old Executive Office Building. + (4) The solid construction of the Granite Lady enabled it to + survive the 1906 San Francisco earthquake and fire, making it the + only financial institution that was able to operate immediately + after the earthquake as the treasury for disaster relief funds for + the city of San Francisco. + (5) Coins struck at the San Francisco Old Mint are + distinguished by the ``S'' mint mark. + (6) The San Francisco Old Mint is famous for having struck many + rare, legendary issues, such as the 1870-S $3 coin, which is valued + today at well over $1,000,000, and the 1894-S dime which is + comparatively rare. + (7) The San Francisco Old Mint Commemorative Coin will be the + first commemorative coin to honor a United States mint. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--Notwithstanding any other provision of law, and +in commemoration of the San Francisco Old Mint, the Secretary of the +Treasury (hereafter in this Act referred to as the ``Secretary'') shall +mint and issue the following coins: + (1) $5 gold coins.--Not more than 100,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain 90 percent gold and 10 percent alloy. + (2) $1 silver coins.--Not more than 500,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain 90 percent silver and 10 percent copper. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this Act + shall be emblematic of the San Francisco Old Mint Building, its + importance to California and the history of the United States, and + its role in rebuilding San Francisco after the 1906 earthquake and + fire. + (2) Designation and inscriptions.--On each coin minted under + this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2006''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary, after consultation with the + Commission of Fine Arts, and the Board of the San Francisco Museum + and Historical Society; and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facility.--The coins authorized under this Act shall be +struck at the San Francisco Mint to the greatest extent possible. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the 1-year period beginning on January 1, +2006. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to such + coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of such coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins minted under this Act shall +include a surcharge as follows: + (1) A surcharge of $35 per coin for the $5 coin. + (2) A surcharge of $10 per coin for the $1 coin. + (b) Distribution.--Subject to section 5134(f) of title 31, United +States Code, all surcharges received by the Secretary from the sale of +coins issued under this Act shall be promptly paid by the Secretary to +the San Francisco Museum and Historical Society for use for the +purposes of rehabilitating the Historic Old Mint in San Francisco as a +city museum and an American Coin and Gold Rush Museum. + (c) Audits.--The San Francisco Museum and Historical Society shall +be subject to the audit requirements of section 5134(f)(2) of title 31, +United States Code, with regard to the amounts received by the Fund +under subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual 2 commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. + +SEC. 8. TECHNICAL CORRECTION. + + Notwithstanding the fifth sentence of section 5112(d)(1) of title +31, United States Code, the Secretary of the Treasury may continue to +issue, after December 31, 2005, numismatic items that contain 5-cent +coins minted in the years 2004 and 2005. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.","San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. + + Sets forth: (1) coin specifications; (2) design requirements; and (3) guidelines for coin sales. + + Requires a surcharge of $35 for the $5 coin and of $10 for the $1 coin. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. Prohibits a surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under specified law. Permits the Secretary of the Treasury to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.","To require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, otherwise known as the ""Granite Lady"", and for other purposes."," The San Francisco Old Mint Commemorative Coin Act aims to commemorate the San Francisco Old Mint Building through the minting and issuance of coins. The coins will be available in $5 gold and $1 silver denominations, with a maximum mintage of 100,000 $5 coins and 500,000 $1 coins. The design of the coins will be emblematic of the San Francisco Old Mint Building and its significance to California and U.S. history. The coins will be issued in uncirculated and proof qualities and struck at the San Francisco Mint. The sale price will include a surcharge, with $35 per coin for the $5 coin and $10 per coin for the $1 coin. All surcharges received from the sale will be paid to the San Francisco Museum and Historical Society for rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum." +"SECTION 1. WHISTLEBLOWER PROTECTION. + + (a) Definitions.--In this section: + (1) Air carrier.--The term ``air carrier'' has the meaning + given that term in section 40102 of title 49, United States + Code. + (2) Covered proceeding.--The term ``covered proceeding'' + means a proceeding conducted by the Secretary of Transportation + or the Administrator of the Federal Aviation Administration to + carry out a function of the Department of Transportation. + (3) Employee.--The term ``employee'' means-- + (A) an applicant that applies for employment by an + air carrier, employee, or former employee of an air + carrier; and + (B) includes a contractor or subcontractor of the + Federal Aviation Administration carrying out a function + of the Department of Transportation or of a contractor + or subcontractor of an air carrier. + (4) Related action.--The term ``related action'' means the + actions of an employee to-- + (A) notify an employer or the Secretary of + Transportation of an alleged violation of title 49, + United States Code; + (B) refuse to engage in any practice that the + employee reasonably believes constitutes a violation of + law (including a rule or regulation); + (C) testified before Congress or at any Federal or + State proceeding regarding any provision of title 49, + United States Code; + (D) commences, acts with the intention of + commencing, or causes to be commenced a proceeding + under title 49, United States Code; + (E) testified or is about to testify in any such + proceeding; or + (F) assisted or participated or is about to + participate in any manner in such a proceeding or in + any other manner in such a proceeding or in any other + action to carry out the purposes of title 49, United + States Code. + (b) Whistleblower Protection.-- + (1) Limitation on liability.--No employee shall be liable + by reason of an activity described in subparagraph (A), (B), or + (C) of paragraph (2). + (2) Employees described.--An employee described in this + paragraph is an employee who, in a manner consistent with + applicable law-- + (A) commences, acts with the intention of + commencing, or causes to be commenced a covered + proceeding; + (B) testifies or acts with the intention of + testifying at a covered proceeding or with respect to a + related action; + (C) assists with or participates in or acts with + the intention of assisting or participating in a + covered proceeding; or + (D) carries out a related action. + (3) Refusal to violate law.--No employee shall be liable + for refusing to violate or assist in the violation of any law + (including any rule or regulation) in the course of employment, + if the refusal is based on a reasonable belief that the law + would be violated. + (4) Prohibition on discrimination.--No air carrier, + contractor, or subcontractor covered under this section may + discriminate against an employee described in paragraph (2). + (c) Procedures and Penalties.-- + (1) Filing of complaints and procedures.-- + (A) In general.--An employee alleging + discrimination (including discharge, discipline, or + reassignment) in violation of subsection (b) or another + person at the employee's request, may file a complaint + with the Secretary of Labor not later than 180 days + after the alleged violation occurs. + (B) Procedures.-- + (i) In general.--The Secretary of Labor may + issue a subpoena for the attendance and + testimony of any person and the production of + documentary or other evidence from any person + if the testimony or production requested is not + unduly burdensome and appears reasonably + calculated to lead to the discovery of + admissible evidence. + (ii) Procedures.--Subject to paragraph (4), + in carrying out this subsection, the Secretary + of Labor shall, with respect to a complaint + described in subparagraph (A), use the same + procedures for filing complaints, conducting + investigations, holding hearings, and issuing + orders as are applicable to drivers of + commercial motor vehicles under section + 31105(b) of title 49, United States Code. + (C) Burden of proof.-- + (i) In general.--The Secretary of Labor + shall dismiss a complaint filed under + subparagraph (A), and shall not conduct the + investigation or provide relief after + completion of the procedures required under + subparagraph (B), unless the complainant has + made a prima facie showing that any behavior + described in subsection (b) (2) or (3) was a + contributing factor in the discrimination + (including discharge or discipline) alleged in + the complaint. + (ii) Demonstration by employer.-- + Notwithstanding a finding by the Secretary that + the complainant has made a showing required + under clause (i), no investigation required or + relief available under subparagraph (B) shall + be carried out or made available if the + employer demonstrates, by clear and convincing + evidence, that it would have taken the same + unfavorable personnel action for legitimate, + independent reasons in the absence of such + behavior. + (D) Penalties.--The penalties contained in section + 31105(b) of title 49, United States Code, shall apply + to persons who violate subsection (b) of this section + in the same manner as those penalties apply to persons + who violate section 31105(a) of title 49, United States + Code. + (2) Judicial review and venue.--A person adversely affected + by an order issued pursuant to paragraph (1)(B) may seek + judicial review in the same manner as is prescribed in section + 31105(c) of title 49, United States Code. The court in issuing + any final order under this paragraph may award costs of + litigation (including reasonable attorney and expert witness + fees) to any party whenever the court determines such award is + appropriate. + (3) Civil actions.--If a person fails to comply with an + order issued pursuant to paragraph (1), the Secretary of Labor + shall bring a civil action to enforce the order in the district + court of the United States for the judicial district in which + the violation occurred. + (4) Alternative procedures.--Upon filing a complaint under + this subsection, with the mutual consent of the parties, the + Secretary of Labor may provide for mediation or arbitration in + a manner consistent with applicable law, in lieu of conducting + a hearing and issuing an order under the procedures contained + in section 31105(b) of title 49, United States Code. + +SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES. + + Section 347(b)(1) of the Department of Transportation and Related +Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) +is amended by inserting before the semicolon at the end the following: +``, including the provisions for investigation, adjudication, and +enforcement as provided for in chapters 12 and 77 of title 5, United +States Code''. + +SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES. + + (a) Prohibition.-- + (1) In general.--No employer may spend funds to implement + or enforce the agreements in Standard Forms 312 and 4355 of the + Federal Government or any other nondisclosure policy, form, or + agreement if such policy, form, or agreement does not contain + the following statement: ``These provisions are consistent with + and do not supersede, conflict with, or otherwise alter the + employee obligations, rights, or liabilities created by + Executive Order No. 12958; section 7211 of title 5, United + States Code (governing disclosures to Congress); section 1034 + of title 10, United States Code, (governing disclosures to + Congress by members of the military); section 2302(b)(8) of + title 5, United States Code (governing disclosures of + illegality, waste, fraud, abuse, or public health or safety + threats); the Intelligence Identities Protection Act of 1982 + (50 U.S.C. 421 et seq.) (governing disclosures that could + expose confidential Government agents); and the statutes which + protect against disclosures which may compromise the national + security, including sections 641, 793, 794, 798, and 952 of + title 18, United States Code, and section 4(b) of the + Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The + definitions, requirements, obligations, rights, sanctions, and + liabilities created by such Executive order and such provisions + are incorporated into this Agreement and are controlling.''. + (2) Intelligence activities.--Notwithstanding the paragraph + (1), a nondisclosure policy, form, or agreement that is to be + executed by a person connected with the conduct of an + intelligence or intelligence-related activity, other than an + employee or officer of the United States Government, may + contain provisions appropriate to the particular activity for + which such document is to be used. Such form or agreement + shall, at a minimum, require that the person will not disclose + classified information received in the course of such activity + unless specifically authorized to do so by the United States + Government. + (3) Violations of law.--Nondisclosure agreements or forms + described in paragraph (1) shall clarify that such agreements + do not bar disclosures to Congress or to an authorized official + of an executive agency or the Department of Justice that are + essential to reporting a substantial violation of law. + (b) Civil Actions.--An employee, former employee, or applicant for +employment to which this section applies may, with respect to an action +for a violation of section 7211 or 7212 of title 49, United States +Code, that is taken, threatened, or proposed to be taken against such +employee, former employee, or applicant for employment, bring a civil +action for a jury trial in the appropriate district court of the United +States for relief. + (c) Procedures.