Datasets:

CJWeiss

/

billsum_id_rename

like 0

SECTION 1. RESEARCH CREDIT MADE PERMANENT; CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RESEARCH CONSORTIA. (a) Credit Made Permanent.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Credit for Expenses Attributable to Certain Collaborative Research Consortia.-- (1) In general.--Subsection (a) of section 41 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 20 percent of the sum of-- ``(A) the qualified consortia expenses (as defined in subsection (f)) to the extent such expenses do not exceed the amount described in subparagraph (B), and ``(B) the amount paid in cash during the taxable year to a qualified collaborative research consortium for qualified collaborative research (as defined in subsection (f)).'' (2) Rules relating to qualified research consortia.-- Section 41 of such Code is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Rules Relating to Qualified Research Consortia.--For purposes of subsection (a)(3)-- ``(1) In general.--The term `qualified consortia expenses' means, with respect to any taxable year, the sum of the following amounts which are paid or incurred by the taxpayer during the taxable year: ``(A) Any wages paid or incurred to an employee of the taxpayer for services performed by such employee in qualified collaborative research or in direct support of employees performing qualified collaborative research. ``(B) Any amount paid or incurred for supplies used in the conduct of qualified collaborative research. ``(2) Qualified collaborative research consortium.--The term `qualified collaborative research consortium' means any organization described in subsection (e)(6)(B) if-- ``(A) at least 15 unrelated taxpayers paid (during the calendar year in which the taxable year of the taxpayer begins) amounts to such organization for qualified collaborative research, ``(B) no 3 persons paid during such calendar year more than 50 percent of the total amounts paid during such calendar year for qualified collaborative research, and ``(C) no person contributed more than 25 percent of such total amounts. For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related taxpayers. ``(3) Qualified collaborative research.--The term `qualified collaborative research' means qualified research-- ``(A) which is carried on in the public interest and the results of which are made available to the public on a nondiscriminatory basis, and ``(B) which is performed or supervised by a qualified collaborative research consortium. ``(4) Reduction for amounts expended on ineligible research.--The amount which, but for this paragraph, would be taken into account under subsection (a)(3)(B) by the taxpayer for any taxable year shall be reduced by an amount which bears the same ratio to such amount as-- ``(A) the amount paid or incurred during the calendar year in which such taxable year begins by the consortia for research which is not qualified research, bears to ``(B) the total amount paid or incurred during such calendar by the consortia for research. ``(5) Denial of double benefit.--Any amount taken into account under subparagraph (A) or (B) of subsection (a)(3) shall not be taken into account under subparagraph (A) or (B) of paragraph (1), or under paragraph (2), of subsection (a).'' (c) Effective Dates.-- (1) Credit made permanent.--The amendment made by subsection (a) shall apply to amounts paid or incurred after June 30, 1995, in taxable years ending after such date. (2) Payments to consortia.--The amendments made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to make permanent the credit for increasing research activities and to allow such a credit for qualified consortia expenses attributable to certain collaborative research consortia. Provides for a reduction for amounts expended on ineligible research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Law Treaty Implementation Act''. SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946. For purposes of this Act, the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall be referred to as the ``Trademark Act of 1946''. SEC. 3. APPLICATION FOR REGISTRATION; VERIFICATION. (a) Application for Use of Trademark.--Section 1(a) of the Trademark Act of 1946 (15 U.S.C. 1051(a)) is amended to read as follows: ``Section 1. (a)(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner, and such number of specimens or facsimiles of the mark as used as may be required by the Commissioner. ``(2) The application shall include specification of the applicant's domicile and citizenship, the date of the applicant's first use of the mark, the date of the applicant's first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. ``(3) The statement shall be verified by the applicant and specify that-- ``(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; ``(B) to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; ``(C) the mark is in use in commerce; and ``(D) to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall-- ``(i) state exceptions to the claim of exclusive use; and ``(ii) shall specify, to the extent of the verifier's knowledge-- ``(I) any concurrent use by others; ``(II) the goods on or in connection with which and the areas in which each concurrent use exists; ``(III) the periods of each use; and ``(IV) the goods and area for which the applicant desires registration. ``(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.''. (b) Application for Bona Fide Intention To Use Trademark.-- Subsection (b) of section 1 of the Trademark Act of 1946 (15 U.S.C. 1051(b)) is amended to read as follows: ``(b)(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner. ``(2) The application shall include specification of the applicant's domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark. ``(3) The statement shall be verified by the applicant and specify-- ``(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce; ``(B) the applicant's bona fide intention to use the mark in commerce; ``(C) that, to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; and ``(D) that, to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive. Except for applications filed pursuant to section 44, no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section. ``(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.''. (c) Consequence of Delays.--Paragraph (4) of section 1(d) of the Trademark Act of 1946 (15 U.S.C. 1051(d)(4)) is amended to read as follows: ``(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Commissioner that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.''. SEC. 4. REVIVAL OF ABANDONED APPLICATION. Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is amended in the last sentence by striking ``unavoidable'' and by inserting ``unintentional''. SEC. 5. DURATION OF REGISTRATION; CANCELLATION; AFFIDAVIT OF CONTINUED USE; NOTICE OF COMMISSIONER'S ACTION. Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: ``duration ``Sec. 8. (a) Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Commissioner for failure to comply with the provisions of subsection (b) of this section, upon the expiration of the following time periods, as applicable: ``(1) For registrations issued pursuant to the provisions of this Act, at the end of 6 years following the date of registration. ``(2) For registrations published under the provisions of section 12(c), at the end of 6 years following the date of publication under such section. ``(3) For all registrations, at the end of each successive 10-year period following the date of registration. ``(b) During the 1-year period immediately preceding the end of the applicable time period set forth in subsection (a), the owner of the registration shall pay the prescribed fee and file in the Patent and Trademark Office-- ``(1) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is in use in commerce and such number of specimens or facsimiles showing current use of the mark as may be required by the Commissioner; or ``(2) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is not in use in commerce and showing that any such nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. ``(c) The owner of the registration may make the submissions required by this section, or correct any deficiency in a timely filed submission, within a grace period of 6 months after the end of the applicable time period set forth in subsection (a). Such submission must be accompanied by a surcharge prescribed therefor. If any submission required by this section filed during the grace period is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency. Such submission must be accompanied by a surcharge prescribed therefor. ``(d) Special notice of the requirement for affidavits under this section shall be attached to each certificate of registration and notice of publication under section 12(c). ``(e) The Commissioner shall notify any owner who files 1 of the affidavits required by this section of the Commissioner's acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ``(f) If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 6. RENEWAL OF REGISTRATION. Section 9 of the Trademark Act of 1946 (15 U.S.C. 1059) is amended to read as follows: ``renewal of registration ``Sec. 9. (a) Subject to the provisions of section 8, each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Commissioner. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed during the grace period is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor. ``(b) If the Commissioner refuses to renew the registration, the Commissioner shall notify the registrant of the Commissioner's refusal and the reasons therefor. ``(c) If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 7. RECORDING ASSIGNMENT OF MARK. Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended to read as follows: ``assignment ``Sec. 10. (a) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Notwithstanding the preceding sentence, no application to register a mark under section 1(b) shall be assignable prior to the filing of an amendment under section 1(c) to bring the application into conformity with section 1(a) or the filing of the verified statement of use under section 1(d), except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing. In any assignment authorized by this section, it shall not be necessary to include the good will of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted. Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment, and when the prescribed information reporting the assignment is recorded in the Patent and Trademark Office, the record shall be prima facie evidence of execution. An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the Patent and Trademark Office within 3 months after the date of the subsequent purchase or prior to the subsequent purchase. The Patent and Trademark Office shall maintain a record of information on assignments, in such form as may be prescribed by the Commissioner. ``(b) An assignee not domiciled in the United States shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 8. INTERNATIONAL CONVENTIONS; COPY OF FOREIGN REGISTRATION. Section 44 of the Trademark Act of 1946 (15 U.S.C. 1126) is amended-- (1) in subsection (d)-- (A) by striking ``23, or 44(e) of this Act'' and inserting ``or 23 of this Act or under subsection (e) of this section''; and (B) in paragraphs (3) and (4), by striking ``this subsection (d)'' and inserting ``this subsection''; and (2) in subsection (e), by striking the second sentence and inserting the following: ``Such applicant shall submit, within such time period as may be prescribed by the Commissioner, a certification or a certified copy of the registration in the country of origin of the applicant.''. SEC. 9. MISCELLANEOUS AMENDMENTS. (a) Cancellation of Functional Marks.--Section 14(3) of the Trademark Act of 1946 (15 U.S.C. 1064(3)) is amended by inserting ``or is functional,'' before ``or has been abandoned''. (b) Incontestability Defenses.--Section 33(b) of the Trademark Act of 1946 (15 U.S.C. 1115(b)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following: ``(8) That the mark is functional; or''. (c) Remedies in Cases of Dilution of Famous Marks.-- (1) Injunctions.--(A) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``subsection (a) or (c) of section 43''. (B) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting ``as set forth in section 34'' after ``relief''. (2) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''. (3) Destruction of articles.--Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence-- (A) by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''; and (B) by inserting after ``in the case of a violation of section 43(a)'' the following: ``or a willful violation under section 43(c)''. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect-- (1) on the date that is 1 year after the date of the enactment of this Act, or (2) upon the entry into force of the Trademark Law Treaty with respect to the United States, whichever occurs first. Passed the House of Representatives July 22, 1997. Attest: ROBIN H. CARLE, Clerk.

Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Adds: (1) functional trademarks to the list of trademarks which may be cancelled at any time; and (2) functionality to the list of defenses to infringement in cases involving incontestable registrations. Expands remedies for cases involving the willful dilution of famous trademarks to authorize the award of damages and the destruction of infringing articles for such violation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belated Thank You to the Merchant Mariners of World War II Act of 2005''. SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND SURVIVORS UNDER TITLE 46, UNITED STATES CODE. (a) Monthly Benefit.--Chapter 112 of title 46, United States Code, is amended-- (1) by inserting after the table of sections the following new subchapter heading: ``SUBCHAPTER I--VETERANS' BURIAL AND CEMETERY BENEFITS''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER II--MONTHLY BENEFIT ``Sec. 11205. Monthly benefit ``(a) Payment.--The Secretary of Veterans Affairs shall pay to each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000. ``(b) Surviving Spouses.-- ``(1) Payment to surviving spouses.--The Secretary of Veterans Affairs shall pay to the surviving spouse of each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000. ``(2) Exclusion.--No benefit shall be paid under paragraph (1) to a surviving spouse of a person issued a certificate of honorable service pursuant to section 11207(b) unless the surviving spouse was married to such person for no less than 1 year. ``(c) Exemption From Taxation.--Payments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. ``Sec. 11206. Qualified service ``For purposes of this subchapter, a person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person-- ``(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office); ``(B) operated in waters other than-- ``(i) inland waters; ``(ii) the Great Lakes; and ``(iii) other lakes, bays, and harbors of the United States; ``(C) under contract or charter to, or property of, the Government of the United States; and ``(D) serving the Armed Forces; and ``(2) while serving as described in paragraph (1), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. ``Sec. 11207. Documentation of qualified service ``(a) Application for Service Certificate.--A person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense. ``(b) Issuance of Service Certificate.--The Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206 of this title and meets the standards referred to in subsection (d) of this section. ``(c) Timing of Documentation.--A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. ``(d) Standards Relating to Service.--In making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note). ``Sec. 11208. Definitions ``In this subchapter, the term `surviving spouse' has the meaning given such term in section 101 of title 38, except that in applying the meaning in this subchapter, the term `veteran' shall include a person who performed qualified service as specified in section 11206 of this title. ``Sec. 11209. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary for the purpose of carrying out this subchapter.''. (b) Conforming Amendments.--Subsection (c) of section 11201 of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``chapter'' and inserting ``subchapter''; and (2) in paragraph (2), by striking ``chapter'' the second place it appears and inserting ``subchapter''. (c) Clerical Amendments.--The table of sections at the beginning of chapter 112 of title 46, United States Code, is amended-- (1) by inserting at the beginning the following new item: ``subchapter i--veterans' burial and cemetery benefits''; and (2) by adding at the end the following new items: ``subchapter ii--monthly benefit ``11205. Monthly benefit. ``11206. Qualified service. ``11207. Documentation of qualified service. ``11208. Definitions. ``11209. Authorization of appropriations.''. (d) Effective Date.--Subchapter II of chapter 112 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits. SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARINERS UNDER TITLE II OF THE SOCIAL SECURITY ACT. (a) Benefits.--Section 217(d) of the Social Security Act (42 U.S.C. 417(d)) is amended by adding at the end the following new paragraph: ``(3) The term `active military or naval service' includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who-- ``(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office); ``(ii) operated in waters other than-- ``(I) inland waters; ``(II) the Great Lakes; and ``(III) other lakes, bays, and harbors of the United States; ``(iii) under contract or charter to, or property of, the Government of the United States; and ``(iv) serving the Armed Forces; and ``(B) while serving as described in subparagraph (A), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.

Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation. Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cash Accounting for Small Business Act of 2001''. SEC. 2. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Small Business Taxpayers Permitted to Use Cash Accounting Method Without Limitation.-- ``(1) In general.--Notwithstanding any other provision of this title, an eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection-- ``(A) In general.--A taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(i) for all prior taxable years beginning after December 31, 1999, the taxpayer (or any predecessor) met the gross receipts test of subparagraph (B), and ``(ii) the taxpayer is not a tax shelter (as defined in section 448(d)(3)). ``(B) Gross receipts test.--A taxpayer meets the gross receipts test of this subparagraph for any prior taxable year if the average annual gross receipts of the taxpayer (or any predecessor) for the 3-taxable- year period ending with such prior taxable year does not exceed $5,000,000. The rules of paragraphs (2) and (3) of section 448(c) shall apply for purposes of the preceding sentence. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar amount contained in subparagraph (B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting ``calendar year 2000'' for ``calendar year 1992'' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required to Use Inventories.-- ``(1) In general.--An eligible taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If an eligible taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2000, such property shall be treated as a material or supply which is not incidental. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' has the meaning given such term by section 446(g)(2).''. (c) Indexing of Gross Receipts Test.--Section 448(c) of the Internal Revenue Code of 1986 (relating to $5,000,000 gross receipts test) is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this paragraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (d) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year.

Cash Accounting for Small Business Act of 2001 - Amends the Internal Revenue Code to prohibit an eligible taxpayer from being required to use an accrual method of accounting for a taxable year if the such taxpayer's average annual gross receipts for the preceding three-year period does not exceed $5 million (to be adjusted for inflation).States that eligible small business taxpayers shall not be required to use inventories, and that property shall be treated as a material which is not incidental.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Detection Team Improvement Act of 2007''. SEC. 2. CANINE DETECTION TEAM IMPROVEMENT. (a) In General.--The Homeland Security Act of 2002 is amended-- (1) by redesignating the second title XVIII as title XIX; and (2) by adding at the end the following: ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``SEC. 2001. COORDINATION AND ENHANCEMENT OF CANINE DETECTION TEAM TRAINING. ``The Secretary shall-- ``(1) fully coordinate the canine training programs of the Department, including the research and development of new canine training methods, including the optimum number and type of training aids and research on all measurements for efficiency and effectiveness; and ``(2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year. ``SEC. 2002. CANINE PROCUREMENT. ``The Secretary shall-- ``(1) make it a priority to increase the number of domestically bred canines used by the Department to assist in its counter-terrorism mission, including the protection of ports of entry and along the United States border; ``(2) increase the utilization of domestically bred canines from universities and private and nonprofit sources in the United States; and ``(3) consult with other Federal, State, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, such as those participating in the Scientific Working Group on Dog and Orthogonal Detector Guidelines (popularly known as `SWGDOG'), as well as the Office of Management and Budget, to encourage domestic breeding of canines and consolidate canine procurement, where possible, across the Federal Government to reduce the cost of purchasing canines. ``SEC. 2003. DOMESTIC CANINE BREEDING GRANT PROGRAM. ``(a) Establishment of Program.--The Secretary shall establish a competitive grant program for domestic breeders of canines. The purpose of the grant program shall be to encourage the development and growth of targeted breeding programs that are best suited for breeding canines for detection purposes within the United States. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012. ``SEC. 2004. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD. ``(a) Establishment of Accreditation Board.-- ``(1) In general.--Not later than 180 days after the date on which the national voluntary consensus standards referred to in subsection (b)(1) are issued, the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Attorney General, shall establish a Homeland Security Canine Detection Accreditation Board to develop and implement a process for certifying compliance with such standards. ``(2) Membership.--The membership of the Accreditation Board shall consist of experts in the fields of canine training and explosives detection from Federal and State agencies, universities, other research institutions, and the private sector, such as those represented on the Executive Board of SWGDOG. ``(b) Accreditation Process.--The Accreditation Board shall establish and implement a voluntary accreditation process to-- ``(1) certify that persons conducting certification of canine detection teams appropriately ensure that the canine detection teams meet the national voluntary consensus standards for canines, handlers, and trainers developed by SWGDOG; ``(2) ensure that canine detection teams do not put public safety and the safety of law enforcement personnel at risk due to fraud or weaknesses in the initial or maintenance training curriculum; and ``(3) maintain and update a public list of entities accredited by the Department to certify canine detection teams. ``(c) Compliance With Standards.--Beginning not later than the date that is 180 days after the date on which the standards referred to in subsection (b)(1) are issued, the Secretary shall require that grant funds administered by the Department may not be used to acquire a canine detection team unless-- ``(1) the canine detection team is certified under the process established under subsection (b); or ``(2) the Secretary determines that the applicant has shown special circumstances that justify the acquisition of canines that are not certified under the process established under subsection (b). ``SEC. 2005. DEFINITIONS. ``In this subtitle: ``(1) Canine detection team.--The term `canine detection team' means a canine and a canine handler. ``(2) Certifying entity.--The term `certifying entity' means an entity that oversees the processes and procedures used to train and test canine detection teams. ``(3) SWGDOG.--The term `SWGDOG' means the Scientific Working Group on Dog and Orthogonal Detector Guidelines.''. (b) Clerical Amendment.--The table of sections in section 1(b) of such Act is amended by striking the items relating to the second title XVIII and adding at the end the following: ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE ``Sec. 1901. Domestic Nuclear Detection Office. ``Sec. 1902. Mission of Office. ``Sec. 1903. Hiring authority. ``Sec. 1904. Testing authority. ``Sec. 1905. Relationship to other Department entities and Federal agencies. ``Sec. 1906. Contracting and grant making authorities. ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``Sec. 2001. Coordination and enhancement of canine detection team training. ``Sec. 2002. Canine procurement. ``Sec. 2003. Domestic canine breeding grant program. ``Sec. 2004. Homeland Security Canine Detection Accreditation Board. ``Sec. 2005. Definitions.''. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the plan of the Secretary to coordinate and consolidate the canine training and related programs of the Department of Homeland Security in accordance with section 2001 of the Homeland Security Act of 2002, as added by subsection (a).