--In any action brought under subsection (b)-- + (1) the matter shall be reviewed de novo by the court; and + (2) the proceeding shall be governed by the legal burdens + of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, + United States Code.","Provides for whistleblower protections for airline employees. +(Sec. 1) Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration (FAA) or of an air carrier) shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action; or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination (including discharge, discipline, or reassignment) in violation of this Act. +Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. +(Sec. 2) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. +(Sec. 3) Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity (other than a Government employee or officer) to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. +Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. +Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate U.S. district court.","A bill to protect employees of air carriers who serve as whistleblowers under applicable Federal law, or who refuse to violate an applicable law, and for other purposes."," This text discusses whistleblower protection for air carriers and Federal Aviation Administration (FAA) employees. It outlines definitions, such as ""covered proceeding"" and ""related action,"" and explains that employees cannot be held liable for certain actions related to whistleblowing. The text also covers procedures for filing complaints, penalties for violations, and judicial review processes. Additionally, it prohibits overly broad restrictions on disclosures and outlines civil actions for violations of specific laws." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Pay Stub Disclosure Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The lack of a Federal requirement to provide employees + with pay stubs indicating how their pay is calculated or to + allow employee inspections of employers' payroll records + significantly impedes efforts to identify and challenge wage + and hour violations. + (2) In a survey of 4,387 low-wage workers in New York, Los + Angeles, and Chicago, more than a quarter of workers were paid + less than the minimum wage and among those who worked more than + 40 hours per week, more than three-quarters were not paid + overtime. Fifty-seven percent of these workers reported that + they did not receive a pay stub in the previous week. + (3) Some employers are increasingly engaging in practices + that make it extremely difficult for workers to calculate their + pay, including paying workers in cash or by personal checks. + (4) While the Fair Labor Standards Act of 1938 and the + regulations of the Department of Labor require employers to + keep records of employees' pay, the lack of remedies diminishes + the effectiveness of this requirement. + (5) The Supreme Court held in Anderson v. Mt. Clemens + Pottery Co. (328 U.S. 680 (1946)) that where an employer fails + to keep records that are required under the Fair Labor + Standards Act of 1938, when an employee presents sufficient + evidence of the ``amount and extent of that work'', for which + the employee was ``improperly compensated'' the burden shifts + to the employer to disprove the employee's testimony and + evidence of the hours the employee worked and how much he or + she was paid. + (6) Far too many courts have failed to shift the burden to + the employer, where the employer has failed to keep records or + has kept inadequate records, instead giving the employer's + testimony equal weight to credible evidence produced by the + employee. + +SEC. 3. PAY STUB REQUIREMENTS. + + (a) Disclosure Requirements.--Section 11 of the Fair Labor +Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end +the following: + ``(e) Information To Be Disclosed to Certain Employees.-- + ``(1) Initial Disclosure.--Each employer shall provide an + initial disclosure to each employee who is not subject to the + exemptions set forth in section 13 within 15 days of the date + such employee is hired or any of the information in + subparagraphs (A) through (C) changes with respect to that + employee. Such disclosure shall include-- + ``(A) the rate or rates of pay and whether the + employee is paid by the hour, shift, day, week, or job, + or by salary, piece rate, commission, or other form of + compensation; + ``(B) the name of the employer and any other name + used by the employer to conduct business; and + ``(C) the physical address and telephone number of + the employer's main office or principal place of + business, and a mailing address if such mailing address + is different from the address of the main office or + principal place of business. + ``(2) Disclosures Required in Each Pay Stub.--Each employer + shall disclose to each employee who is not subject to the + exemptions set forth in section 13 in a pay stub provided each + pay period-- + ``(A) the pay period covered; + ``(B) the name of the employee and the last four + digits of the employee's Social Security number; + ``(C) the total hours worked by the employee, + including the number of hours worked per workweek in + the pay period; + ``(D)(i) in the case of an employee who is paid an + hourly wage, the total gross and net wages paid, and + the rate of pay for each hour worked; + ``(ii) in the case of an employee who is paid a + salary in lieu of an hourly wage, the amount of salary + paid during the pay period; + ``(iii) in the case of an employee employed at + piece rate, the number of piece-rate units earned, the + applicable piece rate, and total amount paid in + accordance with such piece rate; and + ``(iv) in the case of an employee who receives + commission or is paid on the basis of any other type of + rate, the total amount paid in commission or in + accordance with such rate and any additional + information relating to such pay as determined by the + Secretary; + ``(E) the number of overtime hours worked during + each workweek of the pay period and the hourly rate of + pay for each such overtime hour, or, in the case of an + employee employed at piece rate, the piece rate paid + for each such overtime hour; + ``(F) any additional compensation paid or benefits + provided, including an explanation of each type of + compensation or benefit; and + ``(G) any deductions, with an explanation of each + deduction, and any allowances or reimbursements, with + an explanation of each allowance or reimbursement. + ``(3) Requirements Related to Disclosure of Compensation, Benefits, +Allowances, and Reimbursements.--In disclosing the information required +to be disclosed pursuant to subparagraphs (F) and (G) of paragraph +(2)-- + ``(A) the compensation and benefits required to be + disclosed include-- + ``(i) any bonus, paid leave (including paid + vacation or personal time, paid sick leave, or any + other paid leave), or other compensation; + ``(ii) any employer contributions to health care + coverage or to a retirement account for the employee + and any transit or other benefits provided by the + employer; and + ``(iii) any additional form of pay that is required + under State or local law, or for which records are + required to be kept pursuant to State or local law, + such as reporting time pay, split shift pay, paid sick + leave, or paid family or medical leave. + ``(B) the allowances and reimbursements required to be + disclosed include any amounts paid to or reimbursed to an + employee for meals, clothing, lodging, or any other item for + which the employer makes an allowance or provides a + reimbursement; and + ``(C) the explanation for any additional compensation, + benefits, allowances, or reimbursements shall be itemized and + may not be described as `miscellaneous'. + ``(4) Form of Disclosure Required.--The pay stub required by +paragraph (2) shall be provided to an employee each pay period and may +be provided-- + ``(A) as a separate document, accompanying an employee's + pay; + ``(B) as a detachable part of a paycheck for employees + receiving a paycheck; or + ``(C) electronically, at the election of the employee, if + the employee receives his or her pay through electronic + deposit.''. + (b) Recordkeeping Requirements.--Section 11 of such Act is further +amended by adding at the end of subsection (c) the following: ``An +employer shall keep records of the information disclosed in an +employee's pay stub, as required by subsection (e), for a period of +three years from the date of issuance of each pay stub.''. + (c) Investigations and Inspections.--Section 11 of such Act is +further amended by adding at the end of subsection (a) the following: +``In the event that an employee requests an inspection of such +employee's records described in subsection (c), the employer shall +provide copies of such records for a period of up to three years prior +to such request. An employer shall comply with an employee's requests +to inspect records within 21 days of such request.''. + (d) Notice and Posting Requirement.--Section 11 of such Act is +further amended by inserting after subsection (e) (as added by +subsection (a)) the following: + ``(f)(1) Every employer subject to any provision of this Act or of +any order issued under this Act shall provide a notice to each employee +within 15 days of the date of hire that includes-- + ``(A) a description of the employee's right to + receive a pay stub and the information which the pay + stub must contain; + ``(B) the address and telephone number for the + applicable local office of the Department of Labor; and + ``(C) such additional information as the Secretary + shall require by regulation. + ``(2) In the case of employees employed by an employer on the date +of enactment of this Act, the employer shall provide the notice +described in paragraph (1) within 15 days of the effective date of the +Pay Stub Disclosure Act.''. + (e) Conforming Amendment.--The section heading of section 11 of +such Act is amended by inserting ``pay stub disclosures,'' after +``records,''. + +SEC. 4. ENFORCEMENT. + + (a) In General.--Section 16 of the Fair Labor Standards Act of 1938 +is further amended-- + (1) in subsection (b)-- + (A) by inserting after the second sentence the + following: ``An employer who violates subsections (e) + or (f) of section 11 shall be liable to the affected + employee for $50 for the initial pay period in which + such a violation occurs and $100 per employee for each + violation in a subsequent pay period, not to exceed an + aggregate of $4,000 per employee.''; and + (B) by striking ``either of the preceding + sentences'' and inserting ``any of the preceding + sentences''; + (2) in subsection (e)-- + (A) by redesignating paragraphs (3) through (5) as + paragraphs (4) through (6), respectively; and + (B) by inserting after paragraph (2) the following: + ``(3) An employer who fails to make, keep, and preserve records as +required by section 11(c), or fails to permit a current or former +employee to inspect or copy records as required by section 11(a), shall +be subject to a civil penalty of $750 per violation.''; and + (3) by adding at the end the following: + ``(f) The Secretary shall have the authority, in accordance with +inflation, to periodically increase the amounts provided for in this +section as penalties or recoverable in an action described in +subsection (b).''. + (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215) +is amended by adding at the end the following: + ``(c) In the event that an employer fails to keep sufficient +records as required by section 11(c) and any related regulations, the +employee's production of credible evidence and testimony regarding the +amount and extent of the work for which the employee was improperly +compensated shall be sufficient to create a rebuttable presumption that +the employee's records are accurate, consistent with the Supreme +Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 +(1946)).''. + +SEC. 5. DEFINITIONS. + + Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is +amended by adding at the end the following: + ``(z) `Pay stub' means a paper that itemizes in writing all wages +and deductions paid to an employee each pay period.''. + +SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE. + + (a) Regulations.--Not later than 1 year after the date of enactment +of this Act, the Secretary of Labor shall prescribe such regulations as +are necessary to carry out this Act, including a list of State and +local laws-- + (1) with requirements that are substantially similar to the + requirements of this Act; and + (2) compliance with which the Secretary may determine + satisfies the requirements of this Act. + (b) Guidance and Technical Assistance.--In order to achieve the +objectives of this Act, the Secretary of Labor-- + (1) acting through the Administrator of the Wage and Hour + Division of the Department of Labor, shall issue guidance on + compliance with this Act regarding providing the disclosures + required pursuant to this Act; and + (2) shall provide technical assistance to employers, labor + organizations, professional associations, and other interested + persons on means of achieving and maintaining compliance with + the provisions of this Act. + +SEC. 7. EFFECTIVE DATE. + + The amendments made by this Act shall take effect on the date that +is 6 months after final regulations are issued by the Secretary of +Labor and not later than 18 months after the date of enactment of this +Act.","Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act.",Pay Stub Disclosure Act," The Pay Stub Disclosure Act aims to amend the Fair Labor Standards Act of 1938 to require employers to provide employees with pay stubs that disclose specific information about their pay, benefits, allowances, reimbursements, and deductions. This act seeks to improve transparency and make it easier for employees to identify and challenge wage and hour violations. Employers who violate these requirements may be subject to penalties, while employees who produce credible evidence regarding their work hours and compensation may create a rebuttable presumption that their records are accurate." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``United States Grain Standards Act +Reauthorization Act of 2015''. + +SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. + + (a) Official Inspection and Weighing Requirements.-- + (1) Weighing requirements at export elevators.--Section + 5(a)(2) of the United States Grain Standards Act (7 U.S.C. + 77(a)(2)) is amended in the proviso by striking ``intracompany + shipments of grain into an export elevator by any mode of + transportation, grain transferred into an export elevator by + transportation modes other than barge,'' and inserting + ``shipments of grain into an export elevator by any mode of + transportation''. + (2) Disruption in grain inspection or weighing.--Section 5 + of the United States Grain Standards Act (7 U.S.C. 77) is + amended by adding at the end the following: + ``(d) Disruption in Grain Inspection or Weighing.