Canine Detection Team Improvement Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) fully coordinate Department of Homeland Security (DHS) canine training programs; (2) ensure that DHS is maximizing its use of existing training facilities and resources to train canines throughout the year; (3) make it a priority to increase the number of domestically bred canines used by DHS to assist its counterterrorism mission; (4) increase the utilization of domestically bred canines from universities and private and nonprofit sources; and (5) consult with other federal, state, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, as well as the Office of Management and Budget (OMB), to encourage domestic breeding of canines and to consolidate canine procurement across the federal government. Directs the Secretary to: (1) establish a competitive grant program for domestic breeders of canines; (2) establish a Homeland Security Canine Detection Accreditation Board; and (3) prohibit the use of grant funds to acquire a canine detection team that is not certified, except under special circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Home Equity Conversion Mortgage Act of 2007''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GUARANTEE OF HOME EQUITY CONVERSION MORTGAGES FOR ELDERLY VETERAN HOMEOWNERS. (a) Loan Guarantee Authorized.--Subchapter II of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners ``(a) Loan Guarantee.--Upon receiving an application by a covered mortgagee and under such terms and conditions as the Secretary may prescribe, the Secretary may guarantee any home equity conversion mortgage that is made to an elderly veteran homeowner pursuant to the provisions of this section and conforms with all applicable provisions of this title. ``(b) Standards for Commitment.--The Secretary shall establish standards under which the Secretary will commit to guarantee such home equity conversion mortgage made to an elderly veteran homeowner before the date on which the mortgage is executed, if the Secretary determines that the mortgage-- ``(1) is likely to improve the financial situation or otherwise meet the special needs of the elderly veteran homeowner; ``(2) will include appropriate safeguards for the elderly veteran homeowner to offset the special risks associated with the mortgage; and ``(3) has such terms as the Secretary may establish to ensure that it is accepted in the secondary mortgage market. ``(c) Mortgage Eligibility.--A home equity conversion mortgage may be guaranteed under this section if it-- ``(1) is secured by a dwelling, farm residence, one-family residential unit in a condominium housing development or project, or manufactured home permanently affixed to a lot, that is owned and occupied by the eligible elderly veteran homeowner; ``(2) has been executed by an elderly veteran homeowner who-- ``(A) has discussed with a loan counselor approved by the Secretary-- ``(i) options other than a home equity conversion mortgage that are available to the homeowner, including other housing, social service, health, and financial options; ``(ii) other home equity conversion options that are or may become available to the homeowner, such as sale-leaseback financing, deferred payment loans, and property tax deferral; and ``(iii) the financial implications of entering into a home equity conversion mortgage; and ``(iv) any other information that the Secretary may require; ``(B) has received a disclosure that a home equity conversion mortgage may have tax consequences, affect eligibility for assistance under Federal and State programs, and have an impact on the heirs and estate of the homeowner; ``(C) has received the full disclosure described in subsection (e)(1); and ``(D) meets any additional requirements prescribed by the Secretary; ``(3) provides that prepayment, in whole or in part, may be made at any time during the period of the mortgage, without penalty; ``(4) provides for a fixed or variable interest rate or future sharing between the veteran and the covered mortgagee of the appreciation in the value of the property, as agreed upon by the veteran and the mortgagee; ``(5) provides for the satisfaction of the obligation in a manner satisfactory to the Secretary; ``(6) provides that the eligible elderly veteran homeowner is not liable for any difference between the net amount of remaining indebtedness under the mortgage and the amount recovered by the covered mortgagee from the net sales proceeds from the dwelling that is subject to the mortgage (based upon the amount of the accumulated equity selected by the veteran to be subject to the mortgage, as agreed upon by the veteran and the mortgagee); ``(7) contains such terms and provisions with respect to insurance, repairs, alterations, payment of taxes, default reserve, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters as the Secretary may prescribe; ``(8) provides for future payments to the veteran, based on accumulated equity (minus any applicable fees and charges), that are calculated according one of the following methods chosen by the homeowner: ``(A) payment based upon a line of credit; ``(B) payment on a monthly basis over a term specified by the homeowner; ``(C) payment on a monthly basis over a term specified by the homeowner and based upon a line of credit; ``(D) payment on a monthly basis over the tenure of the homeowner; ``(E) payment on a monthly basis over the tenure of the homeowner and based upon a line of credit; or ``(F) payment on any other basis that the Secretary considers appropriate; ``(9) provides that the homeowner may convert the method of payment chosen under paragraph (8) to any other method under such paragraph during the term of the loan, except that in the case of a fixed-rate home equity conversion mortgage, the Secretary may, by regulation, limit such convertibility; ``(10) contains such restrictions as the Secretary may determine are appropriate to ensure that the homeowner does not fund any unnecessary or excessive costs for obtaining the mortgage, including any costs of estate planning, financial advice, or other related services; and ``(11) satisfies any other requirements prescribed by the Secretary. ``(d) Conditions of Guarantee.--(1) The Secretary shall require the covered mortgagee of a home equity conversion mortgage guaranteed under this section to make available to the elderly veteran homeowner-- ``(A) at the time of the application for the loan in connection with the mortgage, a written list of the names and addresses of third-party information sources who are approved by the Secretary as responsible and able to provide the information required by subsection (e); ``(B) by not later than 10 days before closing on the loan, a statement informing the elderly veteran homeowner of such homeowner's limited liability under the mortgage, as well as the homeowner's rights, obligations, and remedies with respect to temporary absences from the home, late payments, and payment default by the lender, along with any conditions requiring satisfaction of the loan obligation and any other information that the Secretary may require; ``(C) by not later than January 31 of each year, an annual statement summarizing for the preceding calendar year the total principal amount paid to the homeowner under the loan secured by the home equity conversion mortgage, the total amount of deferred interest added to the principal, and the outstanding loan balance at the end of that year; and ``(D) before closing on the loan, a statement of the projected total cost of the mortgage to the veteran homeowner based upon the projected total future loan balance (such cost expressed as a single average annual interest rate for at least two different appreciation rates for the term of the mortgage) for not less than two projected loan terms, as determined by the Secretary, which shall include-- ``(i) the cost for a short-term home equity conversion mortgage; and ``(ii) the cost for a loan term equaling the actuarial life expectancy of the veteran. ``(2) The Secretary may not guarantee a home equity conversion mortgage under this section unless such mortgage provides that the elderly veteran homeowner's responsibility to satisfy the loan obligation is deferred until the homeowners death, the sale of the home, or the occurrence of certain other events specified in regulations by the Secretary. ``(e) Information Provided to Homeowner.--(1) The Secretary shall provide or arrange, before executing on a home equity conversion mortgage under this section, for a third-party to provide to the elderly veteran homeowner under the mortgage a full disclosure that clearly states-- ``(A) all of the costs charged to the homeowner, including the costs of estate planning, financial advice, and other services that are related to the mortgage but are not required to obtain the mortgage; and ``(B) which of the costs under subparagraph (A) are required to obtain the mortgage and which are not required to obtain the mortgage; and ``(2) The Secretary may, in lieu of carrying out paragraph (1), adopt an alternative approach to educating an elderly veteran homeowner, but only if such alternative approach provides to the homeowner all of the information specified such paragraphs. For the purpose of carrying out the preceding sentence, the Secretary shall consult with industry representatives, consumer groups, representatives of counseling organizations, and other interested parties to identify alternative approaches to providing to the elderly veteran homeowner the information required under this subsection that may be feasible and desirable for home equity conversion mortgages guaranteed under this section. ``(f) Limitation on Amount of Benefits.--In no case may the benefit from a guarantee of a mortgage under this section exceed the maximum guarantee amount under section 3703 of this title. ``(g) Additional Authority.--(1) To further the purposes of this section, the Secretary shall take any action necessary-- ``(A) to provide any elderly veteran homeowner with funds to which the homeowner is entitled under a mortgage guaranteed under this section, but that the homeowner has not received because of the default of the party responsible for payment; ``(B) to obtain repayment from any source of any amount provided to a homeowner under subparagraph (A); and ``(C) to provide a covered mortgagee with funds to which the mortgagee is entitled under the terms of a mortgage guaranteed under this section. ``(2) Actions under paragraph (1) may include-- ``(A) disbursing funds to the elderly veteran homeowner or covered mortgagee from the Veterans Housing Benefit Program Fund; ``(B) accepting an assignment of the guaranteed mortgage, notwithstanding that the homeowner is not in default under the terms of the mortgage, and calculating the amount and making the payment of a claim on such assigned mortgage; ``(C) requiring a subordinate mortgage from the homeowner at any time in order to secure repayments of any funds previously advanced or to be advanced to the homeowner; ``(D) requiring a subrogation to the Secretary of the rights of any parties to the transaction against any defaulting parties; and ``(E) imposing premium charges. ``(h) Exemption From Certain Provisions of Law.--Section 137(b) of the Truth in Lending Act (15 U.S.C. 1647(b)) and any implementing regulations issued by the Board of Governors of the Federal Reserve System shall not apply to a mortgage guaranteed under this section. ``(i) Authority To Guarantee Mortgages for Refinancing.--(1) The Secretary may, upon application by a covered mortgagee, guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed under this section. ``(2) As a condition of guaranteeing a mortgage under this subsection, the Secretary shall require that the covered mortgagee of a home equity conversion mortgage guaranteed under this subsection provide to the elderly veteran homeowner, within an appropriate period of time and in a manner, a good faith estimate of-- ``(A) the total cost of the refinancing; and ``(B) the increase in the homeowner's principal limit as measured by the estimated initial principal limit on the mortgage to be guaranteed under this subsection, less the current principal limit on the home equity conversion mortgage that is being refinanced and guaranteed under this subsection. ``(3) The amount of the loan fee for a mortgage refinanced under this subsection shall be determined by the Secretary under section 3729 of this title. ``(4) In the case of an elderly veteran homeowner who applies for refinancing under this subsection, the Secretary may waive the requirement that the homeowner receive information under subsection (e), but only if-- ``(A) the increase in the principal limit exceeds the amount of the total cost of refinancing by an amount to be determined by the Secretary; and ``(B) the time between the closing of the original home equity conversion mortgage being refinanced through the mortgage guaranteed under this subsection and the application for a refinancing mortgage guaranteed under this subsection does not exceed five years. ``(j) Origination Fee.--The Secretary may establish a limit on the origination fee that may be charged to an elderly veteran homeowner for a mortgage guaranteed under this section, except that such limitation shall provide that the origination fee may be fully financed with the mortgage and shall include any fees paid to correspondent mortgagees approved by the Secretary. ``(k) Fee Waiver.--(1) Notwithstanding section 3729 of this title, in the case of a mortgage guaranteed under this section for which the total amount (except as provided under paragraph (2)) of all future payments described in subsection (l)(4)(B) are to be used only to fund the cost of a qualified long-term care insurance contract that covers the elderly veteran homeowner or a member of the homeowner's household residing in the property subject to the mortgage, the Secretary may not charge or collect the loan fee otherwise required under subparagraph (a) of such section. ``(2) A mortgage described in paragraph (1) may provide for financing of any amount used to satisfy outstanding mortgage obligations (in accordance with such limitations as the Secretary shall prescribe) and any amount used for initial service charges, appraisal, inspection, and other fees (as approved by the Secretary) in connection with such mortgage, and the amount of future payments shall be reduced accordingly. ``(3) For purposes of this subsection, the term `qualified long- term care insurance contract' has the meaning given such term in section 7702B of the Internal Revenue Code of 1986 (26 U.S.C. 7702B), except that such contract shall also meet the requirements of-- ``(A) sections 9 (relating to disclosure), 24 (relating to suitability), and 26 (relating to contingent nonforfeiture) of the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000); and ``(B) section 8 (relating to contingent nonforfeiture) of the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000). ``(l) Definitions.--For the purposes this section: ``(1) The term `elderly veteran homeowner' means any homeowner who is, or whose spouse is, a veteran who is eligible for housing loan benefits under this title and who is at least 62 years of age or such higher age as the Secretary may prescribe. ``(2) The term `mortgage' means a first mortgage or first lien-- ``(A) on real estate, in fee simple; ``(B) on all stock allocated to a dwelling in a residential cooperative housing corporation; or ``(C) on a leasehold that is-- ``(i) under a lease for not less than 99 years that is renewable; or ``(ii) under a lease having a period of not less than 10 years to run beyond the maturity date of the mortgage. ``(3) The term `first mortgage' means a first lien that is given to secure an advance on, or the unpaid purchase price of, real estate or all stock allocated to a dwelling unit in a residential cooperative housing corporation, under the laws of the State in which the real estate or dwelling unit is located, together with any credit instruments secured for such purpose. ``(4) The term `home equity conversion mortgage' means a housing loan, as defined in section 3701 of this chapter that-- ``(A) is secured by a first mortgage; ``(B) provides for future payments to the homeowner based on accumulated equity; and ``(C) is made by-- ``(i) a Federal land bank, National bank, State bank, private bank, building and loan association, insurance company, credit union, or mortgage and loan company, that is subject to examination and supervision by an agency of the United States or of any State; or ``(ii) a State; or ``(iii) a lender or mortgage broker approved by the Secretary pursuant to standards established by the Secretary.''. (b) Conforming Amendment.--Section 3701(a) of such title is amended by striking ``sections 3710(a) and 3712(a)(1)'' and inserting ``sections 3710(a), 3712(a)(1), and 3715''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the items relating to subchapter II the following new item: ``3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners.''.

Veteran Home Equity Conversation [sic] Mortgage Act of 2007 - Authorizes the Secretary of Veterans Affairs to guarantee any home equity conversion mortgage (mortgage) made to an elderly (62 or older) veteran homeowner, as long as the Secretary determines that the mortgage: (1) is likely to improve the financial situation or otherwise meet the special needs of the homeowner; (2) will include safeguards to offset special risks associated with such a mortgage; and (3) has appropriate terms to ensure its acceptance in the secondary mortgage market. Allows such mortgage to be guaranteed only if it is secured by a dwelling, farm residence, or manufactured home permanently affixed to a lot that is owned and occupied by the elderly veteran homeowner. Authorizes the Secretary to: (1) guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed by the Secretary; (2) establish a mortgage guarantee fee; and (3) waive the mortgage guarantee fee in certain circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cavernous Angioma CARE Center Act of 2010''. SEC. 2. FINDINGS. Congress finds as follows: (1) Cavernous angioma, also termed ``cerebral cavernous malformations'' or ``CCM'', affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved though costly and specialized medical imaging techniques. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery, and no treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the ``common Hispanic mutation'' that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects tens of thousands of individuals in New Mexico. (10) Other States with high rates of cavernous angioma include Texas, Arizona, and Colorado. (11) Senate Resolution 148, 111th Congress, agreed to May 13, 2009, which was adopted unanimously, expresses the sense of the Senate that there is a critical need to increase research, awareness, and education about cerebral cavernous malformations. (12) The National Institutes of Health promotes advances in biomedical research by supporting extramural research at institutes of higher education, in part through extramural centers of excellence. These centers promote research through a multidisciplinary, team-based approach in order to better understand complex biomedical systems and translate basic scientific discoveries into useful clinical applications. (13) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need for a Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center in order to provide a model medical system for other such centers, to facilitate medical research to develop a cure for cavernous angioma, and to enhance the medical care of individuals with cavernous angioma nationwide. (14) Given the existing programs and expertise at the University of New Mexico, the first coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center should be established at the University of New Mexico. SEC. 3. CAVERNOUS ANGIOMA CARE CENTER. 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. CAVERNOUS ANGIOMA CARE CENTERS OF EXCELLENCE. ``(a) Establishment of New Mexico Cavernous Angioma CARE Center of Excellence.--The Director of NIH shall establish a coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico (referred to in this section as the `CARE Center') to provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma, and to serve as a model for medical schools and research institutions and to provide support to such schools and institutions. ``(b) Requirements.--The CARE Center established under subsection (a) shall-- ``(1) consist of full- and part-time cavernous angioma researchers, clinicians, and medical staff including-- ``(A) a medical director with expertise in cavernous angioma research and clinical care; ``(B) a headache or pain specialist; ``(C) an epilepsy specialist; ``(D) a psychiatrist; ``(E) a neuropsychologist; ``(F) a dermatologist; ``(G) a nurse practitioner with a specialty in neurology or neurosurgery; ``(H) a nurse coordinator to facilitate patient advocacy and research; ``(I) a research coordinator to facilitate research; ``(J) a clinical nurse dedicated to clinical care and in-patient management; ``(K) a radiology specialist; ``(L) a clinical vascular fellow; ``(M) a basic science postdoctoral fellow; and ``(N) a genetic counselor; ``(2) be affiliated with a university medical center with an accredited medical school that provides education and training in neurological disease, in which medical students and residents receive education and training in the diagnosis and treatment of cavernous angioma; ``(3) maintain a program through which postdoctoral fellows receive research training in basic, translational, or clinical cavernous angioma research; ``(4) recruit new innovative researchers and clinicians to the field of cavernous angioma care and research; ``(5) establish a continuing medical education program through which medical clinicians receive professional training in cavernous angioma care and patient management; ``(6) maintain programs dedicated to patient advocacy, patient outreach, and education, including-- ``(A) launching a multimedia public awareness campaign; ``(B) creating and distributing patient education materials for distribution by national physician and surgeon offices; ``(C) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma; ``(D) coordinating regular patient and family- oriented educational conferences; and ``(E) developing electronic health teaching and communication tools and a network of professional capacity and patient and family support; ``(7) be capable of establishing and maintaining communication with other major cavernous angioma research and care institutions for information sharing and coordination of research activities; ``(8) facilitate translational projects and collaborations for clinical trials; and ``(9) establish an advisory board to advise and assist the Director of the CARE Center composed of-- ``(A) at least 1 individual with cavernous angioma or family member of such an individual; ``(B) at least 1 representative of a patient advocacy group; ``(C) at least 1 physician and at least 1 scientist with expertise in cavernous angioma and other relevant biomedical disciplines; and ``(D) at least 1 representative of the institution affiliated with the CARE Center. ``(c) Director of CARE Center.-- ``(1) In general.--The CARE Center shall be headed by a Director, who shall have expertise in cavernous angioma patient care and research. ``(2) Duties of the director.--To promote increased understanding and treatment of cavernous angioma and provide the highest quality medical and surgical care for individuals with cavernous angioma, the Director of the CARE Center shall-- ``(A) ensure that the CARE Center provides community-, family-, and patient-centered, culturally sensitive care; ``(B) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care; and ``(C) develop the CARE Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma. ``(d) Reporting.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Cavernous Angioma CARE Center Act of 2010, and biannually thereafter, the advisory board established under subsection (b)(9) shall submit a report on the activities of the CARE Center to the Secretary. ``(2) Content.--The report described in paragraph (1) shall include-- ``(A) a description of the progress made in implementing the requirements of this section; ``(B) a description of the amount expended on the implementation of such requirements; and ``(C) a description of other activities and outcomes of the CARE Center, as appropriate. ``(e) Authorization of Appropriations.--To establish and operate the Care Center, there is authorized to be appropriated $2,000,000 for fiscal year 2011.''.

Cavernous Angioma CARE Center Act of 2010 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish the Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico to: (1) provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma; and (2) serve as a model for, and provide support to, medical schools and research institutions. Requires the Director of the Center to: (1) ensure that the Center provides community-, family-, and patient-centered culturally sensitive care; (2) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care; and (3) develop the Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma.

SECTION 1. RESTORATION OF INVESTMENT CREDIT. (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 general investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, the general investment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new section 38 property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used section 38 property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this part. ``(3) Section 38 property.--For purposes of this subsection, the term `section 38 property' means-- ``(A) tangible personal property (other than an air conditioning or heating unit), or ``(B) other tangible property (not including a building and its structural components) but only if such property-- ``(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or ``(ii) constitutes a research facility used in connection with any of the activities referred to in clause (i), or ``(iii) constitutes a facility used in connection with any of the activities referred to in clause (i) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state), or ``(C) elevators and escalators, but only if-- ``(i) the construction, reconstruction, or erection of the elevator or escalator is completed by the taxpayer, or ``(ii) the original use of such elevator or escalator commences with the taxpayer, or ``(D) single purpose agricultural or horticultural structures; or ``(E) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum. Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(4) 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. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (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.'' (c) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any new section 38 property and the cost of any used section 38 property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any section 38 property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(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 periods after the date of the enactment of this Act under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, and sewage disposal services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Criminal Disarmament Act of 2013''. SEC. 2. GRANT PROGRAM REGARDING FIREARMS. Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amended-- (1) by striking ``1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary''; (2) by inserting before paragraph (1) the following: ``(1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary--''; (3) by redesignating paragraph (1) as subparagraph (A); (4) in paragraph (2)-- (A) by striking the period at the end and inserting ``; or''; and (B) by redesignating paragraph (2) as subparagraph (B); and (5) by adding at the end the following: ``(2) 1 or more States, if that State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that-- ``(A) impose restrictions and penalties substantially similar to or more comprehensive than those in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; ``(B) require that State and local courts-- ``(i) consider whether an individual being prosecuted for a crime for which the restrictions described in paragraph (1) apply possesses firearms that-- ``(I) have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child; or ``(II) may otherwise pose a danger to the victim and the victim's child; ``(ii) consider whether an individual who is subject to any other protection order as defined by section 2266(s) of title 18, United States Code, or who is subject to any other protection order for which the restrictions described in paragraph (1) do not ordinarily apply possesses firearms that-- ``(I) have been or are likely to be used to threaten, harass, menace, or harm the victim; or ``(II) may otherwise pose a danger to the victims; and ``(iii) order the seizure or surrender of firearms and ammunition from individuals subject to the restrictions described in paragraph (1) or any of the findings specified in clause (i) or (ii) of subparagraph (A) or clause (i) or (ii) of subparagraph (B); ``(C) are designed to ensure that State or local law enforcement execute the seizure or surrender of firearms and ammunition authorized in paragraph (2)(C) when a person subject to a protection order or a person being prosecuted for or convicted of a crime for which the restrictions described in paragraph (1) apply is reported to possess firearms and the firearms are obtained or possessed illegally; ``(D) provide for the seizure or surrender of firearms and ammunition described in paragraph (2)(C) and return of such firearms and ammunition in a manner that protects the safety of persons victimized by individuals who are subject to protection orders or charged or convicted of a crime for which the restrictions described in paragraph (1) apply; and ``(E) give State and local law enforcement the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim.''.

Domestic Violence Criminal Disarmament Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to reserve not more than 5% of Edward Byrne Memorial Justice Assistance Grant Program funds for one or more states that have demonstrated that such a state has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those under federal criminal code provisions prohibiting the sale or other disposition of a firearm or ammunition to a person who has been convicted of domestic violence or who is subject to a protective order with respect to an intimate partner; require state and local courts to: (1) consider whether such person possesses firearms that have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child or may otherwise pose a danger to the victim; and (2) order the seizure or surrender of firearms and ammunition from such person; are designed to ensure that state or local law enforcement execute the seizure or surrender of authorized firearms and ammunition when such person is reported to possess firearms that are obtained or possessed illegally; provide for the seizure or surrender of authorized firearms and ammunition and the return of such firearms and ammunition in a manner that protects the safety of victims of such persons; and give state and local law enforcement the authority, to the extent allowable under federal laws and the U.S. Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cross-Border Trade Enhancement Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator; administration.--The terms ``Administrator'' and ``Administration'' mean the Administrator of General Services and the General Services Administration, respectively. (2) Person.--The term ``person'' means-- (A) an individual; or (B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PROVISION OF CERTAIN SERVICES AT LAND BORDER PORTS OF ENTRY. (a) Authority To Enter Into Agreements.-- (1) In general.--Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Secretary may, during the 10- year period beginning on the date of the enactment of this Act and upon the request of any person, enter into an agreement with that person under which-- (A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a land border port of entry; and (B) that person will pay a fee imposed under subsection (b) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services. (2) Services described.--Services described in this paragraph are any services related to customs and immigration matters provided by an employee or contractor of U.S. Customs and Border Protection at land border ports of entry. (b) Fee.-- (1) In general.--The Secretary shall impose a fee on a person requesting the provision of services by U.S. Customs and Border Protection pursuant to an agreement entered into under subsection (a) to reimburse U.S. Customs and Border Protection for the costs of providing such services, including-- (A) the salaries and expenses of the employees or contractors of U.S. Customs and Border Protection that provide such services and temporary placement or relocation costs for those employees or contractors; and (B) any other costs incurred by U.S. Customs and Border Protection in providing services pursuant to agreements entered into under subsection (a). (2) Failure to pay fee.--U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Secretary that a fee imposed under paragraph (1) is due, fails to pay the fee in a timely manner. (3) Receipts credited as offsetting collections.-- Notwithstanding section 3302 of title 31, United States Code, a fee collected under paragraph (1) pursuant to an agreement entered into under subsection (a) shall-- (A) be credited as an offsetting collection to the account that finances the salaries and expenses of U.S. Customs and Border Protection; (B) be available for expenditure only to pay the costs of providing services pursuant to that agreement; and (C) remain available until expended without fiscal year limitation. SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS FOR CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AT LAND BORDER PORTS OF ENTRY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish procedures for evaluating a proposal submitted by any person to-- (1) enter into a cost-sharing or reimbursement agreement with the Administration to facilitate the construction or maintenance of a facility or other infrastructure at a land border port of entry; or (2) provide to the Administration an unconditional gift of property pursuant to section 3175 of title 40, United States Code, to be used in the construction or maintenance of a facility or other infrastructure at a land border port of entry. (b) Requirements.--The procedures established under subsection (a) shall provide, at a minimum, for the following: (1) Not later than 90 days after receiving a proposal pursuant to subsection (a) with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Administrator shall-- (A) make a determination with respect to whether or not to approve the proposal; and (B) notify the person that submitted the proposal of-- (i) the determination; and (ii) if the Administrator did not approve the proposal, the reasons for the determination. (2) In determining whether or not to approve such a proposal, the Administrator shall consider-- (A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (B) the potential of the proposal to increase trade and travel efficiency through added capacity; and (C) the potential of the proposal to enhance the security of the port of entry.