--In the case of a +disruption in official grain inspections or weighings, including if the +Secretary waives the requirement for official inspection due to an +emergency under subsection (a)(1), the Secretary shall-- + ``(1) immediately take such actions as are necessary to + address the disruption and resume inspections or weighings; + ``(2) not later than 24 hours after the start of the + disruption in inspection or weighing, submit to the Committee + on Agriculture of the House of Representatives and the + Committee on Agriculture, Nutrition, and Forestry of the Senate + a report that describes-- + ``(A) the disruption; and + ``(B) any actions necessary to address the concerns + of the Secretary relating to the disruption so that + inspections or weighings may resume; and + ``(3) once the initial report in paragraph (2) has been + made, provide daily updates until official inspection or + weighing services at the site of disruption have resumed.''. + (b) Official Inspection Authority and Funding.-- + (1) Delegation of official inspection authority.--Section + 7(e)(2) of the United States Grain Standards Act (7 U.S.C. + 79(e)(2)) is amended-- + (A) by striking ``(2) If the Secretary'' and + inserting the following: + ``(2) Delegation of authority to state agencies.-- + ``(A) In general.--If the Secretary''; + (B) in the first sentence-- + (i) by striking ``and (A)'' and inserting + ``and (i)''; + (ii) by striking ``or (B)(i)'' and + inserting ``or (ii)(I)''; + (iii) by striking ``(ii)'' and inserting + ``(II)''; and + (iv) by striking ``(iii)'' and inserting + ``(III)''; and + (C) by adding at the end the following: + ``(B) Certification.-- + ``(i) In general.--Every 5 years, the + Secretary shall certify that each State agency + with a delegation of authority is meeting the + criteria described in subsection (f)(1)(A). + ``(ii) Process.--Not later than 1 year + after the date of enactment of the United + States Grain Standards Act Reauthorization Act + of 2015, the Secretary shall establish a + process for certification under which the + Secretary shall-- + ``(I) publish in the Federal + Register notice of intent to certify a + State agency and provide a 30-day + period for public comment; + ``(II) evaluate the public comments + received and, in accordance with + paragraph (3), conduct an investigation + to determine whether the State agency + is qualified; + ``(III) make findings based on the + public comments received and + investigation conducted; and + ``(IV) publish in the Federal + Register a notice announcing whether + the certification has been granted and + describing the basis on which the + Secretary made the decision. + ``(C) State agency requirements.-- + ``(i) In general.--If a State agency that + has been delegated authority under this + paragraph intends to temporarily discontinue + official inspection or weighing services for + any reason, except in the case of a major + disaster, the State agency shall notify the + Secretary in writing of the intention of the + State agency to do so at least 72 hours in + advance of the discontinuation date. + ``(ii) Secretarial consideration.--The + Secretary shall consider receipt of a notice + described in clause (i) as a factor in + administering the delegation of authority under + this paragraph.''. + (2) Consultation.--Section 7(f)(1) of the United States + Grain Standards Act (7 U.S.C. 79(f)(1)) is amended-- + (A) in subparagraph (A)(xi), by striking ``and'' at + the end; + (B) in subparagraph (B), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) the Secretary-- + ``(i) periodically conducts a consultation + with the customers of the applicant, in a + manner that provides opportunity for protection + of the identity of the customer if desired by + the customer, to review the performance of the + applicant with regard to the provision of + official inspection services and other + requirements of this Act; and + ``(ii) works with the applicant to address + any concerns identified during the consultation + process.''. + (3) Duration of designation authority.--Section 7(g)(1) of + the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is + amended by striking ``triennially'' and inserting ``every 5 + years''. + (4) Fees.--Section 7(j) of the United States Grain + Standards Act (7 U.S.C. 79(j)(1)) is amended-- + (A) by striking ``(j)(1) The Secretary'' and + inserting the following: + ``(j) Fees.-- + ``(1) Inspection fees.-- + ``(A) In general.--The Secretary''; + (B) in paragraph (1)-- + (i) the second sentence, by striking ``The + fees'' and inserting the following: + ``(B) Amount of fees.--The fees''; + (ii) in the third sentence, by striking + ``Such fees'' and inserting the following: + ``(C) Use of fees.--Fees described in this + paragraph''; and + (iii) by adding at the end the following: + ``(D) Export tonnage fees.--For an official + inspection at an export facility performed by the + Secretary, the portion of the fees based on export + tonnage shall be based on the rolling 5-year average of + export tonnage volumes.''; + (C) by redesignating paragraph (4) as paragraph + (5); + (D) by inserting after paragraph (3) the following: + ``(4) Adjustment of fees.--In order to maintain an + operating reserve of not less than 3 and not more than 6 + months, the Secretary shall adjust the fees described in + paragraphs (1) and (2) not less frequently than annually.''; + and + (E) in paragraph (5) (as redesignated by + subparagraph (C)), in the first sentence, by striking + ``2015'' and inserting ``2020''. + (c) Weighing Authority.--Section 7A of the United States Grain +Standards Act (7 U.S.C. 79a) is amended-- + (1) in subsection (c)(2), in the last sentence, by striking + ``subsection (g) of section 7'' and inserting ``subsections (e) + and (g) of section 7''; and + (2) in subsection (l)-- + (A) by striking ``(l)(1) The Secretary'' and + inserting the following: + ``(l) Fees.-- + ``(1) Weighing fees.-- + ``(A) In general.--The Secretary''; + (B) in paragraph (1)-- + (i) the second sentence, by striking ``The + fees'' and inserting the following: + ``(B) Amount of fees.--The fees''; + (ii) in the third sentence, by striking + ``Such fees'' and inserting the following: + ``(C) Use of fees.--Fees described in this + paragraph''; and + (iii) by adding at the end the following: + ``(D) Export tonnage fees.--For an official + weighing at an export facility performed by the + Secretary, the portion of the fees based on export + tonnage shall be based on the rolling 5-year average of + export tonnage volumes.''; + (C) by redesignating paragraph (3) as paragraph + (4); + (D) by inserting after paragraph (2) the following: + ``(3) Adjustment of fees.--In order to maintain an + operating reserve of not less than 3 and not more than 6 + months, the Secretary shall adjust the fees described in + paragraphs (1) and (2) not less frequently than annually.''; + and + (E) in paragraph (4) (as redesignated by + subparagraph (C)), in the first sentence, by striking + ``2015'' and inserting ``2020''. + (d) Limitation and Administrative and Supervisory Costs.--Section +7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended +by striking ``2015'' and inserting ``2020''. + (e) Issuance of Authorization.--Section 8(b) of the United States +Grain Standards Act (7 U.S.C. 84(b)) is amended by striking +``triennially'' and inserting ``every 5 years''. + (f) Appropriations.--Section 19 of the United States Grain +Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and +inserting ``2020''. + (g) Advisory Committee.--Section 21(e) of the United States Grain +Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and +inserting ``2020''. + +SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS. + + Not later than 180 days after the date of enactment of this Act, +the Secretary of Agriculture shall submit to the Committee on +Agriculture, Nutrition, and Forestry of the Senate, the Committee on +Agriculture of the House of Representatives, the Subcommittee on +Agriculture, Rural Development, Food and Drug Administration, and +Related Agencies of the Committee on Appropriations of the Senate, and +the Subcommittee on Agriculture, Rural Development, Food and Drug +Administration, and Related Agencies of the Committee on Appropriations +of the House of Representatives a report that describes-- + (1) the specific factors that led to disruption in Federal + inspection of grain exports at the Port of Vancouver in the + summer of 2014; + (2) any factors that contributed to the disruption referred + to in paragraph (1) that were unique to the Port of Vancouver, + including a description of the port facility, security needs + and available resources for that purpose, and any other + significant factors as determined by the Secretary; and + (3) any changes in policy that the Secretary has + implemented to ensure that a similar disruption in Federal + inspection of grain exports at the Port of Vancouver or any + other location does not occur in the future. + +SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS. + + Not later than 180 days after the date of enactment of this Act, +the Secretary of Agriculture, in consultation with the United States +Trade Representative, shall submit to the Committee on Agriculture, +Nutrition, and Forestry of the Senate and the Committee on Agriculture +of the House of Representatives a report that describes-- + (1) the policy barriers to United States grain producers in + countries the grain of which receives official grading in the + United States but which do not offer official grading for + United States grain or provide only the lowest designation for + United States grain, including an analysis of possible + inconsistencies with trade obligations; and + (2) any actions the Executive Branch is taking to remedy + the policy barriers so as to put United States grain producers + on equal footing with grain producers in countries imposing the + barriers.",". United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain. ",United States Grain Standards Act Reauthorization Act of 2015," The United States Grain Standards Act Reauthorization Act of 2015 aims to reauthorize the United States Grain Standards Act and make amendments to various sections of the Act. The Act addresses official inspection and weighing requirements at export elevators, disruptions in grain inspection or weighing, official inspection authority and funding, weighing authority, limitation and administrative costs, issuance of authorization, appropriations, and advisory committees. Additionally, it requires a report on disruption in federal inspection of grain exports at the Port of Vancouver in summer 2014 and a report on policy barriers to grain producers." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Obamacare Marriage Penalty +Elimination Act''. + +SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX + CREDIT. + + (a) In General.--Section 36B(d) of the Internal Revenue Code of +1986 is amended by adding at the end the following new paragraph: + ``(4) Elimination of marriage penalty.--In the case of a + joint return-- + ``(A) Credit determined separately with respect to + each spouse.--The credit allowed under this section + shall be sum of the two credits determined under this + section separately with respect to each spouse (as + provided under this subparagraph). + ``(B) Treatment of income of spouses.-- + ``(i) In general.--Except as provided in + clause (ii), each spouse shall take into + account the income of such spouse for purposes + of this section. + ``(ii) Income split not to result in + ineligibility for credit for either spouse.-- + If-- + ``(I) the poverty line with respect + to a spouse (determined after + application of this paragraph but + without regard to this clause) exceeds + the income taken into account by such + spouse for purposes of this section (as + so determined), and + ``(II) the income taken into + account by the other spouse for + purposes of this section (as so + determined) exceeds the sum of the + poverty line with respect to such other + spouse (as so determined) plus the + excess described in subclause (I), + the excess described in subclause (I) shall be + taken into account as income of the spouse + referred to in subclause (I) and not as income + of the spouse referred to in subclause (II). + ``(C) Treatment of dependents.-- + ``(i) In general.--Except as provided in + clause (ii), dependents of the taxpayer shall + be allocated between the two spouses at the + election of the taxpayer. For purposes of + determining the family size involved and + household income with respect to each spouse, + only such spouse and the dependents allocated + to such spouse under this subparagraph shall be + taken into account + ``(ii) Limitation on taxpayer allocation.-- + The number of dependents allocated to a spouse + under clause (i) cannot exceed the number of + dependents allocated to the other spouse by + more than 1 dependent. + ``(D) Treatment of premiums.--To the extent that + the amount of any monthly premium is determined + separately with respect to either spouse or any + dependent of the taxpayer, such premium shall be taken + into account by such spouse or the spouse to which such + dependent is allocated under subparagraph (C). In the + case of any monthly premium which is not so separately + determined, such premium may be allocated between the + two spouses at the election of the taxpayer.''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after the date of the enactment of this Act. + +SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH + INSURANCE PREMIUM TAX CREDIT. + + (a) Amendments to the Internal Revenue Code of 1986.-- + (1) In general.--Section 36B(c)(1)(A) of the Internal + Revenue Code of 1986 is amended by striking ``400 percent'' and + inserting ``the applicable percentage''. + (2) Applicable percentage.--Section 36B(c)(1) of such Code + is amended by redesignating subparagraphs (B), (C), and (D) as + subparagraphs (C), (D), and (E), respectively, and by inserting + after subparagraph (A) the following new subparagraph: + ``(B) Applicable percentage.--The term `applicable + percentage' means such percentage as the Secretary, + after consultation with the Secretary of Health and + Human Services, determines will result in a combination + of increased Federal revenues and reduced Federal + outlays which is equal to the combination of reduced + Federal revenues and increased Federal outlays as a + result of the amendments made by section 2 of the + Obamacare Marriage Penalty Elimination Act.''. + (3) Conforming amendments.-- + (A) Section 36B(b)(3)(A)(i) of such Code is amended + by inserting ``and subsection (c)(1)(A)'' after + ``Except as provided in clause (ii)''. + (B) Section 36B(f)(2)(B)(i) of such Code is amended + by striking ``400 percent'' and inserting ``the + applicable percentage (as defined in subsection + (c)(1)(B))''. + (4) Effective date.--The amendments made by this subsection + shall apply to taxable years beginning after December 31, 2015. + (b) Amendments to the Patient Protection and Affordable Care Act.-- + (1) In general.--Section 1402(b)(2) of the Patient + Protection and Affordable Care Act is amended by striking ``400 + percent'' and inserting ``the applicable percentage (as defined + in section 36B(c)(1)(B) of the Internal Revenue Code of + 1986)''. + (2) Conforming amendments.