Cross-Border Trade Enhancement Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to enter into agreements with persons for the U.S. Customs and Border Protection (CBP) to provide customs and immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services. Directs the Administrator of General Services to establish procedures for evaluating proposals submitted by persons to: (1) enter into cost-sharing or reimbursement agreements with the General Services Administration (GSA) for the construction or maintenance of infrastructure at a land border port of entry, and (2) provide GSA an unconditional gift of property for use in the construction or maintenance of such infrastructure. Prescribes minimum requirements for such procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Act Reauthorization of 2003''. SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950. (a) In General.--The 1st sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended-- (1) by striking ``sections 708'' and inserting ``sections 707, 708,''; and (2) by striking ``September 30, 2003'' and inserting ``September 30, 2004''. (b) Authorization of Appropriations.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking ``through 2003'' and inserting ``through 2004''. SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS. (a) In General.--Notwithstanding the limitation contained in section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000. (b) Report by the Secretary.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing-- (1) the current state of the domestic industrial base for radiation-hardened electronics; (2) the projected requirements of the Department of Defense for radiation-hardened electronics; (3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and (4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950, as of the date of the enactment of this Act. SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY. Subsection (a) of section 705 of the Defense Production Act of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting after the end of the 1st sentence the following new sentence: ``The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.''. SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended-- (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively; (2) by inserting after paragraph (2) the following new paragraph: ``(3) Critical infrastructure.--The term `critical infrastructure' means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.''; and (3) in paragraph (14) (as so redesignated by paragraph (1) of this section), by inserting ``and critical infrastructure protection and restoration'' before the period at the end of the last sentence. SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED BUSINESSES. (a) Report Required.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the extent to which contracts entered into during the fiscal year ending before the end of such 1-year period under the Defense Production Act of 1950 have been contracts with minority- and women-owned businesses. (b) Contents of Report.--The report submitted under subsection (a) shall include the following: (1) The types of goods and services obtained under contracts with minority- and women-owned businesses under the Defense Production Act of 1950 in the fiscal year covered in the report. (2) The dollar amounts of such contracts. (3) The ethnicity of the majority owners of such minority- and women-owned businesses. (4) A description of the types of barriers in the contracting process, such as requirements for security clearances, that limit contracting opportunities for minority- and women-owned businesses, together with such recommendations for legislative or administrative action as the Secretary of Defense may determine to be appropriate for increasing opportunities for contracting with minority- and women-owned businesses and removing barriers to such increased participation. (c) Definitions.--For purposes of this section, the terms ``women- owned business'' and ``minority-owned business'' have the meanings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term ``minority'' has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. SEC. 7. COMMERCE RESPONSIBILITIES REGARDING CONSULTATION WITH FOREIGN NATIONS. (a) Offsets in Defense Procurements.--Section 123(c) of the Defense Production Act Amendments of 1992 (50 U.S.C. App. 2099 note) is amended to read as follows: ``(c) Negotiations.-- ``(1) Interagency team.--It is the policy of Congress that the President shall designate the Secretary of Commerce to lead, in coordination with the Secretary of State, an interagency team to negotiate with foreign nations the elimination of offset arrangements, industrial participation, or similar arrangements in defense procurement. The President shall transmit an annual report on the results of these negotiations to the Congress as part of the report required under section 309(a) of the Defense Production Act of 1950. ``(2) Recommendations for modifications.--Pending the elimination of the arrangements described in paragraph (1), the interagency team shall submit to the Secretary of Defense any recommendations for modifications of a memorandum of understanding entered into under section 2531 of title 10, United States Code, or a related agreement that the team considers to be an appropriate response to a contractual offset, industrial participation, or similar arrangement that is entered into under the policy to which section 2532 of such title applies. ``(3) Notification to ustr regarding offsets.--If the interagency team determines that a foreign country is pursuing a policy on contractual offset arrangements, industrial participation arrangements, or similar arrangements in connection with the purchase of defense equipment or supplies that requires compensation for the purchase in the form of nondefense or dual-use equipment or supplies in a value greater than the defense equipment or supplies, the team shall notify the United States Trade Representative of that determination. Upon receipt of the notification, the United States Trade Representative shall treat the policy and each such arrangement as an act, policy, or practice by the foreign country 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 shall take appropriate action under title III of such Act with respect to such country.''. (b) Report on Effects of Foreign Contracts on Domestic Contractors.--Section 309(d)(1) of the Defense Production Act of 1950 (50 U.S.C. App. 2099(d)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) in subparagraph (E), by striking the period at the end and inserting the following: ``; and ``(F) a compilation of data delineating-- ``(i) the impact of foreign contracts that have been awarded through offsets, industrial participation agreements, or similar arrangements, on domestic prime contractors, and at least the first three tiers of subcontractors; and ``(ii) details of contracts with foreign 1st, 2nd, and 3rd tier subcontractors awarded through offsets, industrial participation agreements, or similar arrangements.''.

Defense Production Act Reauthorization of 2003 - Amends the Defense Production Act of 1950 to extend its expiration date and authorization of appropriations through FY 2004. Authorizes the President, under such Act, to: (1) correct the industrial shortfall for radiation-hardened electronics to the extent that such action does not cause the aggregate outstanding amount of all such actions to exceed $200 million; and (2) obtain information in order to perform industry studies assessing capabilities of the U.S. industrial base to support the national defense. Defines "critical infrastructure." Directs the Secretary of Defense to report to the House Financial Services Committee on the extent to which contracts entered into under such Act during the one-year period after the enactment of this Act have been contracts with minority- and women-owned businesses. States as the policy of Congress that the President shall designate the Secretary of Commerce to lead an interagency team to: (1) negotiate with foreign nations the elimination of offset arrangements, industrial participation, or similar arrangements in defense procurement; (2) make recommendations for modifications of memoranda of understanding with respect to such arrangements, pending their termination; and (3) notify the United States Trade Representative if a foreign country pursues a policy of offset or similar arrangements in connection with the purchase of defense equipment or supplies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Modernization Act of 2008''. SEC. 2. STANDARD DEDUCTION FOR BUSINESS USE OF HOME. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.-- ``(A) In general.--In the case of an individual who is allowed a deduction for the use of a home office because of a use described in paragraphs (1), (2), or (4) of this subsection, notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of being attributed to such use. ``(B) Standard home office deduction.--For purposes of this paragraph, the standard home office deduction is the lesser of-- ``(i) $2,000, or ``(ii) the gross income derived from the individual's trade or business for which such use occurs. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, the dollar amount in subparagraph (B)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2007' for `1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. DE MINIMIS EXCEPTION TO EXCLUSIVE USE REQUIREMENT. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) De minimis nonbusiness use.--In applying paragraph (1), personal use shall not be taken into account if such use is so small as to make accounting for it unreasonable or administratively impracticable.''. (b) Conforming Amendment.--Subparagraph (A) of section 280A(d)(4) of such Code is amended by striking ``subsection (c)(5)'' and inserting ``subsection (c)(6)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. REMOVAL OF CELLULAR TELEPHONES AND SIMILAR TELECOMMUNICATIONS EQUIPMENT FROM LISTED PROPERTY. (a) In General.--Subparagraph (A) of section 280F(d)(4) of the Internal Revenue Code of 1986 (defining listed property) is amended by adding ``and'' at the end of clause (iv), by striking clause (v), and by redesignating clause (vi) as clause (v). (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2007. SEC. 5. NONRESIDENT ALIENS PERMITTED TO BE S CORPORATION SHAREHOLDERS. (a) In General.--Paragraph (1) of section 1361(b) of the Internal Revenue Code of 1986 (defining an S corporation) is amended by adding ``and'' at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (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. 6. INCREASED DEDUCTION OF BUSINESS MEALS AND ENTERTAINMENT EXPENSES FOR QUALIFIED SMALL BUSINESSES. (a) In General.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by adding at the end the following new paragraph: ``(4) Special rule for small businesses.-- ``(A) In general.--In the case of a qualified small business, paragraph (1) shall be applied-- ``(i) by substituting `75 percent' for `50 percent' in the case of taxable years beginning in 2008, and ``(ii) by substituting `80 percent' for `50 percent' in the case of taxable years beginning after 2008. ``(B) Qualified small business.--For purposes of subparagraph (A), the term `qualified small business' means, with respect to any taxable year-- ``(i) any corporation or partnership which meets the gross receipts test of section 448(c) for the preceding taxable year, and ``(ii) any sole proprietorship which would meet such test if such proprietorship were a corporation.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 7. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS. (a) 20-Year Recovery Period for Highly Efficient HVAC&R Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which exceeds by at least 10 percent the applicable minimum performance standard for such system or component under the National Appliance Energy Conservation Act of 1987, the Energy Policy Act of 2005, or the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 90.1, ``(III) which is installed on or in a building which is nonresidential real property or residential rental property, ``(IV) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(V) which is placed in service before January 1, 2012.''. (b) 25-Year Recovery Period for Certain Other HVAC&R Equipment.-- Section 168(e)(3) of such Code is amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any property-- ``(i) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(ii) which is not described in subparagraph (F), ``(iii) which is installed on or in a building which is nonresidential real property or residential rental property, ``(iv) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(v) which is placed in service before January 1, 2012.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property........................... 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property........................... 25 years''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) and subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the item relating to subparagraph (F) and inserting the following new items: ``(F)(i)..................................... 25 (F)(ii)...................................... 20 (G).......................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007.

Small Business Tax Modernization Act of 2008 - Amends Internal Revenue Code provisions affecting small business taxpayers to: (1) allow an alternative standard tax deduction for the business use of a personal residence and establish a de minimis standard for determining personal use; (2) repeal restrictions on the depreciation deduction for cellular telephones and similar telecommunications equipment; (3) allow nonresident aliens to be S corporation shareholders; (4) increase the limit on the tax deduction for business meals and entertainment expenses; and (5) allow accelerated depreciation for energy-efficient heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential and residential rental buildings before January 1, 2012.

SECTION 1. SHORT TITLE. This Act may be cited as ``Amy Boyer's Law''. SEC. 2. PROTECTING PRIVACY BY PROHIBITING DISPLAY OF THE SOCIAL SECURITY NUMBER TO THE GENERAL PUBLIC FOR COMMERCIAL PURPOSES WITHOUT CONSENT. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``prohibition of certain misuses of the social security number ``Sec. 1150A. (a) Limitation on Display.--Except as otherwise provided in this section, no person may display to the public any individual's social security number, or any identifiable derivative of such number, without the affirmatively expressed consent, electronically or in writing, of such individual. ``(b) Prohibition of Wrongful Use as Personal Identification Number.--No person may obtain any individual's social security number, or any identifiable derivative of such number, for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for illegal purposes. ``(c) Prerequisites for Consent.--In order for consent to exist under subsection (a), the person displaying, or seeking to display, an individual's social security number, or any identifiable derivative of such number, shall-- ``(1) inform the individual of the general purposes for which the number will be utilized and the types of persons to whom the number may be available; and ``(2) obtain affirmatively expressed consent electronically or in writing. ``(d) Exceptions.--Nothing in this section shall be construed to-- ``(1) prohibit any use of social security numbers permitted or required under section 205(c)(2), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section 6109(d) of the Internal Revenue Code of 1986; ``(2) modify, limit, or supersede the operation of, or the conduct of any activity permitted under, the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or title V of the Gramm- Leach-Bliley Act (15 U.S.C. 6801 et seq.); ``(3) except as set forth in subsection (b), prohibit or limit the use of a social security number to retrieve information about an individual without displaying such number to the public; ``(4) prohibit or limit the use of the social security number for purposes of law enforcement, including investigation of fraud; or ``(5) prohibit or limit the use of a social security number obtained from a public record or document lawfully acquired from a governmental agency. ``(e) Civil Action in United States District Court; Damages; Attorneys Fees and Costs; Regulatory Coordination.-- ``(1) In general.--Any individual aggrieved by any act of any person in violation of this section may bring a civil action in a United States district court to recover-- ``(A) such preliminary and equitable relief as the court determines to be appropriate; and ``(B) the greater of-- ``(i) actual damages; ``(ii) liquidated damages of $2,500; or ``(iii) in the case of a violation that was willful and resulted in profit or monetary gain, liquidated damages of $10,000. ``(2) Attorney's fees and costs.--In the case of a civil action brought under paragraph (1)(B)(iii) in which the aggrieved individual has substantially prevailed, the court may assess against the respondent a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. ``(3) Statute of limitations.--No action may be commenced under this subsection more than 3 years after the date on which the violation was or should reasonably have been discovered by the aggrieved individual. ``(4) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other lawful remedy available to the individual. ``(f) Civil Money Penalties.-- ``(1) In general.--Any person who the Commissioner of Social Security determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law, to-- ``(A) a civil money penalty of not more than $5,000 for each such violation, and ``(B) a civil money penalty of not more than $50,000, if violations have occurred with such frequency as to constitute a general business practice. ``(2) Determination of violations.-- Any willful violation committed contemporaneously with respect to the social security numbers of 2 or more individuals by means of mail, telecommunication, or otherwise shall be treated as a separate violation with respect to each such individual. ``(3) Enforcement procedures.--The provisions of section 1128A (other than subsections (a), (b), (f), (h), (i), (j), and (m), and the first sentence of subsection (c)) and the provisions of subsections (d) and (e) of section 205 shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a), except that, for purposes of this paragraph, any reference in section 1128A to the Secretary shall be deemed a reference to the Commissioner of Social Security. ``(4) Coordination with criminal enforcement.--The Commissioner of Social Security shall take such actions as are necessary and appropriate to assure proper coordination of the enforcement of the provisions of this section with criminal enforcement under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents). The Commissioner shall enter into cooperative arrangements with the Federal Trade Commission under section 5 of the Identity Theft and Assumption Deterrence Act of 1998 (18 U.S.C. 1028 note) for purposes of achieving such coordination. ``(g) Limitation on Regulation by States.--No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under subsections (a) through (d). ``(h) Definitions.--In this section, the term `display to the general public' means the intentional placing of an individual's social security number, or identifying portion thereof, in a viewable manner on a web site that is available to the general public or in material made available or sold to the general public.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to violations occurring on and after the date which is 2 years after the date of enactment of this Act. <greek-d>

Provides that nothing in this law shall be construed to prohibit the use of social security numbers: (1) required or permitted under certain Federal laws; (2) for retrieving information about an individual without displaying the number publicly;(3) for law enforcement; or (4) obtained from a public record lawfully acquired from a governmental agency. Authorizes persons aggrieved by violations of this law to bring civil actions in district courts to recover damages. Prohibits actions from being commenced more than three years after the date the violation was or should have been reasonably discovered. Subjects violators to civil money penalties as determined by the Commissioner of Social Security in addition to any other penalties that may be prescribed.

SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY TO ELIGIBLE RETIREMENT PLANS. (a) General Rule.--If-- (1) a qualified airline employee receives any eligible rollover amount, and (2) the qualified airline employee transfers any portion of such amount to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then, except as provided in subsection (b), such amount (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid. (b) Transfers to Roth IRAs.-- (1) In general.--If a transfer described in subsection (a) is made to a Roth IRA (as defined in section 408A of the Internal Revenue Code of 1986), then-- (A) 50 percent of the portion of any eligible rollover amount so transferred shall be includible in gross income in the first taxable year following the taxable year in which the eligible rollover amount was paid, and (B) 50 percent of such portion shall be includible in gross income in the second taxable year following the taxable year in which the eligible rollover amount was paid. (2) Election to include in income in year of payment.-- Notwithstanding paragraph (1), a qualified airline employee may elect to include any portion so transferred in gross income in the taxable year in which the eligible rollover amount was paid. (3) Income limitations not to apply.--The limitations described in section 408A(c)(3) of the Internal Revenue Code of 1986 shall not apply to a transfer to which paragraph (1) or (2) applies. (c) Treatment of Eligible Rollover Amounts and Transfers.-- (1) Treatment of eligible rollover amounts for employment taxes.--For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an eligible rollover amount shall not fail to be treated as a payment of wages by the commercial passenger airline carrier to the qualified airline employee in the taxable year of payment because such amount is not includible in gross income by reason of subsection (a) or is includible in income in a subsequent taxable year by reason of subsection (b). (2) Treatment of rollovers.--A transfer under subsection (a) shall be treated as a rollover contribution described in section 408(d)(3) of the Internal Revenue Code of 1986, except that in the case of a transfer to which subsection (b) applies, the transfer shall be treated as a qualified rollover contribution described in section 408A(e) of such Code. (d) Definitions and Special Rules.--For purposes of this section-- (1) Eligible rollover amount.-- (A) In general.--The term ``eligible rollover amount'' means any payment of any money or other property which is payable by a commercial passenger airline carrier to a qualified airline employee-- (i) under the approval of an order of a Federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and (ii) in respect of the qualified airline employee's interest in a bankruptcy claim against the carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount. (B) Exception.--An eligible rollover amount shall not include any amount payable on the basis of the carrier's future earnings or profits. (2) Qualified airline employee.--The term ``qualified airline employee'' means an employee or former employee of a commercial passenger airline carrier who was a participant in a defined benefit plan maintained by the carrier which-- (A) is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code, and (B) was terminated or became subject to the restrictions contained in paragraphs (2) and (3) of section 402(b) of the Pension Protection Act of 2006. (3) Reporting requirements.--If a commercial passenger airline carrier pays 1 or more eligible rollover amounts, the carrier shall, within 90 days of such payment (or, if later, within 90 days of the date of the enactment of this Act), report-- (A) to the Secretary of the Treasury, the names of the qualified airline employees to whom such amounts were paid, and (B) to the Secretary and to such employees, the years and the amounts of the payments. Such reports shall be in such form, and contain such additional information, as the Secretary may prescribe. (e) Effective Date.--This section shall apply to transfers made after the date of the enactment of this Act with respect to eligible rollover amounts paid before, on, or after such date.

Allows employees of commercial passenger airlines who receive payments from a bankruptcy case filed between September 11, 2001, and January 1, 2007, as compensation for lost pension plan benefits to rollover such payments into an individual retirement account (IRA), except for a Roth IRA, without tax or tax penalty.

SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2009''. (b) Findings.--Congress finds the following: (1) In 2007, direct-care registered nurses ranked seventh among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work-- 8,580 total cases. Nursing aides, orderlies, and attendants sustained 24,340 musculoskeletal disorders in 2007, the second highest of any occupation. The leading cause of these injuries in health care are the result of patient lifting, transferring, and repositioning injuries. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical lift programs can substantially reduce skin tears suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care. (4) The development of assistive patient handling equipment and devices has essentially rendered the act of strict manual patient handling unnecessary as a function of nursing care. (5) A growing number of health care facilities have incorporated patient handling technology and have reported positive results. Injuries among nursing staff have dramatically declined since implementing patient handling equipment and devices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) Establishing a safe patient handling and injury prevention standard for direct-care registered nurses and other health care workers is a critical component in protecting nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling and injury prevention standard. Sec. 3. Protection of direct-care registered nurses and health care workers. Sec. 4. Application of safe patient handling and injury prevention standard to health care facilities not covered by OSHA. Sec. 5. Financial assistance to needy health care facilities in the purchase of safe patient handling and injury prevention equipment. Sec. 6. Definitions. SEC. 2. SAFE PATIENT HANDLING AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), propose a standard on safe patient handling and injury prevention (in this section such standard referred to as the ``safe patient handling and injury prevention standard'') under such section to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients in health care facilities. A final safe patient handling and injury prevention standard shall be promulgated not later than 2 years after the date of the enactment of this Act. (b) Requirements.--The safe patient handling and injury prevention standard shall require the use of engineering controls to perform lifting, transferring, and repositioning of patients and the elimination of manual lifting of patients by direct-care registered nurses and all other health care workers, through the use of mechanical devices to the greatest degree feasible except where the use of safe patient handling practices can be demonstrated to compromise patient care. The standard shall apply to all health care employers and shall require at least the following: (1) Each health care employer to develop and implement a safe patient handling and injury prevention plan within 6 months of the date of promulgation of the final standard, which plan shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Each health care employer to purchase, use, maintain, and have accessible an adequate number of safe lift mechanical devices not later than 2 years after the date of issuance of a final regulation establishing such standard. (3) Each health care employer to obtain input from direct- care registered nurses, health care workers, and employee representatives of direct-care registered nurses and health care workers in developing and implementing the safe patient handling and injury prevention plan, including the purchase of equipment. (4) Each health care employer to establish and maintain a data system that tracks and analyzes trends in injuries relating to the application of the safe patient handling and injury prevention standard and to make such data and analyses available to employees and employee representatives. (5) Each health care employer to establish a system to document in each instance when safe patient handling equipment was not utilized due to legitimate concerns about patient care and to generate a written report in each such instance. The report shall list the following: (A) The work task being performed. (B) The reason why safe patient handling equipment was not used. (C) The nature of the risk posed to the worker from manual lifting. (D) The steps taken by management to reduce the likelihood of manual lifting and transferring when performing similar work tasks in the future. Such reports shall be made available to OSHA compliance officers, workers, and their representatives upon request within one business day. (6) Each health care employer to train nurses and other health care workers on safe patient handling and injury prevention policies, equipment, and devices at least on an annual basis. Such training shall include providing information on hazard identification, assessment, and control of musculoskeletal hazards in patient care areas and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive classroom-based and hands-on format. (7) Each health care employer to post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling and injury prevention standard; (B) includes information regarding safe patient handling and injury prevention policies and training; and (C) explains procedures to report patient handling- related injuries. (8) Each health care employer to conduct an annual written evaluation of the implementation of the safe patient handling and injury prevention plan, including handling procedures, selection of equipment and engineering controls, assessment of injuries, and new safe patient handling and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, and their representatives and shall be documented in writing. Health care employers shall take corrective action as recommended in the written evaluation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling and injury prevention standard. SEC. 3. PROTECTION OF DIRECT-CARE REGISTERED NURSES AND HEALTH CARE WORKERS. (a) Refusal of Assignment.--The Secretary shall ensure that a direct-care registered nurse or other health care worker may refuse to accept an assignment from a health care employer if-- (1) the assignment would subject the worker to conditions that would violate the safe patient handling and injury prevention standard; or (2) the nurse or worker has not received training described in section 2(a)(5) that meets such standard. (b) Retaliation for Refusal of Lifting Assignment Barred.-- (1) No discharge, discrimination, or retaliation.--No health care employer shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a direct-care registered nurse or other health care worker based on the nurse's or worker's refusal of a lifting assignment under subsection (a). (2) No filing of complaint.--No health care employer shall file a complaint or a report against a direct-care registered nurse or other health care worker with the appropriate State professional disciplinary agency because of the nurse's or worker's refusal of a lifting assignment under subsection (a). (c) Whistleblower Protection.-- (1) Retaliation barred.--A health care employer shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any nurse or health care worker who in good faith, individually or in conjunction with another person or persons-- (A) reports a violation or a suspected violation of this Act or the safe patient handling and injury prevention standard to the Secretary of Labor, a public regulatory agency, a private accreditation body, or the management personnel of the health care employer; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this Act; or (C) informs or discusses with other individuals or with representatives of health care employees a violation or suspected violation of this Act. (2) Good faith defined.--For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- (A) the information reported or disclosed is true; and (B) a violation of this Act or the safe patient handling and injury prevention standard has occurred or may occur. (d) Complaint to Secretary.-- (1) Filing.--A direct-care registered nurse, health care worker, or other individual may file a complaint with the Secretary of Labor against a health care employer that violates this section within 180 days of the date of the violation. (2) Response to complaint.--For any complaint so filed, the Secretary shall-- (A) receive and investigate the complaint; (B) determine whether a violation of this Act as alleged in the complaint has occurred; and (C) if such a violation has occurred, issue an order that sets forth the violation and the required remedy or remedies. (3) Remedies.--The Secretary shall have the authority to order all appropriate remedies for such violations. (e) Cause of Action.--Any direct-care registered nurse or other health care worker who has been discharged, discriminated, or retaliated against in violation of this section may bring a cause of action in a United States district court. A direct-care registered nurse or other health care worker who prevails on the cause of action shall be entitled to the following: (1) Reinstatement, reimbursement of lost wages, compensation, and benefits. (2) Attorneys' fees. (3) Court costs. (4) Other damages. (f) Notice.--A health care employer shall include in the notice required under section 2(b)(7) an explanation of the rights of direct- care registered nurses and health care workers under this section and a statement that a direct-care registered nurse or health care worker may file a complaint with the Secretary against a health care employer that violates the safe patient handling and injury prevention standard, including instructions for how to file such a complaint. (g) Addition to Current Protections.--The worker protections provided for under this section are in addition to protections provided in section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)). SEC. 4. APPLICATION OF SAFE PATIENT HANDLING AND INJURY PREVENTION STANDARD TO HEALTH CARE FACILITIES NOT COVERED BY OSHA. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2009)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), inserting ``and the safe patient handling and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), inserting ``or the safe patient handling and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling and injury prevention standard required under section 2. SEC. 5. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE FACILITIES IN THE PURCHASE OF SAFE PATIENT HANDLING AND INJURY PREVENTION EQUIPMENT. (a) In General.--The Secretary of Health and Human Services shall establish a grant program that provides financial assistance to cover some or all of the costs of purchasing safe patient handling and injury prevention equipment for health care facilities, such as hospitals, nursing facilities, home health care, and outpatient facilities, that-- (1) require the use of such equipment in order to comply with the safe patient handling and injury prevention standard; but (2) demonstrate the financial need for assistance for purchasing the equipment required under such standard. (b) Application.--No financial assistance shall be provided under this section except pursuant to an application made to the Secretary of Health and Human Services in such form and manner as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated for financial assistance under this section $200,000,000, of which $50,000,000 will be available specifically for home health agencies or entities. Funds appropriated under this subsection shall remain available until expended. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Health care worker.--The term ``health care worker'' means an individual who has been assigned to lift, reposition, or move patients or residents in a health care facility. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar health care facility that employs direct-care registered nurses or other health care workers.

Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised. Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards. Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages. Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Licensing Act of 1994''. SEC. 2. INDUCEMENT FOR STATES TO ESTABLISH A SYSTEM FOR IDENTIFYING PERSONS PROHIBITED FROM POSSESSING FIREARMS THROUGH A MAGNETIC STRIP AFFIXED TO DRIVER'S LICENSES AND OTHER IDENTIFICATION DOCUMENTS. (a) In General.--The Director of the Bureau of Justice Assistance shall reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which, in substance, provide the following: (1) Records check required before issuance of driver's license and identification documents; use of magnetic strips to identify prohibited persons.--Before the State transportation agency issues, reissues, or reinstates a license, the agency shall-- (A) conduct a record check to determine whether the applicant therefor is a prohibited person by examining the State list referred to in paragraph (4) of this subsection and the national list referred to in subsection (c)(1); and (B) affix to the license of the person a magnetic strip on which is encoded information that-- (i) identifies the licensee as a prohibited person or as a nonprohibited person; and (ii) may be discerned only through the use of an electronic device that-- (I) is read only; (II) does not have storage or communication capabilities; and (III) signals the user of the device with-- (aa) a green light if the device reads a magnetic strip that does not identify the person as a prohibited person; and (bb) a red light if the device reads a magnetic strip that identifies the person as a prohibited person. (2) Effects of felony conviction or adjudication of mental incompetency.-- (A) Seizure and voiding of driver's license.--If a State court convicts a person of a crime punishable by imprisonment for a term exceeding 1 year or adjudicates a person as mentally incompetent, the court shall seize any license issued to the person by the State transportation agency, and any such license shall be void. (B) Magnetic strip identifying licensee as a prohibited person to be attached to future licenses.-- The State transportation agency shall affix to any license issued to a prohibited person a magnetic strip of the type described in paragraph (1)(B) that identifies the licensee as a prohibited person. (3) Funding of records checks by increasing fines imposed upon convicted felons.--Any person convicted in the State of a crime punishable by imprisonment for a term exceeding 1 year shall, in addition to any sentence imposed under any other provision of State law, be fined an amount sufficient to cover the expenses of criminal records checks conducted pursuant to paragraph (1)(A), taking all such convictions into account on an annual basis. (4) Requirement to maintain and update computerized list of prohibited persons.--The State shall create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State, and, within 2 years after the date of the enactment of this Act, shall achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the then immediately preceding 5 years. (b) Definitions.--As used in this section: (1) License.--The term ``license'' means a license or permit to operate a motor vehicle on the roads and highways of the State, and any identification document issued by a State transportation agency solely for purposes of identification. (2) Prohibited person.--The term ``prohibited person'' means a person who-- (A) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year; (B)(i) has been adjudicated mentally incompetent; and (ii)(I) has not been restored to capacity by court order; or (II) has been so restored to capacity for less than 5 years; or (C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (3) State transportation agency.--The term ``State transportation agency'' means the State agency responsible for issuing a license, permit, or identification document described in paragraph (1). (c) Duties of the Attorney General.--The Attorney General of the United States shall-- (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists referred to in subsection (a)(4) with the national list referred to in paragraph (1) of this subsection; and (4) provide any responsible State agency with access to the national list, upon request. (d) Procedures for Correcting Erroneous Records.-- (1) Request for information.--Any person identified as a prohibited person in records maintained under this section may request the Attorney General of the United States to notify the person of the reasons therefor. (2) Compliance with request.--Within 5 days after receipt of a request under paragraph (1), the Attorney General shall comply with the request. (3) Submission of additional information.--Any person described in paragraph (1) may submit to the Attorney General information to correct, clarify, or supplement records maintained under this section with respect to the person. (4) Consideration and use of additional information.-- Within 5 days after receipt of such information, the Attorney General shall consider the information, investigate the matter further, correct any and all erroneous Federal records relating to such person, and notify any Federal department or agency or any State that was the source of the erroneous records of the errors. (e) Judicial Review.--Any person erroneously identified as a prohibited person in records maintained pursuant to this section may bring an action in any United States district court against the United States, or any State or political subdivision thereof which is the source of the erroneous information, for damages (including consequential damages), injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person a reasonable attorney's fee as part of the costs. SEC. 3. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A FIREARM. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(y)(1) It shall be unlawful for a person to possess a firearm unless the person is carrying an identification document, issued to the person by the transportation agency of the State in which the person resides, affixed to which is a magnetic strip of the type described in section 2(a)(1)(B) of the Firearms Licensing Act of 1994 on which is encoded information that identifies the licensee as a person who is not a prohibited person. ``(2) It shall be unlawful for any licensed dealer knowingly to-- ``(A) transfer a firearm to any person not licensed under section 923, unless the licensed dealer has used an electronic device described in section 2(a)(1)(B)(ii) of the Firearms Licensing Act of 1994 to read the magnetic strip affixed to an identification document issued to the person by the transportation agency of the State in which the premises of the licensed dealer is located; or ``(B) fail to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a firearm who is identified as a prohibited person through the use of such a device. ``(3) As used in this subsection: ``(A) The term `identification document' means a license or permit to operate a motor vehicle, and any identification document issued solely for purposes of identification. ``(B) The term ``prohibited person'' means a person who-- ``(i) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year; ``(ii)(I) has been adjudicated mentally incompetent; and ``(II)(aa) has not been restored to capacity by court order; or ``(bb) has been so restored to capacity for less than 5 years; or ``(iii) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(C) The term `transportation agency' means the agency responsible for issuing commercial or noncommercial identification documents.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(6)(A)(i) Subject to this subparagraph, a person who knowingly violates section 922(y)(1) shall be imprisoned not less than 6 months and not more than 1 year. ``(ii) Upon conviction of a violation of section 922(y)(1), the court shall offer the defendant the opportunity to seek enlistment or appointment in the Armed Forces. ``(iii) If the defendant immediately accepts the offer described in clause (ii), the court shall, in lieu of imposing any other sentence on the defendant, impose a probationary sentence on the defendant, with at least the following conditions: ``(I) The defendant shall immediately seek enlistment or appointment in the Armed Forces. ``(II) The defendant shall become enlisted or appointed in the Armed Forces within 60 days after imposition of such sentence. ``(III) The defendant shall complete the minimum period of obligated active service required under the enlistment or appointment. ``(iv) The court may not modify or reduce any of the conditions set forth in clause (iii) of a sentence of probation imposed under this subparagraph. ``(v) Subsections (c) and (d) of section 3564, and section 3565(b), shall not apply to a sentence of probation imposed under this subparagraph. ``(B) A licensed dealer who knowingly violates section 922(y)(2) shall be fined under this title in an amount that is not less than $15,000, imprisoned not less than 1 year and not more than 3 years, or both.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 2-year period that begins with the date of the enactment of this Act.

Firearms Licensing Act of 1994 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which provide for: (1) a records check before issuance of a driver's license and identification documents, and the use of magnetic strips to identify prohibited persons; (2) the seizure and voiding of the driver's license of a person convicted of a felony or adjudicated mentally incompetent, and the use of a magnetic strip identifying the licensee as a prohibited person to be attached to future licenses; (3) the funding of records checks by increasing fines imposed upon convicted felons; and (4) a requirement that the State maintain and update a computerized list of prohibited persons. Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists of prohibited persons with the national list; and (4) provide any responsible State agency with access to the national list upon request. Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review. Amends the Federal criminal code to prohibit a person from possessing a firearm unless the person is carrying an identification document that is issued to the person by the State transportation agency where the person resides and affixed with a magnetic strip on which is encoded information that identifies the licensee as a person who is not a prohibited person. Makes it unlawful for any licensed dealer to: (l) knowingly transfer a firearm to an unlicensed individual unless the dealer has used an electronic device to read such strip; or (2) fail to notify local law enforcement authorities within 72 hours of any attempt to purchase a firearm by a person who is identified as a prohibited person through the use of such a device. Sets penalties for violations. Directs the court, upon conviction of such illegal possession of a firearm, to offer the defendant the opportunity to seek enlistment or appointment in the armed forces (and if the defendant immediately accepts, to impose a probationary sentence on the defendant, conditioned on the defendant becoming enlisted or appointed within 60 days after imposition of such sentence and completing the minimum period of obligated active service required under the enlistment or appointment).

SECTION 1. REDUCED TAXES FOR PATRIOT EMPLOYERS. (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. 45N. REDUCTION IN TAX OF PATRIOT EMPLOYERS. ``(a) In General.--In the case of any taxable year with respect to which a taxpayer is certified by the Secretary as a Patriot employer, the Patriot employer credit determined under this section for purposes of section 38 shall be equal to 1 percent of the taxable income of the taxpayer which is properly allocable to all trades or businesses with respect to which the taxpayer is certified as a Patriot employer for the taxable year. ``(b) Patriot Employer.--For purposes of subsection (a), the term `Patriot employer' means, with respect to any taxable year, any taxpayer which-- ``(1) maintains its headquarters in the United States if the taxpayer has ever been headquartered in the United States, ``(2) pays at least 60 percent of each employee's health care premiums, ``(3) if such taxpayer employs at least 50 employees on average during the taxable year-- ``(A) maintains or increases the number of full- time workers in the United States relative to the number of full-time workers outside of the United States, ``(B) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of three for the calendar year in which the taxable year begins divided by 2,080, ``(C) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation, and ``(D) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called for active duty, and ``(4) if such taxpayer employs less than 50 employees on average during the taxable year, either-- ``(A) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of 3 for the calendar year in which the taxable year begins divided by 2,080, or ``(B) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation.''. (b) Allowance as General Business Credit.--Section 38(b) of the Internal Revenue Code or 1986 is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, and'', and by adding at the end the following: ``(27) the Patriot employer credit determined under section 45N.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow a taxpayer certified as a Patriot employer by the Secretary of the Treasury a tax credit for one percent of such employer's taxable income. Defines a "Patriot employer" as any taxpayer who: (1) maintains its headquarters in the United States; (2) pays at least 60% of the health care premiums of its employees; (3) maintains or increases the number of its full-time workers in the United States relative to its full-time workers outside of the United States: (4) provides its employees with a certain level of compensation and retirement benefits; and (5) provides full differential salary and insurance benefits for all National Guard and Reserve employees called to active duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar Bill Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Article I, section 8 of the Constitution of the United States provides that the Congress shall have Power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (2) Congress effectively delegated the power to regulate the value of United States money and foreign money to the Federal Reserve System via the Federal Reserve Act of 1913. (3) The value of the United States dollar has fallen dramatically relative to gold, crude oil, other real commodities and major foreign currencies. (4) The value of the United States dollar has become unstable and uncertain. (5) The Board of Governors of the Federal Reserve System has not produced a stable and reliable value for the United States dollar. (6) The Board of Governors of the Federal Reserve System cannot reasonably be expected to produce a stable and reliable value for the United States dollar. (7) An unstable dollar slows the growth of the economy by increasing the cost of capital, increasing the risks attendant to long-term capital investment, and increasing the effective rate of the corporate income tax. (8) An unstable dollar reduces the real earnings of American workers. (9) An unstable dollar reduces the real value of financial assets held by the public. (10) An unstable dollar reduces the real value of pension plans and retirement accounts upon which Americans depend for their security. (11) An unstable dollar damages the economic and political standing of the United States in the world community. (12) An unstable dollar gives rise to anxiety, uncertainty, and risk among the financial markets and the public. SEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Before the end of the 90-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall make the value of the U.S. dollar equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc. and maintain the value of the United States dollar at this level. (b) Target.--In regulating the value of the United States dollar, the Board of Governors of the Federal Reserve System shall not conduct open market operations indirectly, as in the current practice of targeting the Federal Funds rate. (c) Promotion of Stable and Effective Financial Markets.--The Board of Governors of the Federal Reserve System shall use the banking and bank regulatory powers of the Board to maintain and promote stable and effective financial markets during and after the transition to a defined value for the United States dollar. SEC. 4. TAX DEPRECIATION. Effective January 1, 2011, all entities that depreciate capital assets for tax purposes shall be entitled to 100 percent expensing of all capital investment for tax purposes in the year that the investment is made. SEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE. In addition to the scoring that the Congressional Budget Office will do of the tax changes provided in this Act in the normal course of events, the Congressional Budget Office shall also calculate the impact on Federal revenues on a present value basis. This calculation shall be done in the manner that such calculations are done by the Social Security Trustees, and shall take into account the following: (1) That first year expensing of capital investment accelerates, but does not change the total amount of the depreciation that taxpayers take based upon their investments. (2) Capital investments by businesses have historically earned much higher returns than the interest rate on government bonds. SEC. 6. CONFLICT OF LAWS PROVISION. In the event that any provisions of this Act are found to be in conflict with those of the Full Employment and Balanced Growth Act of 1978, the provisions of this Act shall supersede the provisions of such Act to the extent of the conflict. SEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON RESERVES. Section 19(b)(12) of the Federal Reserve Act (12 U.S.C. 461(b)(12)) is amended-- (1) in the heading of such paragraph, by striking ``Earnings'' and inserting ``No earnings''; (2) in subparagraph (A), by striking ``may receive earnings to be paid by the Federal Reserve bank at least once each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates'' and inserting ``may not receive earnings paid by the Federal Reserve bank''; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B).

Dollar Bill Act of 2011 - Requires the Board of Governors of the Federal Reserve System to: (1) make the value of the U.S. dollar equal to price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.; and (2) maintain that value at this level. Prohibits the Board, in regulating the value of the U.S. dollar, from conducting open market operations indirectly, as in the current practice of targeting the federal funds rate. Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the U.S. dollar. Entitles all entities that depreciate capital assets for tax purposes to 100% expensing of all capital investment for tax purposes in the year that the investment is made. Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis. Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Title Transfer Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Conveyed property.--The term ``conveyed property'' means an eligible facility that has been conveyed to a qualifying entity under section 3(b)(1). (2) Eligible facility.-- (A) In general.--The term ``eligible facility'' means a reclamation project or facility, or a portion of a reclamation project or facility, for which the United States holds title and that meets the criteria for potential transfer established under section 5(a). (B) Inclusions.--The term ``eligible facility'' includes dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water. (3) Qualifying entity.--The term ``qualifying entity'' means a State, unit of local government, Indian tribe, municipal corporation, quasi-municipal corporation, or other entity (such as a water district) that, as determined by the Secretary, has the capacity to continue to manage the conveyed property for the same purposes that the conveyed property has been managed for under the reclamation laws. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. (a) Establishment of Title Transfer Program.--The Secretary may establish a program that-- (1) identifies and analyzes the potential for public benefits from the transfer out of Federal ownership of eligible facilities, including analyses of the financial, operational, and environmental characteristics of the eligible facilities proposed for transfer; and (2) facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities. (b) Authorization To Transfer Title to Eligible Facilities.-- (1) In general.--The Secretary, without further authorization from Congress, may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to paragraphs (2) through (6). (2) Right of first refusal.--If the entity that operates an eligible facility at the time that the Secretary attempts to facilitate the transfer of title under subsection (a)(2) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under paragraph (1). (3) Reservation of easement.--The Secretary may reserve an easement over a conveyed property if the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this Act. (4) Mineral interests.-- (A) Retention.--The Secretary shall retain any mineral interests associated with a conveyed property. (B) Management.--The mineral interests retained under subparagraph (A) shall be managed-- (i) consistent with Federal law; and (ii) in a manner that would not interfere with the purposes for which the reclamation project was authorized. (5) Interests in water.--No interests in water shall be conveyed under this Act unless the conveyance is provided for in writing in an agreement between the Secretary and the qualifying entity. (6) Additional criteria.--Title transfers under this section shall be carried out consistent with-- (A) this Act; and (B) any additional criteria or procedures that the Secretary determines to be in the public interest. (c) Restrictions on Use.--As a condition of obtaining title to an eligible facility, the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS. Before conveying eligible facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 5. ELIGIBILITY CRITERIA. (a) Establishment.--The Secretary shall establish criteria for determining whether facilities are eligible for conveyance under this Act. (b) Minimum Requirements.-- (1) Agreement of qualifying entity.--The criteria established under subsection (a) shall include a requirement that a qualifying entity agree-- (A) to accept title to the eligible facility; (B) to accept all liability for the eligible facility, except as otherwise provided in section 6; (C) to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the Secretary evaluates the potential transfer; and (D) to provide, as consideration for the assets to be conveyed, compensation to the United States in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the eligible facility to be transferred as of the date of the transfer. (2) Determinations of secretary.-- (A) In general.--The criteria established under subsection (a) shall include a requirement that the Secretary, in consultation with the Governor of any State in which the project is located, determine that the proposed transfer-- (i) would not have an unmitigated significant effect on the environment; (ii) is uncomplicated, based on, as determined by the Secretary-- (I) there being no significant opposition to the proposed transfer; (II) the eligible facility not being hydrologically integrated with other Federal or non-Federal water projects; (III) the eligible facility not generating significant quantities of electric power sold to, or eligible to be sold to, power customers (other than the project itself); and (IV) the parties to the transfer being able to reach agreement on legal, institutional, and financial arrangements relating to the conveyance; (iii) is consistent with the responsibility of the Secretary-- (I) to protect land and water resources held in trust for federally recognized Indian tribes; and (II) to ensure compliance with any applicable international treaties and interstate compacts; and (iv) is in the financial interest of the United States. (B) Publication.--The Secretary shall make publically available information on how the Secretary made the determinations under subparagraph (A). (3) Status of reclamation land.--The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this Act is-- (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if-- (i) the Secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed. SEC. 6. LIABILITY. (a) In General.--Except as provided in subsection (b), effective beginning on the date of conveyance of any eligible facility under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on the prior ownership or operation of the conveyed property. (b) Limitation.--Notwithstanding subsection (a), the United States shall retain the responsibilities and authorities of the United States for a conveyed property based on the prior ownership or operation of the conveyed property by the United States under Federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 7. BENEFITS. After a conveyance of an eligible facility under this Act-- (1) the conveyed property shall no longer be considered to be a part of a reclamation project; and (2) the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property (including project power), except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. (a) In General.--After a conveyance of title under this Act, the qualifying entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of the conveyed property. (b) Effect.-- (1) In general.--Nothing in this Act shall affect or interfere with-- (A) the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation or for any other purpose; (B) any vested right acquired under State law; or (C) any interstate compact, decree, or negotiated water rights agreement. (2) Conformity with state law.--In carrying out this Act, the Secretary shall proceed in conformity with the State laws and rights acquired under State law described in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as are necessary. (b) Use of Amounts.--Amounts made available under subsection (a) may be used-- (1) to carry out the investigations to carry out this Act; and (2) to pay any other costs associated with conveyances under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law. (c) Not Treated as Project Costs.--Expenditures made by the Secretary under this Act-- (1) shall not be a project cost assignable to a reclamation project; and (2) shall be nonreimbursable. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to carry out conveyances under this Act shall terminate 15 years after the date of enactment of this Act.