-- + (A) Section 1402(c)(1)(A) of such Act is amended by + striking ``The reduction'' and inserting ``Except as + provided in subsection (b)(2), the reduction''. + (B) Section 1402(c)(1)(B)(i) of such Act is amended + by striking ``The Secretary'' and inserting ``Except as + provided in subsection (b)(2), the Secretary''. + (3) Effective date.--The amendments made by this subsection + shall apply to months beginning after December 31, 2015.","Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act. ",Obamacare Marriage Penalty Elimination Act," The Obamacare Marriage Penalty Elimination Act aims to eliminate the marriage penalty in health insurance premium tax credit. It amends Section 36B(d) of the Internal Revenue Code to allow separate credits for each spouse on a joint return, taking into account each spouse's income for tax purposes. It also adjusts the poverty line eligibility limitation for health insurance premium tax credit. The Act applies to taxable years beginning after its enactment date and amends the Patient Protection and Affordable Care Act to reflect these changes." +"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Lebanon and Syria +Liberation Act''. + (b) Table of Contents.--The table of contents of this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. + TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA + +Sec. 101. Declarations of policy. +Sec. 102. Codification of existing sanctions. +Sec. 103. Sanctions against certain persons. +Sec. 104. Sanctions against certain foreign countries. +Sec. 105. Diplomatic efforts. +Sec. 106. Report on assistance to, and commerce with, Syria. +TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND + DEMOCRACY IN LEBANON + +Sec. 201. Declarations of policy. +Sec. 202. Assistance to support a transition to democracy in Syria and + restoration of sovereign democratic + governance in Lebanon. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on International Relations and + the Committee on Appropriations of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Appropriations of the Senate. + (2) Person.--The term ``person'' means any United States or + foreign individual, partnership, corporation, or other form of + association, or any of their successor entities, parents or + subsidiaries. + (3) Syria.--The term ``Syria'' includes any agency or + instrumentality of Syria. + (4) United states assistance.--The term ``United States + assistance'' means-- + (A) any assistance under the Foreign Assistance Act + of 1961 (22 U.S.C. 2251 et seq.), other than urgent + humanitarian assistance or medicine; + (B) sales and assistance under the Arms Export + Control Act (22 U.S.C. 2751 et seq.); + (C) financing by the Commodity Credit Corporation + for export sales of agricultural commodities; and + (D) financing under the Export-Import Bank Act of + 1945 (12 U.S.C. 635 et seq.). + + TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA + +SEC. 101. DECLARATIONS OF POLICY. + + Congress makes the following declarations of policy: + (1) The actions of the Government of the Syrian Arab + Republic, including its support for terrorism, its development + of long-range missiles and weapons of mass destruction programs + and capabilities, its continued occupation of the Lebanese + Republic in violation of its international obligations, its + support for, and facilitation of, all terrorist activities + inside of Iraq, and its massive, systematic, and extraordinary + violations of human rights of both the Syrian and Lebanese + people, are a threat to the national security interests of the + United States and international peace. + (2) The policy of the United States shall be to deny Syria + the ability to carry out the following: + (A) To finance, provide safe-haven, or otherwise + support terrorist organizations. + (B) To develop biological, chemical, or nuclear + weapons and long-range ballistic missiles. + (C) To continue to occupy and otherwise interfere + in the affairs of the Government of Lebanon in + contravention of United Nations Security Council + Resolutions 425 (1978), 426 (1978), 520 (1982), and + 1559 (2004), and other pertinent obligations. + (D) To continue to oppress the people of Syria. + (3) The President should advocate for, and should instruct + the United States Permanent Representative to the United + Nations to propose and seek within the United Nations Security + Council, a mandatory international embargo against the + Government of Syria, pursuant to Article 41 of the Charter of + the United Nations. + (4) Any effort by a country that is a recipient of United + States foreign assistance to facilitate, directly or + indirectly, the development of Syria's nuclear, biological, or + chemical weapons capabilities, long-range ballistic missile + development programs, or to help make operational any nuclear + facility in Syria will have a detrimental impact on United + States assistance to such country. + +SEC. 102. CODIFICATION OF EXISTING SANCTIONS. + + United States sanctions, controls, and regulations relating to +Syria and persons who are determined to be facilitating the Government +of Syria, as in effect on the date of the enactment of this Act, shall +remain in effect until the President certifies to the appropriate +congressional committees that-- + (1) a government exists in Syria that-- + (A) has ceased any and all support for terrorism; + (B) has permanently dismantled Syria's biological, + chemical, or nuclear weapons programs and has committed + to combat the proliferation of such weapons; + (C) has withdrawn from Lebanon and respects the + boundaries and sovereignty of all neighboring + countries; and + (D) upholds and defends human rights and civil + liberties; and + (2) sovereignty has been restored to Lebanon and there + exists a freely-elected, internationally recognized democratic + government in Lebanon. + +SEC. 103. SANCTIONS AGAINST CERTAIN PERSONS. + + (a) Prohibition.--If any person knowingly transfers or retransfers +goods or technology so as to contribute to the efforts by Syria to +acquire or develop destabilizing numbers and types of advanced +conventional weapons, or to acquire, develop, produce, or stockpile +biological, chemical, or nuclear weapons and long-range ballistic +missiles, then the sanctions described in subsection (b) shall be +imposed. + (b) Sanctions.--The sanctions to be imposed pursuant to subsection +(a) are as follows: + (1) Procurement sanction.--The United States Government + shall not procure, or enter into any contract for the + procurement of, any goods or services from the sanctioned + person. + (2) Export sanction.--The United States Government shall + not issue any license for any export by or to the sanctioned + person. + (3) Import sanction.--The President shall ban the + importation of any article that is a product of the sanctioned + person. + +SEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. + + (a) Prohibition.--If the President determines that the government +of any foreign country knowingly transfers or retransfers goods or +technology, or provides assistance, so as to contribute to the efforts +by Syria to acquire or develop destabilizing numbers and types of +advanced conventional weapons, or to acquire, develop, produce, or +stockpile biological, chemical, or nuclear weapons and long-range +ballistic missiles, then two or more of the sanctions described in +subsection (b), and the sanctions described in subsection (c), shall be +imposed. + (b) Sanctions.--The sanctions referred to in subsection (a) are as +follows: + (1) Suspension of united states assistance.--The United + States Government shall suspend United States assistance to the + sanctioned country. + (2) Export sanction.--The United States Government shall + not issue any license for any export by or to the sanctioned + country. + (3) Import sanction.--The President shall ban the + importation of any article that is a product of the sanctioned + country. + (4) International financial institution assistance.--The + Secretary of the Treasury shall instruct the United States + Executive Director at each international financial institution + (as defined in section 1701(c)(2) of the International + Financial Institutions Act) to oppose and vote against the + extension by such institution of any financial or technical + assistance to the sanctioned country. + (5) Suspension of codevelopment or coproduction + agreements.--The United States shall suspend compliance with + its obligations under any memorandum of understanding with the + sanctioned country for the codevelopment or coproduction of any + item on the United States Munitions List (established under + section 38 of the Arms Export Control Act (22 U.S.C. 2778)), + including any obligation for implementation of the memorandum + of understanding through the sale to the sanctioned country of + technical data or assistance or the licensing for export to the + sanctioned country of any component part. + (6) United states munitions list.--No item on the United + States Munitions List (established pursuant to section 38 of + the Arms Export Control Act) may be exported to the sanctioned + country. + (c) Suspension of Military and Dual-Use Technical Exchange +Agreements.--The United States shall suspend compliance with its +obligations under any technical exchange agreement involving military +and dual-use technology between the United States and the sanctioned +country that does not directly contribute to the security of the United +States, and no military or dual-use technology may be exported from the +United States to the sanctioned country pursuant to that agreement +during that period. + +SEC. 105. DIPLOMATIC EFFORTS. + + (a) Bilateral Efforts.--It is the sense of Congress that the +Secretary of State should ensure that United States diplomatic +personnel abroad understand and, in their contacts with foreign +officials, are communicating the reasons for United States policy and +sanctions against the Government of Syria, and are urging foreign +governments to cooperate more effectively with the Government of the +United States. + (b) United Nations System.--The President shall direct the United +States Permanent Representative to the United Nations, United Nations +organizations and entities, and United Nations affiliated agencies and +bodies, to continue to use the voice and vote of the United States to +oppose Syria's membership and candidacy for leadership posts in such +institutions, and engage in diplomatic efforts to secure multilateral +support for such efforts. + (c) United Nations Commission on Human Rights.--The President shall +take the necessary steps to secure support for a resolution at the +United Nations Commission on Human Rights holding the the Government of +Syria accountable for its systematic violations of human rights of +Syrian and Lebanese citizens and calling for the appointment of a +United Nations Special Rapporteur to investigate these human rights +violations. + (d) International Financial Institutions.--The President shall +instruct the United States Executive Director at each international +financial institution (as defined in section 1701(c)(2) of the +International Financial Institutions Act) to use the voice and vote of +the United States to oppose any loan or other assistance to Syria and +to oppose Syria's membership in the institution. + (e) International Atomic Energy Agency.--The President shall +instruct the United States Permanent Representative to the +International Atomic Energy Agency (IAEA) to seek the adoption of a +resolution calling on Syria to declare all nuclear related facilities, +immediately and unconditionally suspend any activity which could be +used to develop nuclear weapons capability, and provide full access to +IAEA inspectors to its nuclear-related facilities. + (f) United States and Regional Contact Groups.--The President shall +seek to establish contact groups with relevant countries in the Middle +East to provide forums in which United States officials who are +responsible for counter-proliferation efforts are able to meet, at +least twice each year, with their counterpart from such countries to-- + (1) discuss the global threats presented by Iranian nuclear + proliferation and sponsorship of international terrorism; and + (2) develop strategies to effectively address these + threats. + +SEC. 106. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA. + + (a) Report.--Not later than 90 days after the date of the enactment +of this Act, and on an annual basis thereafter, the President shall +transmit to the appropriate congressional committees a report on +assistance to, and commerce with, Syria by other foreign countries +during the preceding 12-month period. + (b) Contents.--Each report required by subsection (a) shall, for +the period covered by the report, contain the following information, to +the extent such information is available: + (1) A description of all bilateral assistance provided to + Syria by other foreign countries, including humanitarian + assistance. + (2) A description of Syria's commerce with foreign + countries, including an identification of Syria's trading + partners and the extent of such trade. + (3) A description of the joint ventures completed, or under + consideration, by foreign nationals and business firms + involving facilities in Syria, including an identification of + the location of the facilities involved and a description of + the terms of agreement of the joint ventures and the names of + the parties that are involved. + (4) A determination of the amount of debt of the Government + of Syria that is owed to each foreign country, including-- + (A) the amount of debt exchanged, forgiven, or + reduced under the terms of each investment or operation + in Syria involving foreign nationals; and + (B) the amount of debt owed to the foreign country + that has been exchanged, forgiven, or reduced in return + for a grant by the Syrian Government of an equity + interest in a property, investment, or operation of the + Syrian Government or of a Syrian national. + (5) A description of the steps taken to assure that raw + materials and semifinished or finished goods produced by + facilities in Syria involving foreign nationals do not enter + the United States market, either directly or through third + countries or parties. + (6) An identification of countries and entities that + provide, or have provided, arms or military supplies from Syria + or that otherwise have entered into agreements with Syria that + could have a military application, including-- + (A) a description of the military supplies, + equipment, or other material sold, bartered, or + exchanged between Syria and such countries; + (B) a listing of the goods, services, credits, or + other consideration received by Syria in exchange for + military supplies, equipment, or material; and + (C) the terms or conditions of any such agreement. + (c) Form.--The report submitted under subsection (a) shall be in +unclassified form but may include a classified annex. + +TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND + DEMOCRACY IN LEBANON + +SEC. 201. DECLARATIONS OF POLICY. + + (a) Syria.