Reclamation Title Transfer Act of 2014 - Authorizes the Commissioner of the Bureau of Reclamation to establish a program that: (1) identifies and analyzes the potential for public benefits from the transfer of eligible facilities out of federal ownership, and (2) facilitates the transfer of such facilities to qualifying entities to promote more efficient management of water and water-related facilities. Defines: (1) "eligible facilities" as reclamation projects or facilities (including dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water) for which the United States holds title and that meet the criteria for potential transfer established by this Act; and (2) "qualifying entity" as a state, local government, Indian tribe, municipal or quasi-municipal corporation, or other entity (such as a water district) that has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under the reclamation laws. Authorizes the Commissioner to convey an eligible facility to a qualifying entity without further authorization from Congress. Grants a qualifying entity that is operating an eligible facility at the time conveyance is being considered the right of first refusal. Authorizes the Commissioner to reserve an easement over a conveyed property if necessary for the management of any interests retained by the federal government. Directs the Commissioner to retain any mineral interests associated with a conveyed property. Requires the Commissioner to: (1) establish criteria for determining whether facilities are eligible for conveyance under this Act, including that the qualifying entity agrees to use the eligible facility for substantially the same purposes the facility is being used for at the time the transfer is being evaluated and that such a conveyance is in the financial interest of the United States; and (2) make information on how the determinations are made publicly available. Terminates the Secretary's authority to carry out such conveyances 15 years after this Act's enactment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Renewable Energy Development Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered land.--The term ``covered land'' means land that is-- (A) public land administered by the Secretary; and (B) not excluded from the development of geothermal, solar, or wind energy under-- (i) a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (ii) other Federal law. (2) Exclusion area.--The term ``exclusion area'' means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects. (3) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or (B) public land. (4) Fund.--The term ``Fund'' means the Renewable Energy Resource Conservation Fund established by section 7(c)(1). (5) Priority area.--The term ``priority area'' means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project. (6) Public land.--The term ``public 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). (7) Renewable energy project.--The term ``renewable energy project'' means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Variance area.--The term ``variance area'' means covered land that is-- (A) not an exclusion area; and (B) not a priority area. SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM ACT OF 1970. (a) In General.--Section 234(a) of the Energy Policy Act of 2005 (42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal years beginning after the date of enactment of this Act'' and inserting ``through fiscal year 2022''. (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 (42 U.S.C. 15873(b)) is amended-- (1) by striking ``Amounts'' and inserting the following: ``(1) In general.--Amounts''; and (2) by adding at the end the following: ``(2) Authorization.--Effective for fiscal year 2017 and each fiscal year thereafter, amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, without further appropriation or fiscal year limitation, to implement the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.''. SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS. (a) Priority Areas.-- (1) In general.--The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects. (2) Deadline.-- (A) Geothermal energy.--For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of enactment of this Act. (B) Solar energy.--For solar energy, the solar energy zones established by the 2012 western solar plan of the Bureau of Land Management and any subsequent land use plan amendments shall be considered to be priority areas for solar energy projects. (C) Wind energy.--For wind energy, the Secretary shall establish priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act. (b) Variance Areas.--To the maximum extent practicable, variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)). (c) Review and Modification.--Not less frequently than once every 10 years, the Secretary shall-- (1) review the adequacy of land allocations for geothermal, solar, and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities; and (2) based on the review carried out under paragraph (1), add, modify, or eliminate priority, variance, and exclusion areas. (d) Compliance With the National Environmental Policy Act.--For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished-- (1) for geothermal energy, by supplementing the October 2008 final programmatic environmental impact statement for geothermal leasing in the western United States; (2) for solar energy, by supplementing the July 2012 final programmatic environmental impact statement for solar energy projects; and (3) for wind energy, by supplementing the July 2005 final programmatic environmental impact statement for wind energy projects. (e) No Effect on Processing Applications.--A requirement to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing an application for a renewable energy project. (f) Coordination.--In developing a supplement required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are-- (1) economically viable (including having access to transmission); (2) likely to avoid or minimize conflict with habitat for animals and plants, recreation, and other uses of covered land; and (3) consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)). (g) Removal From Classification.--In carrying out subsections (a) through (e), if the Secretary determines an area previously suited for development should be removed from priority or variance classification, not later than 90 days after the date of the determination, the Secretary shall submit to Congress a report on the determination. SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. (a) In General.--If the Secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section 4(d), the Secretary shall not require any additional review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Additional Environmental Review.--If the Secretary determines that additional environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed renewable energy project, the Secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section 4(d), to the maximum extent practicable when analyzing the potential impacts of the project. (c) Relationship to Other Law.--Nothing in this section modifies or supersedes any requirement under applicable law. SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT COORDINATION. (a) Establishment.--The Secretary shall establish a program to improve Federal permit coordination with respect to renewable energy projects on covered land. (b) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section, including to specifically expedite the environmental analysis of applications for projects proposed in a variance area, with-- (A) the Secretary of Agriculture; and (B) the Assistant Secretary of the Army for Civil Works. (2) State participation.--The Secretary may request the Governor of any interested State to be a signatory to the memorandum of understanding under paragraph (1). (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) consultation regarding, and preparation of, biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a); (E) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); and (G) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and (B) participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses. (d) Additional Personnel.--The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices, including inspection and enforcement relating to renewable energy project development on covered land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Renewable Energy Coordination Offices.--In carrying out the program established under subsection (a), the Secretary may-- (1) establish additional Bureau of Land Management Renewable Energy Coordination Offices; or (2) temporarily assign the qualified staff designated under subsection (c) to a State, district, or field office of the Bureau of Land Management to expedite the permitting of renewable energy projects. (f) Report to Congress.-- (1) In general.--Not later than February 1 of the first fiscal year beginning after the date of enactment of this Act, and each February 1 thereafter, the Secretary shall 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 describing the progress made under the program established under subsection (a) during the preceding year. (2) Inclusions.--Each report under this subsection shall include-- (A) projections for renewable energy production and capacity installations; and (B) a description of any problems relating to leasing, permitting, siting, or production. SEC. 7. DISPOSITION OF REVENUES. (a) Disposition of Revenues.--Beginning on January 1, 2017, without further appropriation or fiscal year limitation, of the amounts collected as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization (other than under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for the development of wind or solar energy on covered land-- (1) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived; (2) 25 percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived; (3) to be deposited in the Treasury and be made available to the Secretary to carry out the program established by section 6, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived-- (A) 25 percent for each of fiscal years 2016 through 2025; (B) 20 percent for each of fiscal years 2026 through 2030; (C) 15 percent for each of fiscal years 2031 through 2035; and (D) 10 percent for fiscal year 2036 and each fiscal year thereafter; and (4) to be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c)-- (A) 25 percent for each of fiscal years 2016 through 2025; (B) 30 percent for each of fiscal years 2026 through 2030; (C) 35 percent for each of fiscal years 2031 through 2035; and (D) 40 percent for fiscal year 2036 and each fiscal year thereafter. (b) Payments to States and Counties.-- (1) In general.--Amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191). (2) Payments in lieu of taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. (c) Renewable Energy Resource Conservation Fund.-- (1) In general.--There is established in the Treasury a fund, to be known as the ``Renewable Energy Resource Conservation Fund'', to be administered by the Secretary, in consultation with the Secretary of Agriculture. (2) Use of funds.--The Secretary may make funds in the Fund available to Federal, State, and tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land, for the purposes of-- (A) restoring and protecting-- (i) fish and wildlife habitat for affected species; (ii) fish and wildlife corridors for affected species; and (iii) water resources in areas affected by wind, geothermal, or solar energy development; and (B) preserving and improving recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or significantly restricted. (3) Partnerships.--The Secretary may enter into cooperative agreements with State and tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in subparagraphs (A) and (B) of paragraph (2). (4) Investment of fund.-- (A) In general.--Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (B) Use.--Any interest earned under subparagraph (A) may be expended in accordance with this subsection. (5) Intent of congress.--It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in subparagraphs (A) and (B) of paragraph (2). SEC. 8. SAVINGS CLAUSE. Notwithstanding any other provision of this Act, the Secretary shall continue to manage public land under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

Public Land Renewable Energy Development Act This bill amends the Energy Policy Act of 2005 to extend through FY2022 the authorization for deposit and use of lease revenues under the Geothermal Steam Act of 1970. Such funds shall be available to the Department of the Interior for FY2017 and afterwards to implement both the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970. Interior shall establish priority areas on covered land (i.e., public land administered by Interior and not excluded under law from the development of geothermal, solar, or wind energy) for geothermal, solar, and wind energy projects. Variance areas shall also be considered for the development of renewable energy projects under this bill, consistent with the principles of multiple use (as defined under the Federal Land Policy and Management Act of 1976). The bill defines "variance area" as covered land that is neither an exclusion area (not suitable for development of renewable energy projects) nor a priority area. Interior shall establish a program to improve federal permit coordination with respect to renewable energy projects carried out on covered land. The bill establishes the Renewable Energy Resource Conservation Fund to make funds available to federal, state, and tribal agencies for distribution in regions in which renewable energy projects are located on federal land for: (1) restoring and protecting fish and wildlife habitat and corridors for affected species and water resources in areas affected by wind, geothermal, or solar energy development; and (2) preserving and improving recreational access to federal land and water in an affected region.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom and Nondiscrimination Act of 2006''. SEC. 2. PURPOSES. The purposes of this Act are to promote competition, to facilitate trade, and to ensure competitive and nondiscriminatory access to the Internet. SEC. 3. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29, (2) by inserting after section 27 the following: ``discrimination by broadband network providers ``Sec. 28. (a) It shall be unlawful for any broadband network provider-- ``(1) to fail to provide its broadband network services on reasonable and nondiscriminatory terms and conditions such that any person can offer or provide content, applications, or services to or over the network in a manner that is at least equal to the manner in which the provider or its affiliates offer content, applications, and services, free of any surcharge on the basis of the content, application, or service; ``(2) to refuse to interconnect its facilities with the facilities of another provider of broadband network services on reasonable and nondiscriminatory terms or conditions; ``(3)(A) to block, to impair, to discriminate against, or to interfere with the ability of any person to use a broadband network service to access, to use, to send, to receive, or to offer lawful content, applications or services over the Internet; or ``(B) to impose an additional charge to avoid any conduct that is prohibited by this subsection; ``(4) to prohibit a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or ``(5) to fail to clearly and conspicuously disclose to users, in plain language, accurate information concerning any terms, conditions, or limitations on the broadband network service. ``(b) If a broadband network provider prioritizes or offers enhanced quality of service to data of a particular type, it must prioritize or offer enhanced quality of service to all data of that type (regardless of the origin or ownership of such data) without imposing a surcharge or other consideration for such prioritization or enhanced quality of service. ``(c) Nothing in this section shall be construed to prevent a broadband network provider from taking reasonable and nondiscriminatory measures-- ``(1) to manage the functioning of its network, on a systemwide basis, provided that any such management function does not result in discrimination between content, applications, or services offered by the provider and unaffiliated provider; ``(2) to give priority to emergency communications; ``(3) to prevent a violation of a Federal or State law, or to comply with an order of a court to enforce such law; ``(4) to offer consumer protection services (such as parental controls), provided that a user may refuse or disable such services; ``(5) to offer special promotional pricing or other marketing initiatives; or ``(6) to prioritize or offer enhanced quality of service to all data of a particular type (regardless of the origin or ownership of such data) without imposing a surcharge or other consideration for such prioritization or quality of service. ``(d) For purposes of this section-- ``(1) the term `affiliate' means-- ``(A) a person that directly or indirectly owns, controls, is owned or controlled by, or is under the common ownership or control with another person; or ``(B) a person that has a contract or other arrangement with a content or service provider concerning access to, or distribution of, such content or such service; ``(2) the term `broadband network provider' means a person engaged in commerce that owns, controls, operates, or resells any facility used to provide broadband network service to the public, by whatever technology and without regard to whether provided for a fee, in exchange for an explicit benefit, or for free; ``(3) the term `broadband network service' means a 2-way transmission service that connects to the Internet and transmits information at an average rate of at least 200 kilobits per second in at least one direction, irrespective of whether such transmission is provided separately or as a component of another service; and ``(4) the term `user' means a person who takes and uses broadband network service, whether provided for a fee, in exchange for an explicit benefit, or for free.'', and (3) by amending subsection (a) and the 1st sentence of subsection (b) of section 11 by striking ``and 8'' and inserting ``8, and 28''.

Internet Freedom and Nondiscrimination Act of 2006 - Amends the Clayton Act to prohibit any broadband network provider from: (1) failing to provide its services on reasonable and nondiscriminatory terms; (2) refusing to interconnect its facilities with those of another service provider on reasonable and nondiscriminatory terms; (3) blocking, impairing, discriminating against, or interfering with any person's ability to use a broadband network service to access or offer lawful content, applications, or services over the Internet (or imposing an additional charge to avoid such prohibited conduct); (4) prohibiting a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or (5) failing to clearly and conspicuously disclose to users accurate information concerning service terms. Requires a provider that prioritizes or offers enhanced quality of service to data of a particular type to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration. Permits a provider to take reasonable and nondiscriminatory measures to: (1) manage the functioning of its network and services; (2) give priority to emergency communications; (3) prevent a violation of federal or state law; (4) offer consumer protection services; (5) offer special promotional pricing or other marketing initiatives; or (6) prioritize or offer enhanced quality of service to all data of a particular type without imposing a surcharge or other consideration.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fresh Regional Eating for Schools and Health Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES Sec. 101. Supplemental nutrition assistance program. Sec. 102. Smartphone and tablet technology; qualified online retailers. Sec. 103. Local foods. Sec. 104. Alternative forms of training for retail stores to provide supplemental foods under WIC program. TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS Sec. 201. Loans for agricultural producers. TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES SEC. 101. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Nutritional Value of Food.--Section 17(b)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(ii)) is amended-- (1) in subclause (III), by striking ``or'' at the end; (2) in subclause (IV), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(V) provide a reasonable expectation that the nutritional value of food purchased with supplemental nutrition assistance program benefits will increase or will assist supplemental nutrition assistance program beneficiaries in meeting Federal nutrition guidelines, on the conditions that-- ``(aa) in order to promote the development of innovative locally developed projects that appeal to agricultural producers, supplemental nutrition assistance program beneficiaries, anti-hunger advocates, and public health groups, a State that applies for waivers under this subclause shall solicit substantial public input for a period of not less than 90 days; and ``(bb) a waiver under this subclause shall not reduce the eligibility for, or amount of, benefits available to recipients under this Act.''. (b) Reporting Requirements.--Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is amended by adding at the end the following: ``(d) Reporting Requirements.-- ``(1) Retail food store.--Not later than March 31 of each year, the owner of any 1 or more retail food store that has annual gross sales in excess of $1,000,000 resulting from the sale of food in exchange for any benefits under the supplemental nutrition assistance program shall prepare and submit to the Secretary a report listing any food purchased by any individual with any benefits under the supplemental nutrition program during the previous calendar year. ``(2) Secretary.--Not later than 90 days after the date on which the report described in paragraph (1) is submitted, the Secretary shall prepare and submit to Congress a report compiling the data listed in any report submitted under paragraph (1).''. SEC. 102. SMARTPHONE AND TABLET TECHNOLOGY; QUALIFIED ONLINE RETAILERS. (a) Smartphone and Tablet Technology.-- (1) SNAP.--Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended-- (A) by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13); and (B) by adding at the end the following: ``(14) Smartphone and tablet technology.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary, in consultation with organizations representing the electronics payments industry, shall issue recommendations to States on the use and implementation of smartphone and tablet technology for acceptance of electronic benefit transfers under the supplemental nutrition assistance program. ``(B) Implementation.--Not later than 180 days after the date of issuance of recommendations under subparagraph (A) or as of the date of the next electronic benefit transfer contract renewal of the State, as a condition of participation in the program, each State shall ensure that the prime contractors of the State responsible for electronic benefit transfer services and training shall make such modifications as are necessary to implement smartphone and tablet technology for acceptance of electronic benefit transfers under the supplemental nutrition assistance program in that State.''. (2) WIC.--Section 17(h)(12) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(12)) is amended by adding at the end the following: ``(H) Smartphone and tablet technology.-- ``(i) In general.--Not later than 90 days after the date of enactment of this subparagraph, the Secretary shall issue recommendations to State agencies on the use and implementation of smartphone and tablet technology for acceptance of electronic benefit transfers under the program. ``(ii) Implementation.--Not later than 180 days after the date of issuance of recommendations under clause (i), as a condition of participation in the program, each State agency shall ensure that the prime contractors of the State responsible for electronic benefit transfer services and training shall make such modifications as are necessary to implement smartphone and tablet technology for acceptance of electronic benefit transfers under the program in that State.''. (b) Qualified Online Retailers.--Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) an online food retailer that meets the requirements described in paragraph (1), except that benefits under the supplemental nutrition assistance program may not be used to pay for any delivery fees from the online food retailer.''. SEC. 103. LOCAL FOODS. Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended by adding at the end the following: ``(f) Local Foods.-- ``(1) In general.--Notwithstanding any other provision of this section or other law, of the funds made available to the Secretary during a fiscal year for direct expenditure by the Secretary for agricultural commodities and other foods to be distributed under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than funds made available under section 10603 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4) or section 4404 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 612c-5)), the Secretary shall make available 50 percent of those funds each fiscal year to schools and school food authorities participating in the food service programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to purchase directly local foods for use in the food service programs. ``(2) Impact on specialty crops.--If the Secretary determines that the requirement under paragraph (1) is negatively impacting the purchase of specialty crops for distribution under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary may require that schools and school food authorities, as a condition on the receipt of funds under paragraph (1), use the funds to purchase local specialty crops.''. SEC. 104. ALTERNATIVE FORMS OF TRAINING FOR RETAIL STORES TO PROVIDE SUPPLEMENTAL FOODS UNDER WIC PROGRAM. Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' after the semicolon at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to allow retail stores to receive alternate forms of training (including through videoconferencing) from the State agency to obtain authorization to provide supplemental foods under the program; and''. TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS SEC. 201. LOANS FOR AGRICULTURAL PRODUCERS. (a) Direct Farm Ownership Loans.--Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``or has obtained a baccalaureate degree related to farm management (including horticulture and agricultural business management)'' after ``not less than 3 years''; and (2) by adding at the end the following: ``(4) Suspension of limitation on period for which borrowers are eligible for direct farm ownership loans.-- Beginning on the date of enactment of this paragraph, subparagraph (C) of paragraph (1) and subparagraphs (B) and (C) of paragraph (3) shall have no force or effect.''. (b) Eligibility of Food Banks and Other Nonprofit Hunger Assistance Organizations for Operating Loans.--Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and food banks and other nonprofit hunger assistance organizations''. (c) Suspension of Limitation on Period for Which Borrowers Are Eligible for Direct Operating Loans; Microloan Program.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``and (4)'' and inserting ``through (5)''; and (2) by adding at the end the following: ``(5) Suspension of limitation on period for which borrowers are eligible for direct operating loans.--Beginning on the date of enactment of this paragraph, subparagraph (C) of paragraph (1) shall have no force or effect. ``(6) Microloan program.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall establish a microloan program within the operating loan program established under this subtitle. ``(B) Loan amount.--Each loan issued under the program shall be in an amount of not less than $500 and not more than $5,000. ``(C) Loan processing.--The Secretary shall process any loan application submitted under the program not later than 30 days after the date on which the application was submitted. ``(D) Expediting applications.--The Secretary shall take any measure the Secretary determines necessary to expedite any application submitted under the program. ``(E) Paperwork reduction.--The Secretary shall take measures to reduce any paperwork requirements for loans under the program.''. (d) Suspension of Limitation on Period for Which Borrowers Are Eligible for Guaranteed Assistance.--Section 5102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1949 note; Public Law 107- 171) is amended by striking ``During the period beginning January 1, 2002, and ending December 31, 2010,'' and inserting ``Beginning January 1, 2002,''.

Fresh Regional Eating for Schools and Health Act of 2011 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) regarding the supplemental nutrition assistance program (SNAP, formerly food stamp program) to: (1) authorize pilot programs that will assist SNAP beneficiaries in meeting federal nutrition guidelines and promote innovative local projects, (2) implement smartphone and tablet technology for acceptance of electronic benefit transfers, (3) require retail stores with gross annual SNAP sales in excess of $1 million to report food purchased by program recipients to the Department of Agriculture (USDA), and (4) include qualifying online food retailers within SNAP. Amends the Child Nutrition Act of 1966 regarding the special supplemental nutrition program for women, infants, and children program (WIC) to: (1) implement smartphone and tablet technology for acceptance of electronic benefit transfers; and (2) permit retail stores to receive alternative program training, including through videoconferencing. Amends the Richard B. Russell National School Lunch Act to permit schools to use 50% of USDA funds for agricultural commodities to purchase locally grown food for food service programs under such Act and the Child Nutrition Act of 1966. Amends the Consolidated Farm and Rural Development Act regarding direct agricultural real estate loans to: (1) extend eligibility to a new farmer who has obtained a baccalaureate degree related to farm management (including horticulture and agricultural business management), and (2) suspend loan time limits. Amends the Consolidated Farm and Rural Development Act to extend operating loan eligibility to food banks and other nonprofit hunger assistance organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Leasing Amendments Act of 2005''. SEC. 2. FINANCIAL ASSURANCES WITH RESPECT TO BONUS BIDS. Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end the following: ``(4)(A) The Secretary shall not require a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued on a cash bonus bid to a lessee or successor in interest having a history of a timely payment of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. ``(B) The Secretary may waive any requirement that a lessee provide a surety bond or other financial assurance for a coal lease issued before the date of enactment of this paragraph only if the Secretary determines that the lessee has a history of making the timely payments described in subparagraph (A). ``(5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides written notice that payment of the installment is past due-- ``(A) the lease shall automatically terminate; and ``(B) any bonus payments already made to the United States with respect to the lease shall not be returned to the lessee or credited in any future lease sale.''. SEC. 3. MINING PLANS. Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period-- ``(i) will ensure the maximum economic recovery of a coal deposit; or ``(ii) is in the interest of the orderly, efficient, or economic development of a coal resource.''. SEC. 4. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES. Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in the first sentence by striking ``such lease,'' and all that follows through the period at the end and inserting ``the lease.''. SEC. 5. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES. (a) In General.--Section 7 of the Mineral Leasing Act of 1920 (30 U.S.C. 207) is amended by striking subsection (b) and inserting the following: ``(b)(1) Each lease shall be subject to the condition of diligent development and continued operation of the mine, except in cases in which operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee. ``(2)(A) The Secretary of the Interior may suspend the condition of continued operation on the payment of advance royalties if the Secretary of the Interior determines that the suspension is in the public interest. ``(B) The amount of advance royalties to be paid under subparagraph (A) shall be determined based on-- ``(i)(I) the average price in the spot market for sales of coal from the same region during the last month of each applicable continued operation year; or ``(II) if there is no spot market for coal from the same region, a comparable method established by the Secretary of the Interior to capture the commercial value of coal; and ``(ii) based on commercial quantities, as defined by regulations issued by the Secretary of the Interior. ``(C) Advance royalties may be accepted in lieu of the condition of continued operation for not more than a total of 20 years during the initial term and any extended terms of a lease. ``(3)(A) Subject to subparagraph (B), the amount of a production royalty paid for any year shall be reduced by the amount of any advance royalties paid under the lease to the extent that the advance royalties have not been used to reduce production royalties for a prior year. ``(B) The amount of a production royalty shall not be reduced below zero. ``(4) This subsection applies to any lease or logical mining unit that is-- ``(A) in existence on the date of enactment of this paragraph; or ``(B) issued or approved after the date of enactment of this paragraph. ``(5) Nothing in this subsection affects the requirement in the second sentence of subsection (a) relating to commencement of production at the end of 10 years.''. (b) Authority to Waive, Suspend, or Reduce Advance Royalties.-- Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by striking the last sentence. SEC. 6. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION AND RECLAMATION PLAN. Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is amended in the first sentence by striking ``and not later than three years after a lease is issued,''. SEC. 7. INVENTORY REQUIREMENT. (a) Definitions.--In this section: (1) Compliant coal.--The term ``compliant coal'' means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Supercompliant coal.--The term ``supercompliant coal'' means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu. (b) Review of Assessments; Inventory.--The Secretary, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall review coal assessments and other available data for purposes of preparing an inventory that identifies-- (1) public land with coal resources; (2) the extent and nature of any restrictions or impediments to the development of coal resources on the public land identified under paragraph (1); and (3) with respect to areas of the identified public land for which sufficient data exists, resources of compliant coal and supercompliant coal. (c) Completion and Updates of Inventory.-- (1) Completion.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the inventory required under subsection (b). (2) Updates.--The Secretary shall update the inventory prepared under subsection (b) as the availability of data and developments in technology warrant. (d) Report.--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 and make publicly available-- (1) on completion of the inventory required under subsection (b), a report that includes the inventory; and (2) any updates of the inventory prepared under subsection (c)(2). SEC. 8. APPLICATION OF AMENDMENTS. The amendments made by this Act apply with respect to any coal lease issued before, on, or after the date of enactment of this Act.

Coal Leasing Amendments Act of 2005 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments regarding any coal lease issued on a cash bonus bid to certain lessees or successors in interest having a history of timely payments of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. Authorizes the Secretary to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) is in the interest of the orderly, efficient, or economic development of a coal resource. Repeals the 160-acre limitation placed upon coal leases. Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation. Eliminates the deadline for submission of a coal lease operation and reclamation plan. Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Gifts Accountability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no clear accountability for Presidential gifts, since multiple lists of such gifts are separately maintained by different Federal agencies, including by the White House Gifts Unit, the National Park Service, and the National Archives and Records Administration. (2) House Report 107-768, ``Problems with the Presidential Gifts System'', presents additional information about the complexity of and problems with the current system. (3) The lack of a consolidated record of the receipt, administration, and disposition of Presidential gifts creates confusion about the status of some of those gifts. (4) Requiring the National Archives and Records Administration to maintain an inventory of Presidential gifts would eliminate such confusion and ensure accountability. SEC. 3. INVENTORY OF PRESIDENTIAL GIFTS. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Inventory of Presidential gifts ``(a) The Archivist shall maintain a current inventory of all Presidential gifts. ``(b) The inventory shall include, with respect to each Presidential gift, the following information: ``(1) The date of receipt by the Federal Government. ``(2) A description. ``(3) The estimated cost or appraised value. ``(4) The donor. ``(5) Any indication of whether the intent of the donor was to make the gift to the United States or to the President personally. ``(6) The current location and status of the gift, including identification of the Federal agency or other person having control of the gift. ``(c) The head of a Federal office or agency, including any unit in the Executive Office of the President, having possession of any record containing information regarding the receipt, location, control, or disposition of a Presidential gift shall, upon receipt of such information, report such information to the Archivist in accordance with regulations issued by the Archivist under this section. ``(d)(1) The Archivist shall make available to the public, upon request, any information in the inventory maintained under this section. ``(2)(A) With respect to each Presidential gift in a year from any person who makes Presidential gifts in the year having a cumulative value of $100 or more, the Archivist shall disclose to the public by not later than May 15 of the succeeding year the following information: ``(i) The date of receipt by the Federal Government. ``(ii) A description. ``(iii) The estimated cost or appraised value. ``(iv) The donor and the donor's employer. ``(v) The circumstance under which the gift was made. ``(B) Subparagraph (A) shall not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5). ``(e) The Archivist shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives each disposition of a Presidential gift other than a gift having a value of less than $100. ``(f)(1) The Archivist shall issue regulations implementing this section. ``(2) The Archivist may not issue any nonbinding guidance for purposes of this section. ``(g) In this section: ``(1) The term `gift' has the meaning that term has under section 109 of the Ethics in Government Act of 1978. ``(2) The term `Presidential gift'-- ``(A) subject to subparagraph (B), means any gift to or for the benefit of-- ``(i) the President personally, the spouse of the President, or any dependent child of the President; ``(ii) the President in his or her official capacity; ``(iii) the Executive Residence at the White House; or ``(iv) a Presidential archival depository (as that term is used in chapter 21); and ``(B) does not include a gift from a relative of an individual to whom the gift is made. ``(3) The term `relative', with respect to an individual-- ``(A) means another individual-- ``(i) who is related to the individual concerned, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or ``(ii) who is the grandfather or grandmother of the spouse of the individual concerned; and ``(B) includes the fiance or fiancee of the individual concerned.''. (b) Clerical Amendment.--The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Inventory of Presidential gifts.''. SEC. 4. RESTRICTIONS RELATING TO GIFTS TO THE PRESIDENT OR SPOUSE OF THE PRESIDENT. Title I of the Ethics in Government Act of 1978 (5 App. U.S.C.) is amended by adding at the end the following: ``restrictions relating to gifts to the president or spouse of the president. ``Sec. 112. (a) The President, and the spouse of the President, may not-- ``(1) accept any gift of stock in a corporation or any gift certificate; ``(2) accept gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; ``(3) accept any gift in the period beginning on the date of any presidential election occurring in the President's term of office and ending on the date of the beginning of the next presidential term of office, unless the President is reelected to serve as President for that next term; ``(4) solicit or coordinate the making of any gift to the President or the spouse of the President; or ``(5) seek to have any other person solicit or coordinate the making of any gift to the President or the spouse of the President. ``(b) An individual elected as President, and the spouse of the individual, may not accept any gift in the period beginning on the date of the election of the individual as President and ending on the date of the beginning of the next presidential term of office. ``(c) Any gift that a President, individual elected as President, or spouse is prohibited from accepting under this section-- ``(1) shall be returned to the person making the gift, by not later than 90 days after the date the gift is made; or ``(2) if not returned within that period-- ``(A) shall be the property of the United States; and ``(B) shall not be deposited in a Presidential archival depository, as that term is used in chapter 21 of title 44, United States Code. ``(d) This section does not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5) or from a relative of an individual to whom the gift is made.''.

Presidential Gifts Accountability Act - Directs the Archivist of the United States to maintain a current inventory of all presidential gifts.Requires the head of a Federal office or agency to report to the Archivist any information regarding a presidential gift.Requires the Archivist to: (1) make inventory information available to the public; (2) disclose to the public additional information regarding each gift from any person who makes presidential gifts in a year having a cumulative value of $100 or more; and (3) report to specified congressional committees on each disposition of a gift other than a gift from a relative or a gift having a value of less than $100.Amends the Ethics in Government Act of 1978 to prohibit the President and any spouse from: (1) accepting any gift of stock in a corporation or any gift certificate; (2) accepting gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; (3) accepting any gift beginning on the date of a presidential election occurring during the President's term and ending on the date of the beginning of the next presidential term, unless the President is reelected for that next term; or (4) soliciting or coordinating, or seeking another to solicit or coordinate, the making of any gift to the President or spouse. Requires any gift wrongfully accepted to be returned or to become property of the United States and not deposited in a presidential archival depository. Makes this section inapplicable with respect to gifts from a foreign government or a relative.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Guarantee Act of 1998''. SEC. 2. ACCESS TO NEEDED PRESCRIPTION DRUGS. (a) Group Health Plans.-- (1) Amendments to the public health service act.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) Requirement.--If a group health plan, or health insurance issuer that offers health insurance coverage in connection with a group health plan, provides benefits with respect to prescription drugs but the plan or coverage limits such benefits to (or provides more favorable benefits with respect to) drugs included in a formulary, the plan or issuer shall-- ``(1) upon request, make available to the public in printed form a description of the nature of any formulary restrictions; and ``(2) provide for exceptions from the formulary restrictions limitation when the plan or beneficiary's physician, subject to reasonable review by the plan or issuer, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. ``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a participating physician prescribes a non-formulary alternative prescription drug, a group health plan, or health insurance issuer may increase the copayment rate for such alternative to twice the rate applicable to comparable prescription drugs included in the formulary. ``(c) Coverage of Approved Drugs.--A group health plan (or health insurance coverage offered in connection with such a plan) that provides any coverage of prescription drugs shall not deny coverage of such a drug if the use is included in the labeling authorized by the application in effect for the drug pursuant to subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act; or under subsection (f) of such section, or an application approved under section 515 of such Act. ``(d) Nondiscrimination.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not discriminate in participation, reimbursement, or indemnification against a health professional, who is acting within the scope of the health professional's license or certification under applicable State law, solely based on the extent, type, or pattern of prescription drugs. ``(e) Any Willing Pharmacist.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not exclude a pharmacist from its network of providers if such pharmacist is willing to enter into a contract with the plan or issuer to provide drugs at the rate prescribed by the plan or issuer. ``(f) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(f) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) Amendments to the employee retirement income security act of 1974.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) Requirement.--If a group health plan, or health insurance issuer that offers health insurance coverage in connection with a group health plan, provides benefits with respect to prescription drugs but the plan or coverage limits such benefits to (or provides more favorable benefits with respect to) drugs included in a formulary, the plan or issuer shall-- ``(1) upon request, make available to the public in printed form a description of the nature of any formulary restrictions; and ``(2) provide for exceptions from the formulary restrictions limitation when the plan or beneficiary's physician, subject to reasonable review by the plan or issuer, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. ``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a participating physician prescribes a non-formulary alternative prescription drug, a group health plan, or health insurance issuer may increase the co-payment rate for such alternative to twice the rate applicable to comparable prescription drugs included in the formulary. ``(c) Coverage of Approved Drugs.--A group health plan (or health insurance coverage offered in connection with such a plan) that provides any coverage of prescription drugs shall not deny coverage of such a drug if the use is included in the labeling authorized by the application in effect for the drug pursuant to subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act; or under subsection (f) of such section, or an application approved under section 515 of such Act. ``(d) Nondiscrimination.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not discriminate in participation, reimbursement, or indemnification against a health professional, who is acting within the scope of the health professional's license or certification under applicable State law, solely based on the extent, type, or pattern of prescription drugs. ``(e) Any Willing Pharmacist.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not exclude a pharmacist from its network of providers if such pharmacist is willing to enter into a contract with the plan or issuer to provide drugs at the rate prescribed by the plan or issuer. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Conforming and clerical amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Access to needed prescription drugs.''. (b) Individual Health Insurance.-- (1) In general.--Subpart 3 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2752. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) In General.--The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(f) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (d) Effective Dates.-- (1) Group market reforms.-- (A) In general.--The amendments made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 1999. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before such date, the amendments made by such subsections shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 1999. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by such clause shall not be treated as a termination of such collective bargaining agreement. (2) Individual market amendments.--The amendments made by subsection (c) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1999. (e) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Prescription Guarantee Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, or a health insurance issuer offering coverage in connection with a group plan, if it covers prescription drugs but limits benefits to (or provides more favorable benefits for) drugs in a formulary, to: (1) make available to the public on request a description of the formulary restrictions; and (2) provide for restriction exceptions when the plan or beneficiary's physician, subject to reasonable plan or issuer review, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. Allows copayment doubling for nonformulary drugs. Prohibits a plan that provides prescription drug coverage from denying coverage of a drug if the use is included in the labeling authorized under specified provisions of the Federal Food, Drug, and Cosmetic Act. Prohibits a plan or issuer from discriminating against a health professional based on the extent, type, or pattern of prescription drugs. Prohibits a plan or issuer from excluding a pharmacist from its network if the pharmacist is willing to enter into a contract to provide drugs at the rate prescribed by the plan or issuer. Amends the Public Health Service Act to apply the above requirements to issuers offering coverage in the individual market. Amends the Health Insurance Portability and Accountability Act of 1996 to modify requirements regarding coordination by the Secretaries of the Treasury, Health and Human Services, and Labor regarding regulations, rulings, interpretations, and policies relating to the Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Lung Consolidation of Administrative Responsibility Act''. SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBILITIES FROM COMMISSIONER OF SOCIAL SECURITY TO SECRETARY OF LABOR. (a) In General.--Part B of the Black Lung Benefits Act (30 U.S.C. 921 et seq.) other than section 415(b) (30 U.S.C. 925(b)) is amended by striking ``Commissioner of Social Security'' each place such term appears and inserting ``Secretary''. (b) Conforming Amendments.-- (1) Section 402 of such Act (30 U.S.C. 902) is amended-- (A) in subsection (c), by striking ``where used in part C'' and inserting ``, except where expressly otherwise provided,''; (B) in subsection (f)(1), by inserting after ``Secretary of Health, Education, and Welfare'' the following: ``, which were in effect on the date of enactment of the Black Lung Consolidation of Administrative Responsibilities Act,''; (C) in subsection (f)(2)-- (i) by striking ``which is subject to review by the Secretary of Health, Education, and Welfare,'' and inserting ``arising under part B''; and (ii) by striking the comma after ``Secretary of Labor''; and (D) in subsection (i), by amending paragraph (1) to read as follows: ``(1) for benefits under part B that was denied by the official responsible for administration of such part; or''. (2) Section 413(b) of such Act (30 U.S.C. 923(b)) is amended by striking ``In carrying out the provisions of this part'' and all that follows through ``Social Security Act, but no'' and inserting ``No''. (3) Section 415 of such Act (30 U.S.C. 925) is amended-- (A) in subsection (a)-- (i) by striking paragraph (2); (ii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (iii) in paragraph (4) (as so redesignated), by striking ``paragraph 4'' and inserting ``paragraph (2)''; and (B) in subsection (b), by striking ``, after consultation with the Commissioner of Social Security,''. (4) Section 426 of such Act (30 U.S.C. 936) is amended-- (A) in subsection (a), by striking ``, the Commissioner of Social Security,''; and (B) in subsection (b), by amending the first sentence to read as follows: ``At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of parts B and C of this title.''. (5) Public Law 94-504 (30 U.S.C. 932a) is amended by striking ``under part C'' and inserting ``under part B or part C''. (c) Repeal of Obsolete Provisions.--The following provisions of law are repealed: (1) Section 435 of the Black Lung Benefits Act (30 U.S.C. 945). (2) Sections 11 and 19 of the Black Lung Benefits Reform Act of 1977 (30 U.S.C. 924a, 904). SEC. 3. TRANSITIONAL PROVISIONS. (a) Applicability.--This section shall apply to the transfer of all functions relating to the administration of part B of subchapter IV (30 U.S.C. 901 et seq.) from the Commissioner of Social Security (hereinafter in this section referred to as the ``Commissioner'') to the Secretary of Labor, as provided by this Act. (b) Transfer of Assets, Liabilities, etc.-- (1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by this Act. (2) Section 1531 of title 31, United States Code, shall apply in carrying out this Act and amendments made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act, the functions of the President under section 1531(b) shall be performed by the Director of the Office of Management and Budget unless otherwise directed by the President. (c) Continuation of Orders, Determinations, etc.-- (1) This Act shall not affect the validity of any order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of Labor), or contract that-- (A) relates to a function transferred by this Act; and (B) is in effect on the date this Act takes effect. (2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph (1) shall-- (A) apply on and after the effective date of this Act to the Secretary of Labor; and (B) continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (d) Continuation of Administrative Proceedings.-- (1) Any proceeding before the Commissioner involving the functions transferred by this Act that is pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2). (2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to part B and the applicable regulations of the Secretary of Health and Human Services shall continue before the Commissioner consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted, and shall include all rights to hearing, administrative review, and judicial review available under part B and the applicable regulations of the Secretary of Health and Human Services. (B) Any decision, order, or other determination issued in any proceeding described in this subsection shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (C) Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Any proceeding before the Secretary of Labor involving the functions transferred by this Act shall be subject to the statutory requirements for notice, hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to the enactment of this Act. (e) Continuation of Actions and Causes of Action.-- (1) Except as provided in paragraphs (2) and (3), this Act shall not abrogate, terminate, or otherwise affect any action or cause of action, that-- (A) relates to a function transferred by this Act; and (B) is pending or otherwise in existence on the date this Act takes effect. (2) Any action pending before the Commissioner or any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted. (B) Any decision, order, or other determination issued in any proceeding subject to this paragraph shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect and involves any function transferred by this Act may be asserted by or against the Secretary of Labor or the United States. (f) Continuation of Actions Against Officers.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Social Security Administration, and relating to a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against the Social Security Administration, or by or against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate by reason of enactment of this Act. (g) Preservation of Penalties, etc.--The transfer of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation or prosecution involving any function transferred by this Act. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Black Lung Consolidation of Administrative Responsibility Act - Amends the Black Lung Benefits Act to transfer part B black lung benefit responsibilities from the Commissioner of Social Security to the Secretary of Labor (thus consolidating all black lung benefit responsibility under the Secretary). (Current law makes the Commissioner responsible for part B benefits based on claims filed on or before December 31, 1973, and makes the Secretary responsible for part C benefits based on claims filed after such date.)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Investment in Small Business Act''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.--Section 1202(a) of the Internal Revenue Code of 1986 (relating to partial exclusion for gain from certain small business stock) is amended by striking ``50 percent'' each place it appears and inserting ``75 percent''. (b) Reduction in Holding Period.-- (1) In general.--Section 1202(a) of the Internal Revenue Code of 1986 is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendments.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Repeal of Minimum Tax Preference.-- (1) In general.--Section 57(a) of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Other Modifications.-- (1) Working capital limitation.-- (A) In general.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended-- (i) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (ii) by striking ``2 years'' in the last sentence and inserting ``5 years''. (B) Limitation on assets treated as used in active conduct of business.--The second sentence of section 1202(e)(6) of such Code is amended by inserting ``described in subparagraph (A)'' after ``of the corporation''. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (e) Excluded Qualified Trade or Business.--Section 1202(e)(3) of the Internal Revenue Code of 1986 (relating to qualified trade or business) is amended-- (1) by inserting ``, and is anticipated to continue to be,'' before ``the reputation'' in subparagraph (A), and (2) by inserting ``but not including the business of raising fish or any business involving biotechnology applications'' after ``trees'' in subparagraph (C). (f) Increase in Cap on Eligible Gain for Joint Returns.-- (1) In general.--Section 1202(b)(1)(A) of the Internal Revenue Code of 1986 (relating to per-issuer limitations on taxpayer's eligible gain) is amended by inserting ``($20,000,000 in the case of a joint return)'' after ``$10,000,000''. (2) Conforming amendment.--Section 1202(b)(3) of such Code is amended by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (g) Decrease in Capital Gains Rate.-- (1) In general.--Subparagraph (A) of section 1(h)(5) of the Internal Revenue Code of 1986 (relating to 28-percent gain) is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (8). (B) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (h) Increase in Rollover Period for Qualified Small Business Stock.--Subsections (a)(1) and (b)(3) of section 1045 of the Internal Revenue Code of 1986 (relating to rollover of gain from qualified small business stock to another qualified small business stock) are each amended by striking ``60-day'' and inserting ``180-day''. (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to stock issued after the date of the enactment of this Act. (2) Special rule.--The amendments made by subsections (a) and (d)(1) apply to stock issued after August 10, 1993.