--It shall be the policy of the United States to support +independent human rights and pro-democracy forces in Syria to promote +the emergence of a democratic government that-- + (1) will denounce and combat terrorism; + (2) will dismantle its biological, chemical, and nuclear + weapons programs and commit to combat the proliferation of such + weapons; + (3) will respect the boundaries and sovereignty of its + neighbors and live in peace and security with all the countries + in the region; and + (4) will uphold and defend the human rights and civil + liberties of its citizens. + (b) Lebanon.--It shall be the policy of the United States to +initiate efforts to restore Lebanese sovereignty, including the +immediate and unconditional withdrawal of all Syrian personnel from +Lebanon, and to support Lebanese civil society and pro-democracy forces +in restoring a freely-elected, internationally recognized democratic +government in Lebanon. + +SEC. 202. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA AND + RESTORATION OF SOVEREIGN DEMOCRATIC GOVERNANCE IN + LEBANON. + + (a) Authorization.--Notwithstanding any other provision of law, the +President is authorized to provide assistance and other support for +individuals and independent nongovernmental organizations to support a +transition to a freely-elected, internationally recognized democratic +government in Syria and the restoration of sovereign, democratic rule +in Lebanon. + (b) Activities Supported.--Assistance provided under subsection (a) +shall, to the maximum extent practicable, be used to carry out the +following activities: + (1) Democracy-building and civil society efforts in Syria + and Lebanon, including the provision of assistance to + organizations certified by the President to be independent + democratic organizations, victims of political repression and + their families, and prisoners of conscience and their families. + (2) Radio and television broadcasting to Syria and Lebanon + to support democracy-building and civil society efforts in + Syria and Lebanon. + (c) Authorization of Appropriations.--There are authorized to be +appropriated to the President to carry out this section such sums as +may be necessary for fiscal year 2006 and each subsequent fiscal year.","Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. + +Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. + +Sets forth diplomatic measures intended to achieve such nonproliferation. + +Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.","To strengthen sanctions against the Government of Syria, to establish a program to support a transition to a democratically elected government in Syria and the restoration of sovereignty and democratic rule in Lebanon, and for other purposes."," The Lebanon and Syria Liberation Act aims to strengthen international sanctions against Syria and provide assistance to support democracy in Syria and sovereignty and democracy in Lebanon. The Act declares that the United States shall deny Syria the ability to carry out certain activities, such as financing terrorism or developing weapons programs. It also calls for diplomatic efforts to advocate for international sanctions against Syria. The Act authorizes the President to provide assistance to support a transition to democracy in Syria and the restoration of democratic rule in Lebanon." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Drug Trafficking Elimination Act of +2007''. + + TITLE I--CRIMINAL ENHANCEMENTS + +SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, + DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO + MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF + HEROIN, MARIHUANA, AND METHAMPHETAMINE. + + Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. +841(b)(1)) is amended by adding at the end the following new +subparagraph: + ``(E) In the case of a violation of subsection (a) of this section +involving-- + ``(i) more than 10 kilograms of a mixture or substance + containing a detectable amount of heroin; + ``(ii) more than 10,000 kilograms of a mixture or substance + containing a detectable amount of marihuana, or more than + 10,000 marihuana plants regardless of weight; or + ``(iii) more than 500 grams of methamphetamine, its salts, + isomers, and salts of its isomers or more than 1.5 kilograms of + a mixture or substance containing a detectable amount of + methamphetamine, its salts, isomers, or salts of its isomers, +such person shall be subject to the same penalties as applicable under +subparagraph (A) of this paragraph, except that such person shall be +sentenced to a term of imprisonment which may not be less than 20 +years.''. + +SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND + EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND + METHAMPHETAMINE. + + Section 1010(b) of the Controlled Substances Import and Export Act +(21 U.S.C. 960(b)) is amended by adding at the end the following new +paragraph: + ``(5) In the case of a violation of subsection (a) of this section +involving-- + ``(A) more than 10 kilograms of a mixture or substance + containing a detectable amount of heroin; + ``(B) more than 10,000 kilograms of a mixture or substance + containing a detectable amount of marihuana; or + ``(C) more than 500 grams of methamphetamine, its salts, + isomers, and salts of its isomers or more than 1.5 kilograms of + a mixture or substance containing a detectable amount of + methamphetamine, its salts, isomers, or salts of its isomers, +the person committing such violation shall be subject to the same +penalties as applicable under paragraph (1) of this subsection, except +that such person shall be sentenced to a term of imprisonment which may +not be less than 20 years.''. + +SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY. + + Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. +841(b)(5)) is amended to read as follows: + ``(5) Manufacture or Cultivation on Federal Property.--Any person +who violates subsection (a) of this section by manufacturing or +cultivating a controlled substance on Federal property shall be +imprisoned for a term of not more than 10 years, which shall be imposed +consecutively and in addition to the penalty imposed under paragraph +(1).''. + +SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND. + + Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. +841(b)(6)) is amended to read as follows: + ``(6) Use of Hazardous Substances.--Any person who violates +subsection (a) and knowingly uses a poison, chemical, or other +hazardous substance on Federal land, and by such use-- + ``(A) creates a serious hazard to humans, wildlife, or + domestic animals; + ``(B) degrades or harms the environment or natural + resources; or + ``(C) pollutes an aquifer, spring, stream, river, or body + of water, +shall be imprisoned for a term of not more than 5 years, which shall be +imposed consecutively and in addition to the penalty imposed under +paragraphs (1) and (5).''. + +SEC. 105. LISTED CHEMICALS. + + Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) +is amended by striking ``20 years'' and ``10 years'' and inserting ``30 +years'' and ``20 years'', respectively. + +SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, + AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS. + + (a) Murder and Other Violent Crimes Committed During and in +Relation to a Drug Trafficking Crime.--Part D of the Controlled +Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end +the following new section: + +``murder and other violent crimes committed during and in relation to a + drug trafficking crime + + ``Sec. 424. (a) In General.--Whoever commits, or conspires, or +attempts to commit, a crime of violence during and in relation to a +drug trafficking crime, shall, unless the death penalty is otherwise +imposed, in addition and consecutive to the punishment provided for the +drug trafficking crime and in addition to being subject to a fine under +title 18, United States Code-- + ``(1) if the crime of violence results in the death of any + person, be sentenced to death or life in prison; + ``(2) if the crime of violence is kidnapping, aggravated + sexual abuse, or maiming, be imprisoned for life or any term of + years not less than 30; + ``(3) if the crime of violence is assault resulting in + serious bodily injury, be imprisoned for life or any term of + years not less than 20; and + ``(4) in any other case, be imprisoned for life or for any + term of years not less than 10. + ``(b) Venue.--A prosecution for a violation of this section may be +brought in-- + ``(1) the judicial district in which the murder or other + crime of violence occurred; or + ``(2) any judicial district in which the drug trafficking + crime may be prosecuted. + ``(c) Definitions.--As used in this section-- + ``(1) the term `aggravated sexual abuse' means an offense + that, if committed in the special maritime and territorial + jurisdiction would be an offense under section 2241(a) of title + 18, United States Code; + ``(2) the term `crime of violence' has the meaning given + that term in section 16 of title 18, United States Code; + ``(3) the term `drug trafficking crime' has the meaning + given that term in section 924(c)(2) of title 18, United States + Code; and + ``(4) the term `serious bodily injury' has the meaning + given that term in section 1365 of title 18, United States + Code.''. + (b) Dangerous Drug Trafficking Organizations.--Part D of such Act +is further amended by adding after section 424, as added by subsection +(a) of this section, the following new section: + + ``dangerous drug trafficking organizations + + ``Sec. 425. (a) In General.--Any person who knowingly engages in a +dangerous drug trafficking organization, as defined in subsection (b), +shall be imprisoned for not less than 20 years nor more than life, +fined in accordance with the provisions of title 18, United States +Code, or both. + ``(b) Dangerous Drug Trafficking Organization Defined.--For +purposes of this section, the term `dangerous drug trafficking +organization' means a formal or informal group, organization, or +association of 5 or more individuals-- + ``(1) that has as one of its purposes the commission of one + or more drug trafficking crimes (as defined in section + 924(c)(2) of title 18, United States Code); + ``(2) one or more of the members of which commit or have + committed, in furtherance of such purpose-- + ``(A) more than one violation of this part the + punishment of which is a felony; and + ``(B) 2 or more violations, in 2 or more separate + criminal episodes, of section 424; and + ``(3) the activities of which involve at least 50 times the + quantity of a substance described in section 401(b)(1)(B). + ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an +offense under this section committed outside the United States if the +individual committing the offense is a citizen of the United States or +an alien lawfully admitted to the United States for permanent residence +(as defined in section 101(a)(20) of the Immigration and Nationality +Act (8 U.S.C. 1101(a)(20)).''. + (c) Clerical Amendment.--The table of contents for the +Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended +by inserting after the item relating to section 423 the following: + +``Sec. 424. Murder and other violent crimes committed during and in + relation to a drug trafficking crime. +``Sec. 425. Dangerous drug trafficking organizations.''. + + TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS + +SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS. + + (a) In General.--Section 418 of the Controlled Substances Act (21 +U.S.C. 859) is amended to read as follows: + + ``distribution to persons under age 21 and pregnant persons + + ``Sec. 418. (a) Distribution to Persons Under 21.--Except as +provided in subsection (b), any person at least 18 years of age who +violates section 401(a)(1) by distributing a controlled substance to a +person under 21 years of age shall be sentenced to a term of +imprisonment of not less than 3 years nor more than 10 years in +addition and consecutive to any punishment under section 401(b). The +mandatory minimum sentencing provisions of this subsection shall not +apply to offenses involving 5 grams or less of marihuana. + ``(b) Distribution to Pregnant Persons.--Except as authorized by +this title, any person who knowingly provides or distributes any +controlled substance to a pregnant individual in violation of any +provision of this title shall be sentenced to a term of imprisonment of +not less than 3 years nor more than 10 years in addition and +consecutive to any punishment under section 401(b). + ``(c) Second or Subsequent Offenses.--Any person at least 18 years +of age who violates subsections (a) or (b) after a prior conviction +under section 401(a) has become final shall be sentenced to a term of +imprisonment of not less than 5 years nor more than 20 years in +addition and consecutive to any punishment under section 401(b). +Penalties for third and subsequent convictions shall be governed by +section 401(b)(1)(A).''. + (b) Clerical Amendment.--The item relating to section 418 in the +table of contents for the Comprehensive Drug Abuse Prevention and +Control Act of 1970 is amended to read as follows: + +``Sec. 418. Distribution to persons under age 21 and pregnant + persons.''. + +SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. + + Section 419 of the Controlled Substances Act (21 U.S.C. 860) is +amended to read as follows: + + ``distribution in or near schools + + ``Sec. 419. (a) In General.--Except as provided by subsection (b), +whoever violates section 401(a)(1) or section 416 by distributing, +possessing with intent to distribute, or manufacturing a controlled +substance in or on, or within one thousand feet of, the real property +comprising a public or private elementary, vocational, or secondary +school or a public or private college, junior college, or university, +or a playground, or housing facility owned by a public housing +authority, or within 100 feet of a public or private youth center, +public swimming pool, or video arcade facility, shall be sentenced to a +term of imprisonment of not less than 3 years nor more than 10 years in +addition and consecutive to any punishment under section 401(b). The +mandatory minimum sentencing provisions of this subsection shall not +apply to offenses involving 5 grams or less of marihuana. + ``(b) Second or Subsequent Offenses.--Whoever violates subsection +(a) after a prior conviction under section 401(a) has become final +shall be sentenced to a term of imprisonment of not less than 5 years +nor more than 20 years in addition and consecutive to any punishment +under section 401(b). Penalties for third and subsequent convictions +shall be governed by section 401(b)(1)(A). + ``(c) Definitions.