Encouraging Investment in Small Business Act - Amends the Internal Revenue Code with respect to qualified small business (QSB) stock (section 1202) to: (1) increase the amount of gain excluded from the sale of such stock to 75 percent; (2) reduce the holding period applicable to such sale to three years; (3) exclude such gain from alternative minimum tax consideration; (4) increase the active business working capital requirement to five years; (5) permit a QSB to make specified purchases of its own stock without losing the gain exclusion if made for a business purpose; (6) exclude biotechnology and aquaculture businesses from QSB status; (7) increase the cap on eligible gain for joint returns to $20,000; (8) reduce the capital gains rate for such gains; and (9) increase the related rollover period to 180 days.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Physician Ownership Referral Reform Act of 1995''. (b) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this Act an amendment 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 that section or other provision of the Social Security Act. SEC. 2. REPEAL OF PROHIBITIONS BASED ON COMPENSATION ARRANGEMENTS. (a) In General.--Section 1877(a)(2) (42 U.S.C. 1395nn(a)(2)) is amended by striking ``is--'' and all that follows through ``equity,'' and inserting the following: ``is (except as provided in subsection (c)) an ownership or investment interest in the entity through equity,''. (b) Conforming Amendments.--Section 1877 (42 U.S.C. 1395nn) is amended as follows: (1) In subsection (b)-- (A) in the heading, by striking ``to Both Ownership and Compensation Arrangement Provisions'' and inserting ``Where Financial Relationship Exists''; and (B) by redesignating paragraph (4) as paragraph (7). (2) In subsection (c)-- (A) by amending the heading to read as follows: ``Exception for Ownership or Investment Interest in Publicly Traded Securities and Mutual Funds''; and (B) in the matter preceding paragraph (1), by striking ``subsection (a)(2)(A)'' and inserting ``subsection (a)(2)''. (3) In subsection (d)-- (A) by striking the matter preceding paragraph (1); (B) in paragraph (3), by striking ``paragraph (1)'' and inserting ``paragraph (4)''; and (C) by redesignating paragraphs (1), (2), and (3) as paragraphs (4), (5), and (6), and by transferring and inserting such paragraphs after paragraph (3) of subsection (b). (4) By striking subsection (e). (5) In subsection (f)(2), as amended by section 152(a) of the Social Security Act Amendments of 1994-- (A) in the matter preceding paragraph (1), by striking ``ownership, investment, and compensation'' and inserting ``ownership and investment''; (B) in paragraph (2), by striking ``subsection (a)(2)(A)'' and all that follows through ``subsection (a)(2)(B)),'' and inserting ``subsection (a)(2),''; and (C) in paragraph (2), by striking ``or who have such a compensation relationship with the entity''. (6) In subsection (h)-- (A) by striking paragraphs (1), (2), and (3); (B) in paragraph (4)(A), by striking clause (iv); and (C) in paragraph (4)(B), by striking ``rules.--'' and all that follows through ``(ii) Faculty'' and inserting ``rules for faculty. SEC. 3. REVISION OF DESIGNATED HEALTH SERVICES SUBJECT TO PROHIBITION. (a) In General.--Section 1877(h)(6) (42 U.S.C. 1395nn(h)(6)) is amended by striking subparagraphs (B) through (K) and inserting the following: ``(B) Items and services furnished by a community pharmacy (as defined in paragraph (1)). ``(C) Magnetic resonance imaging and computerized tomography services. ``(D) Outpatient physical therapy services.''. (b) Community Pharmacy Defined.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6), is amended by inserting before paragraph (4) the following new paragraph: ``(1) Community pharmacy.--The term `community pharmacy' means any entity licensed or certified to dispense outpatient prescription drugs by the State in which the entity is located (including an entity which dispenses such drugs by mail order), but does not include such an entity which is owned and operated by-- ``(A) a hospital; ``(B) an ambulatory surgical center described in section 1832(a)(2)(F)(i); or ``(C) a prepaid plan described in subsection (b)(3).''. (c) Conforming Amendments.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended in the matter preceding subparagraph (A) by striking ``services'' and all that follows through ``supplies)--'' and inserting ``services--''. SEC. 4. DELAY IN IMPLEMENTATION UNTIL PROMULGATION OF REGULATIONS. (a) In General.--Section 13562(b) of OBRA-1993 (42 U.S.C. 1395nn note) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Promulgation of regulations.--Notwithstanding paragraphs (1) and (2), the amendments made by this section shall not apply to any referrals made before the effective date of final regulations promulgated by the Secretary of Health and Human Services to carry out such amendments.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of OBRA-1993. SEC. 5. EXCEPTIONS TO PROHIBITION. (a) Revisions to Exception for In-office Ancillary Services.-- (1) Repeal of site-of-service requirement.--Section 1877(b)(2)(A) (42 U.S.C. 1395nn(b)(2)(A)) is amended to read as follows: ``(A) that are furnished personally by the referring physician, personally by a physician who is a member of the same group practice as the referring physician, or personally by individuals who are under the general supervision of the physician or of another physician in the group practice, and''. (2) Clarification of treatment of physician owners of group practice.--Section 1877(b)(2)(B) (42 U.S.C. 1395nn(b)(2)(B)) is amended by striking ``physician or group practice'' and inserting ``physician, such group practice, or the physician owners of such group practice''. (3) Conforming amendment.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended by amending the heading to read as follows: ``Ancillary services furnished personally or through group practice.--''. (b) Clarification of Exception for Services Furnished in a Rural Area.--Paragraph (5) of section 1877(b) (42 U.S.C. 1395nn(b)), as transferred by section 2(b)(3)(C), is amended by striking ``substantially all'' and inserting ``not less than 75 percent''. (c) Revision of Exception for Prepaid Plans.-- (1) Expansion of exception for certain managed care arrangements.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``organization--'' and inserting ``organization, directly or through contractual arrangements with other entities, to individuals enrolled with the organization--''; (B) by striking ``or'' at the end of subparagraph (C); (C) by striking the period at the end of subparagraph (D) and inserting a comma; and (D) by adding at the end the following new subparagraphs: ``(E) with a contract with a State to provide services under the State plan under title XIX (in accordance with section 1903(m)); or ``(F) which meets State regulatory requirements applicable to health maintenance organizations and which-- ``(i) provides designated health services directly or through contractual arrangements with providers; ``(ii) assumes financial risk for the provision of services or provides services on behalf of another individual or entity (including but not limited to a self-insured employer, indemnity plan, physician, or physician group) that assumes financial risk for the provision of the item or service; and ``(iii) subjects the services to a program of utilization review offered by an organization described in a preceding subparagraph, an organization meeting State regulatory requirements applicable to utilization review, or an organization accredited to perform utilization review considered appropriate by the Secretary.''. (2) New exception for other capitated payments.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), is amended-- (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); and (B) by inserting after paragraph (3) the following new paragraph: ``(4) Other capitated payments.--In the case of a designated health service which is included in the services for which a physician or physician group (including a preferred provider organization) is paid only on a capitated basis by a health plan or insurer pursuant to a written arrangement between the plan or insurer and the physician or physician group in which the physician or physician group assumes financial risk for the furnishing of the service.''. (d) New Exception for Shared Facility Services.-- (1) In general.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C) and by subsection (c)(2), is amended-- (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Shared facility services.--In the case of a designated health service consisting of a shared facility service of a shared facility-- ``(A) that is furnished-- ``(i) personally by the referring physician who is a shared facility physician or personally by an individual directly employed or under the general supervision of such a physician, ``(ii) by a shared facility in a building in which the referring physician furnishes substantially all of the services of the physician that are unrelated to the furnishing of shared facility services, and ``(iii) to a patient of a shared facility physician; and ``(B) that is billed by the referring physician or a group practice of which the physician is a member.''. (2) Definitions.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6) and section 3(b), is amended by inserting after paragraph (1) the following new paragraph: ``(2) Shared facility related definitions.-- ``(A) Shared facility service.--The term `shared facility service' means, with respect to a shared facility, a designated health service furnished by the facility to patients of shared facility physicians. ``(B) Shared facility.--The term `shared facility' means an entity that furnishes shared facility services under a shared facility arrangement. ``(C) Shared facility physician.--The term `shared facility physician' means, with respect to a shared facility, a physician (or a group practice of which the physician is a member) who has a financial relationship under a shared facility arrangement with the facility. ``(D) Shared facility arrangement.--The term `shared facility arrangement' means, with respect to the provision of shared facility services in a building, a financial arrangement-- ``(i) which is only between physicians who are providing services (unrelated to shared facility services) in the same building, ``(ii) in which the overhead expenses of the facility are shared, in accordance with methods previously determined by the physicians in the arrangement, among the physicians in the arrangement, and ``(iii) which, in the case of a corporation, is wholly owned and controlled by shared facility physicians.''. (e) New Exception for Services Furnished in Communities With No Alternative Providers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), and subsection (d)(1), is amended-- (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) No alternative providers in area.--In the case of a designated health service furnished in any area with respect to which the Secretary determines that individuals residing in the area do not have reasonable access to such a designated health service for which subsection (a)(1) does not apply.''. (f) New Exception for Services Furnished in Ambulatory Surgical Centers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), and subsection (e)(1), is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) Services furnished in ambulatory surgical centers.-- In the case of a designated health service furnished in an ambulatory surgical center described in section 1832(a)(2)(F)(i).''. (g) New Exception for Services Furnished in Renal Dialysis Facilities.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), and subsection (f), is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Services furnished in renal dialysis facilities.--In the case of a designated health service furnished in a renal dialysis facility under section 1881.''. (h) New Exception for Services Furnished in a Hospice.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), and subsection (g), is amended-- (1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13); and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Services furnished by a hospice program.--In the case of a designated health service furnished by a hospice program under section 1861(dd)(2).''. (i) New Exception for Services Furnished in a Comprehensive Outpatient Rehabilitation Facility.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), subsection (g), and subsection (h), is amended-- (1) by redesignating paragraphs (10) through (13) as paragraphs (11) through (14); and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Services furnished in a comprehensive outpatient rehabilitation facility.--In the case of a designated health service furnished in a comprehensive outpatient rehabilitation facility under section 1861(cc)(2).''. SEC. 6. REPEAL OF REPORTING REQUIREMENTS. Section 1877 (42 U.S.C. 1395nn) is amended-- (1) by striking subsection (f); and (2) by striking subsection (g)(5). SEC. 7. PREEMPTION OF STATE LAW. Section 1877 (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(i) Preemption of State Law.--This section preempts State law to the extent State law is inconsistent with this section.''. SEC. 8. EFFECTIVE DATE. Except as provided in section 4(b), the amendments made by this Act shall apply to referrals made on or after August 15, 1995, without regard to whether or not regulations to carry out the amendments have been promulgated by such date. HR 2390 IH--2

Medicare Physician Ownership Referral Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the prohibition of physician referrals to certain entities with which the referring physician has a financial relationship if such relationship is based on compensation arrangements only; (2) eliminate reporting requirements under such provisions; (3) provide that such provisions preempt State law to the extent it is inconsistent; and (4) limit the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services. Revises exceptions to such prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services, services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility, and designated health services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer. Amends the Omnibus Budget Reconciliation Act of 1993 to make its amendments to such physician referral limitations inapplicable until the Secretary of Health and Human Services promulgates final implementing regulations.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Coverdell Education Savings Accounts Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. (a) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) (defining qualified higher education expenses) is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)), and ``(ii) qualified elementary and secondary education expenses (as defined in paragraph (4)). ``(B) Qualified state tuition programs.--Such term shall include any contribution to a qualified State tuition program (as defined in section 529(b)) on behalf of the designated beneficiary (as defined in section 529(e)(1)); but there shall be no increase in the investment in the contract for purposes of applying section 72 by reason of any portion of such contribution which is not includible in gross income by reason of subsection (d)(2).''. (2) Qualified elementary and secondary education expenses.--Section 530(b) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as an elementary or secondary school student at a public, private, or religious school, and ``(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. ``(B) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.''. (3) Conforming amendments.--Section 530 is amended-- (A) by striking ``higher'' each place it appears in subsections (b)(1) and (d)(2), and (B) by striking ``higher'' in the heading for subsection (d)(2). (b) Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) (defining education individual retirement account) is amended by striking ``$500'' and inserting ``the applicable dollar amount for the calendar year in which such taxable year begins''. (2) Applicable dollar amount.--Section 530(b) is amended by adding at the end the following new paragraph: ``(4) Applicable dollar amount.-- ``(A) In general.--For purposes of paragraph (1)(A)(iii), the applicable dollar amount is $2,000. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2002, the dollar amount referred to in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2001' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.''. (3) Conforming amendment.--Section 4973(e)(1)(A) is amended by striking ``$500'' and inserting ``the applicable dollar amount for the calendar year in which such taxable year begins''. (4) Elimination of the marriage penalty in the reduction in permitted contributions.--Section 530(c)(1) (relating to reduction in permitted contributions based on adjusted gross income) is amended-- (A) by striking ``$150,000'' in subparagraph (A)(ii) and inserting ``$190,000'', and (B) by striking ``$10,000'' in subparagraph (B) and inserting ``$30,000''. (c) Waiver of Age Limitations for Children With Special Needs.-- Section 530(b)(1) (defining education individual retirement account) is amended by adding at the end the following flush sentence: ``The age limitations in subparagraphs (A)(ii) and (E) and paragraphs (5) and (6) of subsection (d) shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary).''. (d) Entities Permitted To Contribute to Accounts.--Section 530(c)(1) (relating to reduction in permitted contributions based on adjusted gross income) is amended by striking ``The maximum amount which a contributor'' and inserting ``In the case of a contributor who is an individual, the maximum amount the contributor''. (e) Time When Contributions Deemed Made.-- (1) In general.--Section 530(b) (relating to definitions and special rules), as amended by subsection (b)(2), is amended by adding at the end the following new paragraph: ``(5) Time when contributions deemed made.--An individual shall be deemed to have made a contribution to an education individual retirement account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof).''. (2) Extension of time to return excess contributions.-- Subparagraph (C) of section 530(d)(4) (relating to additional tax for distributions not used for educational expenses) is amended-- (A) by striking clause (i) and inserting the following new clause: ``(i) such distribution is made before the 1st day of the 6th month of the taxable year following the taxable year, and'', and (B) by striking ``due date of return'' in the heading and inserting ``certain date''. (f) Coordination With Hope and Lifetime Learning Credits and Qualified Tuition Programs.-- (1) In general.--Section 530(d)(2)(C) is amended to read as follows: ``(C) Coordination with hope and lifetime learning credits and qualified tuition programs.--For purposes of subparagraph (A). ``(i) Credit coordination.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(ii) Coordination with qualified tuition programs.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions during such year to which subparagraph (A) and section 529(c)(3)(B) apply, exceed ``(II) the total amount of qualified higher education expenses (after the application of clause (i)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under subparagraph (A) and section 529(c)(3)(B).''. (2) Conforming amendments.-- (A) Subsection (e) of section 25A is amended to read as follows: ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year.''. (B) Section 135(d)(2)(A) is amended by striking ``allowable'' and inserting ``allowed''. (C) Section 530(d)(2)(D) is amended-- (i) by striking ``or credit'', and (ii) by striking ``credit or'' in the heading. (D) Section 4973(e)(1) is amended by adding ``and'' at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (g) Renaming Education Individual Retirement Accounts as Coverdell Education Savings Accounts.-- (1) In general.-- (A) Section 530 (as amended by the preceding provisions of this section) is amended by striking ``an education individual retirement account'' each place it appears and inserting ``a Coverdell education savings account''. (B) The heading for paragraph (1) of section 530(b) is amended by striking ``Education individual retirement account'' and inserting ``Coverdell education savings account''. (C) The heading for section 530 is amended to read as follows: ``SEC. 530. COVERDELL EDUCATION SAVINGS ACCOUNTS.''. (D) The item in the table of contents for part VII of subchapter F of chapter 1 relating to section 530 is amended to read as follows: ``Sec. 530. Coverdell education savings accounts.''. (2) Conforming amendments.-- (A) The following provisions are each amended by striking ``an education individual retirement'' each place it appears and inserting ``a Coverdell education savings'': (i) Section 25A(e)(2). (ii) Section 72(e)(9). (iii) Section 135(c)(2)(C). (iv) Section 4973(a). (v) Subsections (c) and (e) of section 4975. (B) The following provisions are each amended by striking ``education individual retirement'' each place it appears and inserting ``Coverdell education savings'': (i) Section 26(b)(2)(E). (ii) Section 4973(e). (iii) Section 6693(a)(2)(D). (C) The headings for each of the following provisions are amended by striking ``education individual retirement accounts'' each place it appears and inserting ``Coverdell education savings accounts''. (i) Section 72(e)(9). (ii) Section 135(c)(2)(C). (iii) Section 4973(e). (iv) Section 4975(c)(5). (h) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Subsection (g).--The amendments made by subsection (g) shall take effect on the date of the enactment of this Act. SEC. 3. EXCLUSION FROM INCOME OF CERTAIN AMOUNTS CONTRIBUTED TO COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Part III of subchapter B or chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by adding at the end the following: ``SEC. 139. COVERDELL EDUCATION SAVINGS ACCOUNTS. ``(a) Exclusion From Gross Income.--Gross income of an employee shall not include-- ``(1) amounts paid or incurred by the employer for a qualified Coverdell education savings account contribution on behalf of the employee or a member of the employee's family, and ``(2) any distribution from a Coverdell education savings account of such contribution. ``(b) Qualified Coverdell Education Savings Account Contribution.-- For purposes of this section-- ``(1) In general.--The term `qualified Coverdell education savings account contribution' means an amount contributed, directly or indirectly, as part of an education savings program by an employer to a Coverdell education savings account established and maintained for the benefit of the employee or a member of the employee's family. ``(2) Education savings program.--For purposes of paragraph (1), an education savings program is a separate written plan of an employer for the exclusive benefit of such employer's employees-- ``(A) under which the employer makes contributions described in paragraph (1), and ``(B) which meets requirements similar to the requirements of paragraphs (2), (3), (5), and (6) of section 127(b).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B or chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 139 and by inserting the following: ``Sec. 139. Coverdell education savings accounts. ``Sec. 140. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2001.

Coverdell Education Savings Accounts Act of 2001 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses; (2) increase annual contribution limits from $500 to $2,000, with annual inflation adjustments as of tax year 2003; (3) waive the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries; (4) permit corporations to contribute to education IRAs; (5) permit annual contributions to be made until the filing date (not including extensions) for a tax year; (6) extend the time for return of excess contributions; and (7) provide for coordination with Hope and lifetime learning credit and qualified tuition program provisions.Renames such educational IRAs as Coverdell education savings accounts.Excludes from gross income: (1) employer contributions to such accounts on behalf of an employee or employee family member; and (2) account distributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Emergency Planning Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Hurricanes Katrina and Sandy, as well as other recent natural and man-made disasters, have highlighted the need for planning to minimize the impact of disasters. (2) Lack of preparedness in times of disaster can have especially devastating effects on animals and the people who risk their lives to protect them. (3) Local first-responders, non-governmental agencies, and private individuals most often shoulder the cost and responsibility of animals affected by disasters. (4) It is reasonable to ask those who use animals commercially to demonstrate a level of readiness to protect the animals under their care. SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT EMERGENCY CONTINGENCY PLANS. (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 30. ANIMAL EMERGENCY PLANNING. ``(a) Covered Person.--For purposes of this section, the term `covered person' means a research facility, dealer, exhibitor, intermediate handler, carrier, or Federal research facility. ``(b) Contingency Plan.--Each covered person shall develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of its animals in the event of an emergency or disaster. Such a contingency plan shall-- ``(1) identify situations that the covered person might experience, including natural disasters and emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, that would trigger the need for the measures identified in the contingency plan to be put into action; ``(2) outline specific tasks to be carried out in response to the identified emergencies or disasters, including detailed animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; ``(3) establish a chain of command and identify the individuals responsible for fulfilling the tasks described in paragraph (2); and ``(4) address how response and recovery will be handled in terms of materials, resources, and training needed. ``(c) Annual Review.--Each covered person shall-- ``(1) review its contingency plan on at least an annual basis to ensure that it adequately addresses the criteria described in subsection (b); and ``(2) maintain documentation of the annual reviews and any amendments or changes made to its contingency plan since the previous year's review. ``(d) Training.--Each covered person shall-- ``(1) train its personnel in their roles and responsibilities as outlined in the contingency plan; ``(2) communicate any changes in the contingency plan to personnel through training within 30 days after making the changes; and ``(3) maintain documentation of its personnel's participation in and successful completion of the training required by this subsection. ``(e) Availability of Documentation.-- ``(1) In general.--Each covered person shall submit its contingency plan, as well as any documentation described in subsections (c)(2) and (d)(3), to the Secretary annually. ``(2) While traveling.--A covered person engaged in travel must carry a copy of its contingency plan with it at all times and make it available for inspection by the Secretary while in travel status.''. (b) Regulations.-- (1) Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture of the United States shall promulgate such regulations as the Secretary determines to be necessary to carry out section 30 of the Animal Welfare Act, as added by subsection (a) of this Act. (2) The regulations described in paragraph (1) shall be made without regard to the rulemaking procedures under section 553 of title 5, United States Code. (c) No Preemption.--Nothing in this Act or the amendments made by this Act preempts any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. (d) Effective Date.--The amendments made by subsection (a) shall apply to covered persons (as defined in such subsection) beginning on the date that is 30 days after the date of enactment of this Act.

Animal Emergency Planning Act of 2014 - Amends the Animal Welfare Act to require research facilities, dealers, exhibitors, intermediate handlers, and carriers (covered persons) to develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster. Requires the plan to: identify situations that the covered person might experience, including natural disasters and emergencies, that would trigger the need to implement the measures identified in the plan; outline tasks to be carried out in response to emergencies or disasters, including animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; establish a chain of command and identify the individuals responsible for fulfilling the tasks; and address how response and recovery will be handled in terms of materials, resources, and training needed. Requires covered persons to review their plan at least annually to ensure compliance with this Act, and train personnel in their roles and responsibilities as outlined in the plan, and promptly provide training when the plan changes. Prohibits this Act from preempting state law that provides greater protection for animals.

SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT CLASSIFICATION. (a) In General.-- (1) New classification.--Section 101(a)(15)(P) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is amended-- (A) in clause (iii), by striking ``or'' at the end; (B) in clause (iv), by striking ``clause (i), (ii), or (iii)'' and inserting ``clause (i), (ii), (iii), or (iv)''; (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following: ``(iv) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or''. (2) Authorized period of stay.--Section 214(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is amended in the second sentence-- (A) by inserting ``or fashion models'' after ``athletes''; and (B) by inserting ``or fashion model'' after ``athlete''. (3) Numerical limitation.--Section 214(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the end the following: ``(I)(i) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 101(a)(15)(P)(iv) may not exceed 1,000. ``(ii) The numerical limitation established by clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens. ``(iii) An alien who has already been counted toward the limitation established by clause (i) shall not be counted again during the same period of stay or authorized extension under subsection (a)(2)(B), irrespective of whether there is a change in petitioner under subparagraph (C).''. (4) Consultation.-- (A) In general.--Section 214(c)(4)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)(D)) is amended by striking ``clause (i) or (iii)'' and inserting ``clause (i), (iii), or (iv)''. (B) Advisory opinion.--Section 214(c)(6)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(6)(A)(iii)) is amended-- (i) by striking ``section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii),'' and inserting ``clause (i), (iii), or (iv) of section 101(a)(15)(P),''; and (ii) by striking ``of athletics or entertainment''. (C) Expedited procedures.--Section 214(c)(6)(E)(i) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(6)(E)(i)) is amended by striking ``artists or entertainers'' and inserting ``artists, entertainers, or fashion models''. (b) Elimination of H-1B Classification for Fashion Models.--Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended-- (1) by striking ``or as a fashion model''; and (2) by striking ``or, in the case of a fashion model, is of distinguished merit and ability''. (c) Effective Date and Implementation.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Regulations, guidelines, and precedents.--The regulations, guidelines and precedents in effect on the date of the enactment of this Act for the adjudication of petitions for fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), shall be applied to petitions for fashion models under section 101(a)(15)(P)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this Act, except to the extent modified by the Secretary of Homeland Security through final regulations (not through interim regulations) promulgated in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (3) Construction.--Nothing in this section shall be construed as preventing an alien who is a fashion model from obtaining nonimmigrant status under section 101(a)(15)(O)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such alien is otherwise qualified for such status. (4) Treatment of pending petitions.--Petitions filed on behalf of fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) that are pending on the date of the enactment of this Act shall be treated as if they had been filed under section 101(a)(15)(P)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this Act.