--As used in this section-- + ``(1) the term `playground' means any outdoor facility + (including any parking lot appurtenant thereto) intended for + recreation, open to the public, and with any portion thereof + containing three or more separate apparatus intended for the + recreation of children including, but not limited to, sliding + boards, swingsets, and teeterboards; + ``(2) the term `youth center' means any recreational + facility and/or gymnasium (including any parking lot + appurtenant thereto), intended primarily for use by persons + under 18 years of age, which regularly provides athletic, + civic, or cultural activities. + ``(3) the term `video arcade facility' means any facility, + legally accessible to children, intended primarily for the use + of pinball and video machines for amusement containing a + minimum of ten machines that are either pinball or video + machines; and + ``(4) the term `swimming pool' includes any parking lot + appurtenant thereto.''. + +SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG + OPERATIONS. + + Section 420 of the Controlled Substances Act (21 U.S.C. 861) is +amended to read as follows: + +``employment or use of persons under 18 years of age in drug operations + + ``Sec. 420. (a) Any person at least 18 years of age who +knowingly-- + ``(1) employs, hires, uses, persuades, induces, entices, or + coerces, a person under 18 years of age to violate any + provision of this title or title III; + ``(2) employs, hires, uses, persuades, induces, entices, or + coerces a person under 18 years of age to assist in avoiding + detection or apprehension, for any such violation, by any + Federal, State, or local law enforcement official; or + ``(3) receives a controlled substance from a person under + 18 years of age, other than an immediate family member, in + violation of this title or title III +shall be sentenced to a term of imprisonment of not less than 3 years +nor more than 10 years in addition and consecutive to any punishment +under section 401(b). + ``(b) Whoever violates subsection (a) after a prior conviction +under section 401(a) has become final shall be sentenced to a term of +imprisonment of not less than 5 years nor more than 20 years in +addition and consecutive to any punishment under section 401(b). +Penalties for third and subsequent convictions shall be governed by +section 401(b)(1)(A).''. + +SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT + OF CHILDREN. + + Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) +is amended by inserting (1) before ``Any person'' and by adding the +following new paragraph: + ``(2) Any person who violates subsection (a) knowing that + the manufacture, distribution, storage, or use of any + controlled substance involves a person under the age of 18 + shall be sentenced to a term of imprisonment of not less than 5 + years nor more than 20 years.''. + +SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION. + + Section 3553(f) of title 18, United States Code, is amended-- + (1) in paragraph (4), by inserting ``and was not engaged in + a dangerous drug trafficking organization (as defined in + section 425 of the Controlled Substances Act)'' after ``section + 408 of the Controlled Substances Act''; + (2) by striking ``and'' at the end of paragraph (4); + (3) by redesignating paragraph (5) as paragraph (6); and + (4) by inserting after paragraph (4) the following: + ``(5) no part of the offense or relevant conduct involved + manufacturing, possessing with intent to distribute, or + distributing any controlled substance in or near the presence + of a child or conduct constituting an offense under section + 418, 419, or 420 of the Controlled Substances Act (21 U.S.C. + 859, 860, or 861); and''. + + TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY + +SEC. 301. NATIONAL ENFORCEMENT STRATEGY. + + (a) Development of Strategy.--The Attorney General, in consultation +with the Secretary of Homeland Security, shall develop a National Drug +Trafficking Enforcement Strategy. + (b) Report.--Not later than February 1 of each year, the Attorney +General shall submit to the Committees on the Judiciary of the Senate +and the House of Representatives a report containing the following: + (1) A description of the drug enforcement activities of the + Federal Bureau of Investigations, the Drug Enforcement Agency, + the Department of Homeland Security, and other Federal law + enforcement agencies, including international and domestic + enforcement strategies and coordination efforts among all law + enforcement agencies. + (2) A description of the allocation of the resources of the + entities listed in paragraph (1) for the investigation and + prosecution of alleged violations of the Controlled Substances + Act (21 U.S.C. 801 et seq.), including violations involving + significant drug trafficking organizations. + (3) A description of measures being taken to give priority + in the allocation of such resources described in paragraph (2) + to alleged violations involving-- + (A) persons who have imported into the United + States substantial quantities of controlled substances; + and + (B) persons involved in violations that have + endangered children.","Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine; (2) importing or exporting such drugs; (3) manufacturing or cultivating a controlled substance on federal property; (4) using hazardous substances on federal land in connection with illegal drug activities; (5) possessing a listed chemical with intent to manufacture a controlled substance; (6) committing a crime of violence during and in relation to a drug trafficking crime; (7) engaging in a dangerous drug trafficking organization; (8) distributing controlled substances to persons under age 21 or to a pregnant person; (9) distributing controlled substances in or near schools; and (10) employing or involving persons under age 18 in illegal drug activities. + +Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.","To amend the Controlled Substances Act to enhance criminal penalties for drug trafficking offenses relating to distribution of heroin, marijuana, and methamphetamine and distribution to and use of children, and for other purposes."," The Drug Trafficking Elimination Act of 2007 aims to enhance criminal penalties for unlawful manufacturing, distribution, dispensing, or possession with intent to manufacture, distribute, or possess large amounts of heroin, marijuana, and methamphetamine. It also increases penalties for unlawful importation and exportation of these substances. The Act introduces new penalties for manufacturing controlled substances on federal property and using hazardous substances on federal land. It amends listed chemicals penalties to increase penalties to 30 years for manufacturing and 20 years for possession. The Act also addresses murder and other violent crimes related to drug trafficking, dangerous drug trafficking organizations, distribution to persons under age 21 and pregnant persons, distribution in or near schools, employment or use of persons under 18 in drug operations, maintaining drug-involved premises in relation to involvement of children, and modifies the safety valve provision. Finally, it requires the development of a National Drug Trafficking Enforcement Strategy by the Attorney General in consultation with the Secretary of Homeland Security." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Portable Fuel Container Safety Act +of 2017''. + +SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL + CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION + SOURCES. + + (a) Rule on Safety Performance Standards Required.--Not later than +30 months after the date of enactment of this section, the Consumer +Product Safety Commission shall promulgate a final rule for flame +mitigation devices in portable fuel containers that impedes the +propagation of flame into the container, except as provided in +subsection (c). + (b) Rulemaking; Consumer Product Safety Standard.--A rule under +subsection (a)-- + (1) shall be promulgated in accordance with section 553 of + title 5, United States Code; and + (2) shall be treated as a consumer product safety rule + promulgated under section 9 of the Consumer Product Safety Act + (15 U.S.C. 2058). + (c) Exception.-- + (1) Voluntary standard.--Subsection (a) shall not apply if + the Commission determines that-- + (A) there is a voluntary standard for flame + mitigation devices in portable fuel containers that + impedes the propagation of flame into the container; + (B) the voluntary standard is or will be in effect + not later than 18 months after the date of enactment of + this Act; and + (C) the voluntary standard is developed by + Subcommittee F15 of ASTM International or such other + standard development organization that the Commission + determines to have met the intent of this Act. + (2) Determination required to be published in the federal + register.--Any determination made by the Commission under this + subsection shall be published in the Federal Register. + (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If +the Commission determines that a voluntary standard meets the +conditions described in subsection (c), the requirements of such +voluntary standard shall be treated as a consumer product safety rule +promulgated under section 9 of the Consumer Product Safety Act +beginning on the date which is the later of-- + (1) 180 days after publication of the Commission's + determination under subsection (c); or + (2) the effective date contained in the voluntary standard. + (e) Revision of Voluntary Standard.-- + (1) Notice to commission.--If the requirements of a + voluntary standard that meet the conditions of subsection (c) + are subsequently revised, the organization that revised the + standard shall notify the Commission not later than 60 days + after the final approval of the revision. + (2) Effective date of revision.--Not later than 180 days + after the Commission is notified of a revised voluntary + standard described in paragraph (1) (or such later date as the + Commission determines appropriate), such revised voluntary + standard shall become enforceable as a consumer product safety + rule promulgated under section 9 of the Consumer Product Safety + Act, in place of the prior version, unless within 90 days after + receiving the notice the Commission determines that the revised + voluntary standard does not meet the requirements described in + subsection (c). + (f) Future Rulemaking.--The Commission, at any time after +publication of the consumer product safety rule required by subsection +(a), a voluntary standard is treated as a consumer product safety rule +under subsection (d), or a revision is enforceable as a consumer +product safety rule under subsection (e) may initiate a rulemaking in +accordance with section 553 of title 5, United States Code, to modify +the requirements or to include any additional provision that the +Commission determines is reasonably necessary to protect public health +or safety. Any rule promulgated under this subsection shall be treated +as a consumer product safety rule promulgated under section 9 of the +Consumer Product Safety Act. + (g) Action Required.-- + (1) Education campaign.--Not later than 1 year after the + date of enactment of this Act, the Commission shall undertake a + campaign to educate consumers about the dangers associated with + using or storing portable fuel containers for flammable liquids + near an open flame or any other source of ignition. + (2) Summary of actions.--Not later than 2 years after the + date of enactment of this Act, the Commission shall submit to + Congress a summary of actions taken by the Commission in such + campaign. + (h) Portable Fuel Container Defined.--In this section, the term +``portable fuel container'' means any container or vessel (including +any spout, retrofit spout, cap, and other closure mechanism or +component of such container or vessel)-- + (1) intended for flammable liquid fuels, including + gasoline, kerosene, diesel, ethanol, methanol, denatured + alcohol, biofuels, or liquids with a flash point less than 140 + degrees Fahrenheit; + (2) that is a consumer product with a capacity of 5 gallons + or less; and + (3) that the manufacturer knows or reasonably should know + is used by consumers for receiving, transporting, storing, and + dispensing flammable liquid fuels. + (i) Rule of Construction.--This section may not be interpreted to +conflict with the Children's Gasoline Burn Prevention Act (Public Law +110-278; 122 Stat. 2602). + +SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT. + + (a) Amendment.--Section 2(c) of the Children's Gasoline Burn +Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by +inserting after ``for use by consumers'' the following: ``and any +receptacle for gasoline, kerosene, or diesel fuel, including any spout, +retrofit spout, cap, and other closure mechanism and component of such +receptacle, produced or distributed for sale to or use by consumers for +transport of, or refueling of internal combustion engines with, +gasoline, kerosene, or diesel fuel''. + (b) Applicability.--The amendment made by subsection (a) shall take +effect 6 months after the date of enactment of this section.","Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel (including any spout, retrofit spout, cap, and other closure mechanism and component) produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel. ",Portable Fuel Container Safety Act of 2017," The Portable Fuel Container Safety Act of 2017 aims to protect against explosions near open flames or other ignition sources by requiring the Consumer Product Safety Commission to promulgate a final rule for flame mitigation devices in portable fuel containers. The act defines portable fuel containers as any container or vessel intended for flammable liquid fuels with a capacity of 5 gallons or less. If a voluntary standard for flame mitigation devices is developed by an approved organization within 18 months after the enactment of this Act, it will be treated as a consumer product safety rule. The Consumer Product Safety Commission is required to undertake an education campaign to inform consumers about the dangers associated with using or storing portable fuel containers near open flames or ignition sources." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Local Control of Broadcast Towers +Act''. + +SEC. 2. FINDINGS AND PURPOSE. + + (a) Findings.--Congress makes the following findings: + (1) The placement, construction, and modification of + broadcast transmission facilities near residential communities + and facilities such as schools can greatly reduce the value of + residential properties, destroy the views from properties, + produce radio frequency interference, raise concerns about + potential long-term health effects of such facilities, and + reduce substantially the desire to live in the areas of such + facilities. + (2) States and local governments have traditionally + regulated development and should be able to exercise control + over the placement, construction, and modification of broadcast + transmission facilities through the use of zoning and other + land use regulations relating to the protection of the + environment, public health and safety, and the general welfare + of the community and the public. + (3) The Federal Communications Commission establishes + policies to govern interstate and international communications + by television, radio, wire, satellite, and cable. The + Commission ensures compliance of such activities with + applicable Federal laws, including the National Environmental + Policy Act of 1969 and the National Historic Preservation Act, + in its decision-making on such activities. + (4) The Commission defers to State and local authorities + which regulate the placement, construction, and modification of + broadcast transmission facilities through the use of zoning, + construction and building, and environmental and safety + regulations in order to protect the environment and the health, + safety, and general welfare of communities and the public. + (5) On August 19, 1997, the Commission issued a proposed + rule, MM Docket No. 97-182, which would preempt the application + of most State and local zoning, environmental, construction and + building, and other regulations affecting the placement, + construction, and modification of broadcast transmission + facilities. + (6) The telecommunications industry and its experts should + be expected to have access to the best and most recent + technical information and should therefore be held to the + highest standards in terms of their representations, + assertions, and promises to governmental authorities. + (b) Purpose.--The purpose of this Act is to confirm that State and +local governments are the appropriate entities-- + (1) to regulate the placement, construction, and + modification of broadcast transmission facilities consistent + with State and local zoning, construction and building, + environmental, and land use regulations; + (2) to regulate the placement, construction, and + modification of broadcast transmission facilities so that their + placement, construction, or modification will not interfere + with the safe and efficient use of public airspace or otherwise + compromise or endanger the health, safety, and general welfare + of the public; and + (3) to hold accountable applicants for permits for the + placement, construction, or modification of broadcast + transmission facilities, and providers of services using such + facilities, for the truthfulness and accuracy of + representations and statements placed in the record of hearings + for such permits, licenses, or approvals. + +SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE + AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION + FACILITIES. + + Notwithstanding any other provision of law, the Federal +Communications Commission shall not adopt as a final rule or otherwise +directly or indirectly implement any portion of the proposed rule set +forth in ``Preemption of State and Local Zoning and Land Use +Restrictions on Siting, Placement and Construction of Broadcast Station +Transmission Facilities'', MM Docket No. 97-182, released August 19, +1997. + +SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF + BROADCAST TRANSMISSION FACILITIES. + + 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. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND + MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. + + ``(a) Authority To Require Least Intrusive Facilities.-- + ``(1) In general.--A State or local government may deny an + application to place, construct, or modify broadcast + transmission facilities on the basis that alternative + technologies, delivery systems, or structures are capable of + delivering broadcast signals comparable to that proposed to be + delivered by such facilities in a manner that is less intrusive + to the community concerned than such facilities. + ``(2) Considerations.--In determining under paragraph (1) + the intrusiveness of technologies, delivery systems, or + structures for the transmission of broadcast signals, a State + or local government may consider the aesthetics of such +technologies, systems, or structures, the environmental impact of such +technologies, systems, or structures, and the radio frequency +interference or radiation emitted by such technologies, systems, or +structures. + ``(3) Burden of proof.--In any hearing for purposes of the + exercise of the authority in paragraph (1), the burden shall be + on the applicant. + ``(b) Radio Interference.--A State or local government may regulate +the location, height, or modification of broadcast transmission +facilities in order to address the effects of radio frequency +interference caused by such facilities on local communities and the +public. + ``(c) Authority To Require Studies and Documentation.--No provision +of this Act may be interpreted to prohibit a State or local government +from-- + ``(1) requiring a person seeking authority to place, + construct, or modify broadcast transmission facilities to + produce-- + ``(A) environmental, biological, and health + studies, engineering reports, or other documentation of + the compliance of such facilities with radio frequency + exposure limits, radio frequency interference impacts, + and compliance with applicable laws, rules, and + regulations governing the effects of such facilities on + the environment, public health and safety, and the + general welfare of the community and the public; and + ``(B) documentation of the compliance of such + facilities with applicable Federal, State, and local + aviation safety standards or aviation obstruction + standards regarding objects effecting navigable + airspace; or + ``(2) refusing to grant authority to such person to place, + construct, or modify such facilities within the jurisdiction of + such government if such person fails to produce studies, + reports, or documentation required under paragraph (1). + ``(d) Construction.--Nothing in this section may be construed to +prohibit or otherwise limit the authority of a State or local +government to ensure compliance with or otherwise enforce any +statements, assertions, or representations filed or submitted by or on +behalf of an applicant with the State or local government for authority +to place, construct, or modify broadcast transmission facilities within +the jurisdiction of the State or local government. + ``(e) Broadcast Transmission Facility Defined.--In this section, +the term `broadcast transmission facility' means the equipment, or any +portion thereof, with which a broadcaster transmits and receives the +radiofrequency waves that carry the services of the broadcaster, +regardless of whether the equipment is sited on one or more towers or +other structures owned by a person or entity other than the +broadcaster, and includes the location of such equipment.''.","Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.","A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes."," The Local Control of Broadcast Towers Act aims to confirm that state and local governments are responsible for regulating the placement, construction, and modification of broadcast transmission facilities. This includes ensuring that these facilities do not interfere with public airspace or compromise public health, safety, and general welfare. The Act prohibits the Federal Communications Commission from adopting any rule that would preempt state and local authority over broadcast transmission facilities. State and local governments can deny applications for these facilities if alternative technologies or structures can deliver comparable broadcast signals with less intrusion to the community. They can also regulate the location, height, or modification of these facilities to address radio frequency interference effects on local communities." +"SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Stopping Abuse and Fraud in +Electronic Lending Act of 2018'' or the ``SAFE Lending Act of 2018''. + +SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. + + (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 +of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by +adding at the end the following: + ``(d) Limitations on Remotely Created Checks.-- + ``(1) Definition.--In this subsection-- + ``(A) the term `remotely created check' means a + check, including a paper or electronic check and any + other payment order that the Bureau, by rule, + determines is appropriately covered under this + subsection, that-- + ``(i) is not created by the financial + institution that holds the customer account + from which the check is to be paid; and + ``(ii) does not bear a signature applied, + or purported to be applied, by the person from + whose account the check is to be paid; and + ``(B) the term `Federal consumer financial law' has + the meaning given the term in section 1002 of the + Consumer Financial Protection Act of 2010 (12 U.S.C. + 5481). + ``(2) Limitations.--Subject to the limitations in paragraph + (3) and any additional limitations that the Bureau may + establish, by rule, a remotely created check may only be issued + by a person designated in writing by a consumer with that + written designation specifically provided by the consumer to + the insured depository institution at which the consumer + maintains the account from which the check is to be drawn. + ``(3) Additional limitations.-- + ``(A) In general.--A designation provided by a + consumer under paragraph (2) may be revoked at any time + by the consumer. + ``(B) Consumer financial protection laws.--No + payment order, including a remotely created check, may + be issued by any person in response to the exercise of, + or attempt to exercise, any right by a consumer under-- + ``(i) any Federal consumer financial law; + or + ``(ii) any other provision of any law or + regulation within the jurisdiction of the + Bureau.''. + (b) Consumer Protections for Certain One-Time Electronic Fund +Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. +1693k) is amended-- + (1) in the matter preceding paragraph (1), by inserting + ``(a) In General.--'' before ``No person''; + (2) in subsection (a)(1), as so designated, by striking + ``preauthorized electronic fund transfers'' and inserting ``an + electronic fund transfer''; and + (3) by adding at the end the following: + ``(b) Treatment for Electronic Fund Transfers in Credit +Extensions.--If a consumer voluntarily agrees to repay an extension of +a small-dollar consumer credit transaction, as defined in section +110(a) of the Truth in Lending Act, by means of an electronic fund +transfer, the electronic fund transfer shall be treated as a +preauthorized electronic fund transfer subject to the protections of +this title.''. + +SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING. + + (a) Small-Dollar Consumer Credit Transactions.-- + (1) In general.--The Truth in Lending Act (15 U.S.C. 1601 + et seq.) is amended-- + (A) by inserting after section 109 (15 U.S.C. 1608) + the following: + +``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS. + + ``(a) Definition.--In this section, the term `small-dollar consumer +credit transaction'-- + ``(1) means any transaction that extends credit that is-- + ``(A) made to a consumer in an amount that-- + ``(i) is not more than-- + ``(I) $5,000; or + ``(II) such greater amount as the + Bureau may, by rule, determine; and + ``(ii) shall be adjusted annually to + reflect changes in the Consumer Price Index for + all urban consumers published by the Department + of Labor; and + ``(B) extended pursuant to an agreement that is-- + ``(i)(I) other than an open end credit + plan; and + ``(II) payable in one or more installments + of less than 12 months (or such longer period + as the Bureau may, by rule, determine); + ``(ii) an open end credit plan in which + each advance is fully repayable within a + defined time or in connection with a defined + event, or both; or + ``(iii) any other plan as the Bureau + determines, by rule; and + ``(2) includes any action that facilitates, brokers, + arranges, or gathers applications for a transaction described + in paragraph (1). + ``(b) Registration Requirement.--A person shall register with the +Bureau before issuing credit in a small-dollar consumer credit +transaction.''; and + (B) in section 173 (15 U.S.C. 1666j), by adding at + the end the following: + ``(d) Notwithstanding any other provisions of this title, any +small-dollar consumer credit transaction, as defined in section 110(a), +shall comply with the laws of the State in which the consumer to which +the transaction is made resides with respect to annual percentage +rates, interest, fees, charges, and such other similar or related +matters as the Bureau may, by rule, determine if the small-dollar +consumer credit transaction is-- + ``(1) made over-- + ``(A) the Internet; + ``(B) telephone; + ``(C) facsimile; + ``(D) mail; + ``(E) electronic mail; or + ``(F) other electronic communication; or + ``(2) conducted by a national bank.''. + (2) Technical and conforming amendment.--The table of + sections for chapter 1 of the Truth in Lending Act (15 U.S.C. + 1601 et seq.) is amended by inserting after the item relating + to section 109 the following: + +``110. Registration requirement for small-dollar lenders.''. + (b) Prohibition on Certain Fees.--Section 915 of the Electronic +Fund Transfer Act (15 U.S.C. 1693l-1) is amended-- + (1) in subsection (a)(2)(A), in the matter preceding clause + (i), by striking ``The term'' and inserting ``Subject to + subsection (d)(1), the term''; + (2) by redesignating subsection (d) as subsection (e); and + (3) by inserting after subsection (c) the following: + ``(d) Additional Fees Prohibited.-- + ``(1) Definition.--In this subsection, the term `prepaid + account' has the meaning given the term by rule of the Bureau. + ``(2) Prohibition.--With respect to the use of a prepaid + account by a consumer-- + ``(A) it shall be unlawful for any person to charge + the consumer a fee for an overdraft, including a + shortage of funds or a transaction processed for an + amount exceeding the account balance of the prepaid + account; + ``(B) any transaction for an amount exceeding the + account balance of the prepaid account may be declined, + except that the consumer may not be charged a fee for + that purpose; and + ``(C) the Bureau may, by rule, prohibit the + charging of any fee so that the Bureau may-- + ``(i) prevent unfair, deceptive, or abusive + practices; and + ``(ii) promote the ability of the consumer + to understand and compare the costs of prepaid + accounts.''. + +SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT + TRANSACTIONS. + + (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. +1631 et seq.) is amended by adding at the end the following: + +``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER + CREDIT TRANSACTIONS. + + ``(a) Definitions.--In this section-- + ``(1) the terms `Internet access service' and `Internet + information location tool' have the meanings given those terms + in section 231(e) of the Communications Act of 1934 (47 U.S.C. + 231(e)); + ``(2) the term `sensitive personal financial information' + means a Social Security number, financial account number, bank + routing number, bank account number, or security or access code + that is immediately necessary to permit access to the financial + account of an individual; and + ``(3) the term `small-dollar consumer credit transaction' + has the meaning given the term in section 110(a). + ``(b) Identification Information.--Any person facilitating, +brokering, arranging for, or gathering applications for, the +distribution of sensitive personal financial information in connection +with a small-dollar consumer credit transaction shall prominently +disclose information by which the person may be contacted or +identified, including for service of process and for identification of +the registrant of any domain name registered or used. + ``(c) Prohibition on Lead Generation in Small-Dollar Consumer +Credit Transactions.--No person may facilitate, broker, arrange for, or +gather applications for the distribution of sensitive personal +financial information in connection with a small-dollar consumer credit +transaction, unless the person is directly providing the small-dollar +consumer credit to a consumer. + ``(d) Rule of Construction.-- + ``(1) In general.--Nothing in this section may be construed + to limit the authority of the Bureau to further restrict + activities covered by this section. + ``(2) Clarification.--For the purposes of this section, it + shall not be considered facilitating the distribution of + sensitive personal financial information in connection with a + small-dollar consumer credit transaction to be engaged solely + in one of the following activities: + ``(A) The provision of a telecommunications + service, an Internet access service, or an Internet + information location tool. + ``(B) The transmission, storage, retrieval, + hosting, formatting, or translation (or any combination + thereof) of a communication, without selection or + alteration of the content of the communication, except + the deletion of a particular communication or material + made by another person in a manner that is consistent + with section 230(c) of the Communications Act of 1934 + (47 U.S.C. 230(c)).''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is +amended by adding at the end the following: + +``140B. Restrictions on lead generation in small-dollar consumer credit + transactions.''. + +SEC. 5. STUDIES. + + (a) Definitions.--In this section-- + (1) the term ``appropriate committees of Congress'' means-- + (A) the Committee on Banking, Housing, and Urban + Affairs of the Senate; + (B) the Committee on Indian Affairs of the Senate; + (C) the Committee on Financial Services of the + House of Representatives; and + (D) the Committee on Natural Resources of the House + of Representatives; and + (2) the term ``Indian tribe'' has the meaning given the + term in section 4 of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5304). + (b) Study Required.--Not later than 180 days after the date of +enactment of this Act, the Comptroller General of the United States +shall conduct a study regarding-- + (1) the availability of capital on reservations of Indian + tribes; and + (2) the impact that small-dollar consumer credit extended + through Internet and non-Internet means to members of Indian + tribes has had on economic opportunity and wealth for members + of Indian tribes. + (c) Consultation.--In conducting the study required under +subsection (b), the Comptroller General of the United States shall +consult, as appropriate, with-- + (1) the Bureau of Consumer Financial Protection; + (2) the Board of Governors of the Federal Reserve System; + (3) the Director of the Bureau of Indian Affairs; + (4) federally recognized Indian tribes; and + (5) community development financial institutions operating + in Indian lands. + (d) Congressional Consideration.--The Comptroller General of the +United States shall submit to the appropriate committees of Congress +the study required under subsection (b). + +SEC. 6. RULEMAKING. + + Not later than 1 year after the date of enactment of this Act, the +Bureau of Consumer Financial Protection shall adopt any final rules +necessary to implement the provisions of this Act and the amendments +made by this Act.","Stopping Abuse and Fraud in Electronic Lending Act of 2018 or the SAFE Lending Act of 2018 This bill amends the Electronic Fund Transfer Act and the Truth in Lending Act. The bill revises requirements related to consumer financial protection and small-dollar lending, including matters concerning remotely created checks, electronic fund transfers, registration of small-dollar lenders, overdraft fees, and the collection of personal information. ",Stopping Abuse and Fraud in Electronic Lending Act of 2018," The ""Stopping Abuse and Fraud in Electronic Lending Act of 2018"" or ""SAFE Lending Act of 2018"" aims to protect consumers from fraudulent activities related to electronic lending. It amends the Electronic Fund Transfer Act to prohibit unauthorized remotely created checks and establish consumer protections for certain one-time electronic fund transfers. The act also introduces transparency and consumer empowerment in small-dollar lending by registering small-dollar lenders with the Bureau of Consumer Financial Protection. It prohibits certain fees for prepaid accounts and restricts lead generation in small-dollar consumer credit transactions. Finally, it requires a study on the availability of capital on reservations of Indian tribes and the impact of small-dollar consumer credit on economic opportunity and wealth for members of Indian tribes." +"SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME. + + (a) In General.--Section 1 of the Internal Revenue Code of 1986 is +amended to read as follows: + +``SECTION 1. TAX IMPOSED. + + ``(a) Imposition of Tax.--There is hereby imposed on the income of +every individual a tax equal to 20 percent of the excess (if any) of-- + ``(1) the taxable earned income received or accrued during + the taxable year, over + ``(2) the standard deduction (as defined in section 63) for + such taxable year. + ``(b) Taxable Earned Income.--For purposes of this section, the +term `taxable earned income' means the excess (if any) of earned income +(as defined in section 911(d)(2)) over the foreign earned income (as +defined in section 911(b)(1)).'' + (b) Increase in Standard Deduction.--Section 63 of such Code is +amended to read as follows: + +``SEC. 63. STANDARD DEDUCTION. + + ``(a) In General.--For purposes of this subtitle, the term +`standard deduction' means the sum of-- + ``(1) the basic standard deduction, plus + ``(2) the additional standard deduction. + ``(b) Basic Standard Deduction.--For purposes of subsection (a), +the basic standard deduction is-- + ``(1) $16,500 in the case of-- + ``(A) a joint return, and + ``(B) a surviving spouse (as defined in section + 2(a)), + ``(2) $14,000 in the case of a head of household (as + defined in section 2(b)), and + ``(3) $9,500 in the case of an individual-- + ``(A) who is not married and who is not a surviving + spouse or head of household, or + ``(B) who is a married individual filing a separate + return. + ``(c) Additional Standard Deduction.--For purposes of subsection +(a), the additional standard deduction is $4,500 for each dependent (as +defined in section 152) described in section 151(c)(1) for the taxable +year. + ``(d) Inflation Adjustment.-- + ``(1) In general.--In the case of any taxable year + beginning in a calendar year after 1995, each dollar amount + contained in subsections (b) and (c) shall be increased by an + amount equal to-- + ``(A) such dollar amount, multiplied by + ``(B) the cost-of-living adjustment under section + 1(f)(3) for the calendar year in which the taxable year + begins, determined by substituting `calendar year 1994' + for `calendar year 1992' in subparagraph (B) of such + section. + ``(2) Rounding.--If any increase determined under paragraph + (1) is not a multiple of $50, such amount shall be rounded to + the next lowest multiple of $50.'' + +SEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS. + + (a) In General.--Subsection (a) of section 170 of the Internal +Revenue Code of 1986 (relating to charitable, etc., contributions and +gifts) is amended-- + (1) by striking paragraph (1) and inserting the following + new paragraph: + ``(1) General rule.--There shall be allowed as a deduction + any charitable contribution (as defined in subsection (c)) not + to exceed $2,500 ($1,250, in the case of a married individual + filing a separate return), payment of which is made within the + taxable year.'', and + (2) by striking paragraph (3). + (b) Conforming Amendments.-- + (1) Section 170(b) of the Internal Revenue Code of 1986 is + amended by adding at the end the following new paragraph: + ``(3) Termination of subsection.--This subsection shall not + apply to taxable years beginning after December 31, 1995.'' + (2) Section 170(c) of such Code is amended by inserting + ``of cash or its equivalent'' after ``means a contribution or + gift''. + (3) Subsections (d) and (e) of section 170 of such Code are + repealed. + (4) Section 170(f) of such Code is amended by striking + paragraphs (1) through (7) and by redesignating paragraphs (8) + and (9) as paragraphs (1) and (2), respectively. + (5) Subsections (h) and (i) of section 170 of such Code are + repealed. + +SEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION + INDEBTEDNESS. + + Paragraph (3) of section 163(h) of the Internal Revenue Code of +1986 (relating to interest) is amended-- + (1) by striking subparagraphs (A), (C), and (D) and + inserting before subparagraph (B) the following new + subparagraph: + ``(A) In general.--The term `qualified residence + interest' means any interest which is paid or accrued + during the taxable year on acquisition indebtedness + with respect to any qualified residence of the + taxpayer. For purposes of the preceding sentence, the + determination of whether any property is a qualified + residence of the taxpayer shall be made as of the time + the interest is accrued.'', and + (2) by striking ``$1,000,000'' each place it appears and + ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' + and ``$50,000'', respectively. + +SEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES. + + Section 11 of the Internal Revenue Code of 1986 (relating to tax +imposed on corporations) is amended to read as follows: + +``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. + + ``(a) Tax Imposed.--There is hereby imposed on every person engaged +in a business activity a tax equal to 20 percent of the business +taxable income of such person. + ``(b) Liability for Tax.--The tax imposed by this section shall be +paid by the person engaged in the business activity, whether such +person is an individual, partnership, corporation, or otherwise. + ``(c) Business Taxable Income.-- + ``(1) In general.--For purposes of this section, the term + `business taxable income' means gross active income reduced by + the deductions specified in subsection (d). + ``(2) Gross active income.--For purposes of paragraph (1), + the term `gross active income' means gross income other than + investment income. + ``(d) Deductions.-- + ``(1) In general.--The deductions specified in this + subsection are-- + ``(A) the cost of business inputs for the business + activity, + ``(B) the compensation (including contributions to + qualified retirement plans but not including other + fringe benefits) paid for employees performing services + in such activity, and + ``(C) the cost of tangible personal and real + property used in such activity. + ``(2) Business inputs.--For purposes of subparagraph (A), + the term `cost of business inputs' means-- + ``(A) the actual amount paid for goods, services, + and materials, whether or not resold during the taxable + year, + ``(B) the fair market value of business inputs + brought into the United States, and + ``(C) the actual cost, if reasonable, of travel and + entertainment expenses for business purposes. + Such term shall not include purchases of goods and services + provided to employees or owners. + ``(e) Carryover of Excess Deductions.-- + ``(1) In general.--If the aggregate deductions for any + taxable year exceed the gross active income for such taxable + year, the amount of the deductions specified in subsection (d) + for the succeeding taxable year (determined without regard to + this subsection) shall be increased by the sum of-- + ``(A) such excess, plus + ``(B) the product of such excess and the 3-month + Treasury rate for the last month of such taxable year. + ``(2) 3-month treasury rate.--For purposes of paragraph + (1), the 3-month Treasury rate is the rate determined by the + Secretary based on the average market yield (during any 1-month + period selected by the Secretary and ending in the calendar + month in which the determination is made) on outstanding + marketable obligations of the United States with remaining + periods to maturity of 3 months or less.'' + +SEC. 5. EFFECTIVE DATE. + + The amendments made by this Act shall apply to taxable years +beginning after December 31, 1995.","Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) +Increases the basic standard deduction and includes an additional standard deduction (limited to dependents only), with inflation adjustments. +Limits charitable contributions to $2,500 ($1,250 in the case of married individuals filing separately). +Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. +Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax.","A bill to amend the Internal Revenue Code of 1986 to impose a flat tax only on the earned income of individuals and the business taxable income of corporations, and for other purposes."," This document outlines proposed changes to the taxation system in the United States. Key changes include: + +1. Individuals will be taxed on their earned income only, with a standard deduction applied to reduce taxable income. +2. Charitable contributions will be limited to $2,500 per year, with cash or equivalent contributions eligible for deduction. +3. Home mortgage deductions will be limited to acquisition indebtedness, with interest paid on acquisition indebtedness eligible for deduction. +4. A new tax will be imposed on business activities, equal to 20% of business taxable income. This tax will be paid by individuals, partnerships, corporations, or any other entity engaged in business activities." +"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," The ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 aims to address the exclusion of certain southeastern Alaska communities from eligibility for land under the Alaska Native Claims Settlement Act (ANCSA). The Act authorizes Native people enrolled in these communities to form Urban Corporations and receive settlement land under ANCSA. It amends Section 16 of ANCSA to include Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell as eligible for organizing as Urban Corporations. The Act also outlines shareholder eligibility, distribution rights, and compensation for these communities."