Amends the Immigration and Nationality Act to replace the current nonimmigrant (H-1B) visa category for fashion models with a new (P-4) visa category. Defines such category as a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent. Provides that such entrants may not: (1) exceed 1,000 in any fiscal year, not including accompanying spouses or children; and (2) stay in the United States for more than 10 years (initial five-year period with one five-year extension). Makes an employer petition for such alien models eligible for expedited consultation procedures. States that applicable H-1B regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of fashion model petitions shall be applied to P-4 petitions, except to the extent modified by the Secretary of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping and Subsidy Offset Act of 1999''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Consistent with the rights of the United States under the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized. (2) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through the false market signals. (3) The continued dumping or subsidization of imported products after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (4) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses and American farmers and ranchers may be unable to pay down accumulated debt, to obtain working capital, or to otherwise remain viable. (5) United States trade laws should be strengthened to see that the remedial purpose of those laws is achieved. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by inserting after section 753 following new section: ``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET. ``(a) In General.--Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis under this section to the affected domestic producers for qualifying expenditures. Such distribution shall be known as the `continued dumping and subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) Affected domestic producer.--The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, or worker representative (including associations of such persons) that-- ``(A) was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered, and ``(B) remains in operation. Companies, businesses, or persons that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) Commissioner.--The term `Commissioner' means the Commissioner of Customs. ``(3) Commission.--The term `Commission' means the United States International Trade Commission. ``(4) Qualifying expenditure.--The term `qualifying expenditure' means an expenditure incurred after the issuance of the antidumping duty finding or order or countervailing duty order in any of the following categories: ``(A) Plant. ``(B) Equipment. ``(C) Research and development. ``(D) Personnel training. ``(E) Acquisition of technology. ``(F) Health care benefits to employees paid for by the employer. ``(G) Pension benefits to employees paid for by the employer. ``(H) Environmental equipment, training, or technology. ``(I) Acquisition of raw materials and other inputs. ``(J) Borrowed working capital or other funds needed to maintain production. ``(5) Related to.--A company, business, or person shall be considered to be `related to' another company, business, or person if-- ``(A) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person, ``(B) a third party directly or indirectly controls both companies, businesses, or persons, ``(C) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. For purposes of this paragraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. ``(c) Distribution Procedures.--The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be made not later than 60 days after the first day of a fiscal year from duties assessed during the preceding fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed.-- ``(1) List of affected domestic producers.--The Commission shall forward to the Commissioner within 60 days after the effective date of this section in the case of orders or findings in effect on such effective date, or in any other case, within 60 days after the date an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. ``(2) Publication of list; certification.--The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset, a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer-- ``(A) that the producer desires to receive a distribution; ``(B) that the producer is eligible to receive the distribution as an affected domestic producer; and ``(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made. ``(3) Distribution of funds.--The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Establishments.--Within 14 days after the effective date of this section, with respect to antidumping duty orders and findings and countervailing duty orders in effect on the effective date of this section, and within 14 days after the date an antidumping duty order or finding or countervailing duty order issued after the effective date takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. ``(2) Deposits into accounts.--The Commissioner shall deposit into the special accounts, all antidumping or countervailing duties (including interest earned on such duties) that are assessed after the effective date of this section under the antidumping order or finding or the countervailing duty order with respect to which the account was established. ``(3) Time and manner of distributions.--Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall made. ``(4) Termination.--A special account shall terminate after-- ``(a) the order or finding with respect to which the account was established has terminated; ``(B) all entries relating to the order or finding are liquidated and duties assessed collected; ``(C) the Commissioner has provided notice and a final opportunity to obtain distribution pursuant to subsection (c); and ``(D) 90 days has elapsed from the date of the notice described in subparagraph (C). Amounts not claimed within 90 days of the date of the notice described in subparagraph (C), shall be deposited into the general fund of the Treasury.''. (b) Conforming Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting the following new item after the item relating to section 753: ``Sec. 754. Continued dumping and subsidy offset.''. (c) Effective Date.--The amendments made by this section shall apply with respect to all antidumping and countervailing duty assessments made on or after October 1, 1996.

Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Uranium Extraction and Milling Control Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Uranium is a naturally occurring element found around the world in low levels in rock, soil, and water. (2) Uranium ore extracted through mining and other methods is the principal component of the concentrate known as yellowcake, a precursor to the production of highly enriched uranium. (3) Uranium is a necessary element in any fuel cycle capable of producing fissile material usable for a nuclear explosive device, whether such device utilizes uranium or plutonium. (4) According to the World Nuclear Association, over 40,000 metric tons of uranium ore were produced worldwide in 2007. (5) The wide availability of naturally occurring uranium, a favorable commercial environment, and the growing demand for nuclear power may lead to a significant expansion of the production of uranium ore worldwide, including in countries with nuclear weapons programs such as Iran and North Korea, which maintain that their production is intended for peaceful purposes. (6) Over the past two decades, Iran has opened as many as 10 uranium mines. The ore from these mines is estimated to contain concentrations of uranium too low to be suitable for legitimate commercial use. (7) During the 1980s and 1990s, Syria, with technical assistance from the International Atomic Energy Agency, studied the feasibility of uranium extraction and conducted preliminary extraction activities. Like Iran, Syria's uranium ore was found to be unsuitable for commercial use. (8) Iran and Syria can make use of their domestic sources of uranium ore for military purposes only if they have access to extraction and milling goods, services, and technology from other countries. (9) The significant reserves of uranium ore in North Korea are a potential source for other countries with covert nuclear weapons programs. (10) Unlike other nuclear materials and facilities, the processes of extracting uranium ore and milling it into yellowcake are not subject to safeguards by the International Atomic Energy Agency. (11) Iran, North Korea, and Syria have been sanctioned by the United States and other countries as a result of their nuclear and other programs involving weapons of mass destruction. (12) Transfers of nuclear and certain other sensitive goods, services, or technology to Iran, North Korea, and Syria are prohibited by the laws of the United States. (13) Foreign persons that make such transfers may be sanctioned by the United States pursuant to the Iran, North Korea, and Syria Nonproliferation Act. (14) Denying Iran, North Korea, and Syria access to the goods, services, and technology needed to utilize their domestic sources of uranium ore for their nuclear weapons programs should be a significant nonproliferation goal of the United States and like-minded countries. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to oppose the transfer to Iran, North Korea, and Syria of goods, services, or technology relevant to their capability to extract or mill uranium ore; and (2) to work with like-minded countries to impose restrictions on such transfers internationally. SEC. 4. REPORTING REQUIREMENTS UNDER THE IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT. Section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended-- (1) in paragraph (1), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) in subparagraph (B), as redesignated-- (A) by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (B) by striking the period at the end and inserting ``; or''; (4) by striking all that precedes subparagraph (A), as redesignated, and inserting the following: ``(a) Reports.--The President shall, at the times specified in subsection (b), submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that person-- ``(1) on or after January 1, 1999, transferred to or acquired from Iran, on or after January 1, 2005, transferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea--''; and (5) by adding at the end the following new paragraph: ``(2) on or after January 1, 2009, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria.''. SEC. 5. CONFORMING AMENDMENTS. The Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is further amended by striking ``Committee on International Relations'' each place it appears and inserting ``Committee on Foreign Affairs''.

International Uranium Extraction and Milling Control Act of 2009 - States that it shall be U.S. policy to: (1) oppose the transfer to Iran, North Korea, and Syria of goods, services, or technology relevant to their capability to extract or mill uranium ore; and (2) work with like-minded countries to impose international restrictions on such transfers. Amends the Iran, North Korea, and Syria Nonproliferation Act to include in the President's proliferation report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations identification of every foreign person who on or after January 1, 2009, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Addiction Treatment Act of 1999''. SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT. Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) in paragraph (2), by striking ``(A) security'' and inserting ``(i) security'', and by striking ``(B) the maintenance'' and inserting ``(ii) the maintenance''; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) by inserting ``(1)'' after ``(g)''; (4) by striking ``Practitioners who dispense'' and inserting ``Except as provided in paragraph (2), practitioners who dispense''; and (5) by adding at the end the following: ``(2)(A) Subject to subparagraphs (D) and (G), the requirements of paragraph (1) are waived in the case of the dispensing, by a practitioner, of narcotic drugs in schedule IV or V or combinations of such drugs if the practitioner meets the conditions specified in subparagraph (B) and the narcotic drugs or combinations of such drugs meet the conditions specified in subparagraph (C). ``(B) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to a practitioner are that, before dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintenance or detoxification treatment, the practitioner submit to the Secretary a notification of the intent of the practitioner to begin dispensing the drugs or combinations for such purpose, and that the notification contain the following certifications by the practitioner: ``(i) The practitioner is a physician licensed under State law, and the practitioner has, by training or experience, the ability to treat and manage opiate- dependent patients. ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services. ``(iii) In any case in which the practitioner is not in a group practice, the total number of such patients of the practitioner at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 20, except that the Secretary may by regulation change such total number. ``(iv) In any case in which the practitioner is in a group practice, the total number of such patients of the group practice at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 20, except that the Secretary may by regulation change such total number, and the Secretary for such purposes may by regulation establish different categories on the basis of the number of practitioners in a group practice and establish for the various categories different numerical limitations on the number of such patients that the group practice may have. ``(C) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to narcotic drugs in schedule IV or V or combinations of such drugs are as follows: ``(i) The drugs or combinations of drugs have, under the Federal Food, Drug and Cosmetic Act or section 351 of the Public Health Service Act, been approved for use in maintenance or detoxification treatment. ``(ii) The drugs or combinations of drugs have not been the subject of an adverse determination. For purposes of this clause, an adverse determination is a determination published in the Federal Register and made by the Secretary, after consultation with the Attorney General, that the use of the drugs or combinations of drugs for maintenance or detoxification treatment requires additional standards respecting the qualifications of practitioners to provide such treatment, or requires standards respecting the quantities of the drugs that may be provided for unsupervised use. ``(D)(i) A waiver under subparagraph (A) with respect to a practitioner is not in effect unless (in addition to conditions under subparagraphs (B) and (C)) the following conditions are met: ``(I) The notification under subparagraph (B) is in writing and states the name of the practitioner. ``(II) The notification identifies the registration issued for the practitioner pursuant to subsection (f). ``(III) If the practitioner is a member of a group practice, the notification states the names of the other practitioners in the practice and identifies the registrations issued for the other practitioners pursuant to subsection (f). ``(IV) A period of 30 days has elapsed after the date on which the notification was submitted, and during such period the practitioner does not receive from the Secretary a written notice that one or more of the conditions specified in subparagraph (B), subparagraph (C), or this subparagraph, have not been met. ``(ii) The Secretary shall provide to the Attorney General such information contained in notifications under subparagraph (B) as the Attorney General may request. ``(E) If in violation of subparagraph (A) a practitioner dispenses narcotic drugs in schedule IV or V or combinations of such drugs for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section 304(a)(4), consider the practitioner to have committed an act that renders the registration of the practitioner pursuant to subsection (f) to be inconsistent with the public interest. ``(F) In this paragraph, the term `group practice' has the meaning given such term in section 1877(h)(4) of the Social Security Act. ``(G)(i) This paragraph takes effect on the date of enactment of the Drug Addiction Treatment Act of 1999, and remains in effect thereafter except as provided in clause (iii) (relating to a decision by the Secretary or the Attorney General that this paragraph should not remain in effect). ``(ii) For the purposes relating to clause (iii), the Secretary and the Attorney General shall, during the 3-year period beginning on the date of enactment of the Drug Addiction Treatment Act of 1999, make determinations in accordance with the following: ``(I)(aa) The Secretary shall-- ``(aaa) make a determination of whether treatments provided under waivers under subparagraph (A) have been effective forms of maintenance treatment and detoxification treatment in clinical settings; ``(bbb) make a determination regarding whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and ``(ccc) make a determination regarding whether such waivers have adverse consequences for the public health. ``(bb) In making determinations under this subclause, the Secretary-- ``(aa) may collect data from the practitioners for whom waivers under subparagraph (A) are in effect; ``(bb) shall promulgate regulations (in accordance with procedures for substantive rules under section 553 of title 5, United States Code) specifying the scope of the data that will be required to be provided under this subclause and the means through which the data will be collected; and ``(cc) shall, with respect to collecting such data, comply with applicable provisions of chapter 6 of title 5, United States Code (relating to a regulatory flexibility analysis) and of chapter 8 of such title (relating to congressional review of agency rulemaking). ``(II) The Attorney General shall-- ``(aa) make a determination of the extent to which there have been violations of the numerical limitations established under subparagraph (B) for the number of individuals to whom a practitioner may provide treatment; ``(bb) make a determination regarding whether waivers under subparagraph (A) have increased (relative to the beginning of such period) the extent to which narcotic drugs in schedule IV or V or combinations of such drugs are being dispensed or possessed in violation of this Act; and ``(cc) make a determination regarding whether such waivers have adverse consequences for the public health. ``(iii) If, before the expiration of the period specified in clause (ii), the Secretary or the Attorney General publishes in the Federal Register a decision, made on the basis of determinations under such clause, that this paragraph should not remain in effect, this paragraph ceases to be in effect 60 days after the date on which the decision is so published. The Secretary shall, in making any such decision, consult with the Attorney General, and shall, in publishing the decision in the Federal Register, include any comments received from the Attorney General for inclusion in the publication. The Attorney General shall, in making any such decision, consult with the Secretary, and shall, in publishing the decision in the Federal Register, include any comments received from the Secretary for inclusion in the publication. ``(H) During the 3-year period beginning on the date of enactment of the Drug Addiction Treatment Act of 1999, a State may not preclude a practitioner from dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintentance or detoxification treatment in accordance with the Drug Addiction Treatment Act of 1999, unless, before the expiration of that 3-year period, the State enacts a law prohibiting a practitioner from dispensing such drugs or combination of drugs.''. (e) Conforming Amendment.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a), in the matter following paragraph (5), by striking ``section 303(g)'' each place the term appears and inserting ``section 303(g)(1)''; and (2) in subsection (d), by striking ``section 303(g)'' and inserting ``section 303(g)(1)''.

Drug Addiction Treatment Act of 1999 - Amends the Controlled Substances Act to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule IV or V or combinations of such drugs (schedule IV-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of Health and Human Services a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule IV-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use). Sets forth specified procedural requirements to make the waiver effective. Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements. Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virgin Islands Visa Waiver Act of 2012''. SEC. 2. VIRGIN ISLANDS VISA WAIVER PROGRAM. (a) In General.--Section 212(l) of the Immigration and Nationality Act (8 U.S.C. 1182(l)) is amended-- (1) by amending the subsection heading to read as follows: ``Guam, Northern Mariana Islands, and Virgin Islands Visa Waiver Programs.--''; and (2) by adding at the end the following: ``(7) Virgin islands visa waiver program.-- ``(A) In general.--The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien who is a national of a country described in subparagraph (B) and who is applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in the United States Virgin Islands for a period not to exceed 30 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of the United States Virgin Islands, determines that such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths. ``(B) Countries.--A country described in this subparagraph is a country that-- ``(i) is a member or an associate member of the Caribbean Community (CARICOM); and ``(ii) is listed in the regulations described in subparagraph (D). ``(C) Alien waiver of rights.--An alien may not be provided a waiver under this paragraph unless the alien has waived any right-- ``(i) to review or appeal under this Act an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States Virgin Islands; or ``(ii) to contest, other than on the basis of an application for withholding of removal under section 241(b)(3) of this Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action for removal of the alien. ``(D) Regulations.--All necessary regulations to implement this paragraph shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 60th day after the date of enactment of the Virgin Islands Visa Waiver Act of 2012. The promulgation of such regulations shall be considered a foreign affairs function for purposes of section 553(a) of title 5, United States Code. At a minimum, such regulations should include, but not necessarily be limited to-- ``(i) a listing of all member or associate member countries of the Caribbean Community (CARICOM) whose nationals may obtain the waiver provided by this paragraph, except that such regulations shall not provide for a listing of any country if the Secretary of Homeland Security determines that such country's inclusion on such list would represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths; and ``(ii) any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors. ``(E) Factors.--In determining whether to grant or continue providing the waiver under this paragraph to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange. ``(F) Suspension.--The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to the United States Virgin Islands under this paragraph. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this paragraph. The Secretary of Homeland Security may in the Secretary's discretion suspend the United States Virgin Islands visa waiver program at any time, on a country-by- country basis, for other good cause. ``(G) Addition of countries.--The Governor of the United States Virgin Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this paragraph, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary's sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this paragraph.''. (b) Conforming Amendments.-- (1) Documentation requirements.--Section 212(a)(7)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(iii)) is amended to read as follows: ``(iii) Special visa waiver programs.--For a provision authorizing waiver of clause (i) in the case of visitors to Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, see subsection (l).''. (2) Admission of nonimmigrants.--Section 214(a)(1) of such Act (8 U.S.C. 1184(a)(1)) is amended by inserting before the final sentence the following: ``No alien admitted to the United States Virgin Islands without a visa pursuant to section 212(l)(7) may be authorized to enter or stay in the United States other than in United States Virgin Islands or to remain in the United States Virgin Islands for a period exceeding 30 days from date of admission to the United States Virgin Islands.''.

Virgin Islands Visa Waiver Act of 2012 - Amends the Immigration and Nationality Act to establish a visa waiver program for the United States Virgin Islands for a national of a country that is a member or an associate member of the Caribbean Community (CARICOM) listed in regulations under this Act and who is applying for admission as a nonimmigrant business or pleasure visitor solely for entry into and stay in the United States Virgin Islands for not more than 30 days, if the Secretary of Homeland Security (DHS) determines that such waiver does not represent a threat to the welfare or security of the United States or its territories and commonwealths. Directs the Secretary to suspend the admission of nationals of a country if such admissions have resulted in an unacceptable number of visitors remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from such country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States. Authorizes the Secretary to suspend the program at any time, on a country-by-country basis, for other good cause. Provides for the addition of program countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalinization Research and Development Act of 1994''. SEC. 2. DECLARATION OF POLICY. In view of the increasing shortage of usable surface and ground water in many parts of the United States and the world, it is the policy of the United States to perform research to develop low-cost alternatives in the desalinization and reuse of saline or biologically impaired water to provide water of a quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses, and to provide, through cooperative activities with local sponsors, desalinization and water reuse processes or facilities which provide proof-of-concept demonstrations of advanced technologies for the purpose of developing and conserving the water resources of this Nation and the world. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``desalinization'' means the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes; (2) the term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water; (3) the term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; (4) the term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses; and (5) the term ``sponsor'' means any local, State, or interstate agency responsible for the sale and delivery of usable water that has the legal and financial authority and capability to provide the financial and real property requirements needed for a desalinization facility. SEC. 4. RESPONSIBILITY FOR THE PROGRAM. (a) Research and Development.--The Secretary of the Interior shall have primary program management and oversight for conduct of the research and development under this Act and shall coordinate these activities with the Secretary of the Army. (b) Desalinization Development Program.--The Secretary of the Interior shall jointly execute the Desalinization Development Program established under section 6 with the Secretary of the Army. SEC. 5. RESEARCH AND DEVELOPMENT. (a) In General.--In order to gain basic knowledge concerning the most efficient means by which usable water can be produced from saline water, the Secretary of the Interior and the Secretary of the Army shall conduct a basic research and development program as established by this Act. (b) Contents of Program.--For the basic research and development program, the Secretary of the Interior and the Secretary of the Army shall-- (1) conduct, encourage, and promote fundamental scientific research and basic studies to develop the best and most economical processes and methods for converting saline water into usable water through research grants and contracts-- (A) to conduct research and technical development work, (B) to make studies in order to ascertain the optimum mix of investment and operating costs, (C) to determine the best designs for different conditions of operation, and (D) to investigate increasing the economic efficiency of desalinization processes by using them as dual-purpose co-facilities with other processes involving the use of water; (2) engage, by competitive or noncompetitive contract or any other means, necessary personnel, industrial or engineering firms, Federal laboratories and other facilities, and educational institutions suitable to conduct research or other work; (3) study methods for the recovery of byproducts resulting from the desalinization of water to offset the costs of treatment and to reduce the environmental impact from those byproducts; and (4) prepare a management plan for conduct of the research and development program established under this section. SEC. 6. DESALINIZATION DEVELOPMENT PROGRAM. (a) Program Responsibility.--The Secretary of the Interior shall have program responsibility for the Desalinization Development Program established under this section (referred to in this section as the ``Desalinization Development Program''). (b) Design and Construction.--The Secretary of the Army and the Secretary of the Interior both shall have authority to design and construct facilities under the Desalinization Development Program. (c) Selection of Desalinization Development Facilities.--Candidate facilities shall be submitted by the sponsor directly to the Secretary of the Army or the Secretary of the Interior. Sponsors shall submit their application for the design and construction of a facility and certification that they can provide the required cost sharing. Facilities shall be selected subject to availability of Federal funds. (d) Cost Sharing.-- (1) Initial cost.--The initial cost of a facility shall include-- (A) design cost, (B) construction cost, (C) lands, easements, and rights-of-way costs, and (D) relocation costs. (2) General rule.--The sponsor for a facility under the Desalinization Development Program shall pay, during construction, at least 25 percent of the initial cost of the facility, including providing all lands, easements, and rights- of-way and performing all related necessary relocations. (3) 25-percent minimum contribution.--If the value of the contributions required under paragraph (2) of this subsection is less than 25 percent of the initial cost of the facility, the sponsor shall pay during construction of the facility such additional amounts as are necessary so that the total contribution of the sponsor is equal to 25 percent of the initial cost of the facility. (4) 50-percent maximum.--The sponsor share under paragraph (2) shall not exceed 50 percent of the initial cost of the facility. (e) Maximum Initial Cost.--The initial cost of a facility under subsection (d)(1) may not exceed $10,000,000. (f) Operation and Maintenance.--Operation, maintenance, repair, and rehabilitation of facilities shall be the responsibility of the sponsor. (g) Revenue.--All revenue generated from the sale of usable water from the facilities shall be retained by the sponsors. SEC. 7. PARTICIPATION BY INTERESTED AGENCIES AND OTHER PERSONS. (a) Coordination With Other Agencies.-- (1) In general.--Research and development activities undertaken by the Secretary of the Interior under this Act shall be coordinated or conducted jointly, as appropriate-- (A) with the Department of Commerce, specifically with respect to marketing and international competition, and (B) with-- (i) the Departments of Defense, Agriculture, State, Health and Human Services, and Energy, (ii) the Environmental Protection Agency, (iii) the Agency for International Development, and (iv) other concerned Government and private entities. (2) Other agencies.--Other interested agencies may furnish appropriate resources to the Secretary of the Interior to further the activities in which they are interested. (b) Availability of Research.--All research sponsored or funded under authority of this Act shall be provided in such manner that information, products, processes, and other developments resulting from Federal expenditures or authorities shall (with exceptions necessary for national defense and the protection of patent rights) be available to the general public consistent with this Act. (c) Relationship to Antitrust Laws.--Section 10 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5909) shall apply to the activities of individuals, corporations, and other business organizations in connection with grants and contracts made by the Secretary of the Interior pursuant to this Act. SEC. 8. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary of the Interior is authorized to accept technical and administrative assistance from a State, public, or private agency in connection with research and development activities relating to desalinization of water and may enter into contracts or agreements stating the purpose for which the assistance is contributed and, in appropriate circumstances, providing for the sharing of costs between the Secretary of the Interior and such agency. SEC. 9. MISCELLANEOUS AUTHORITIES. In carrying out this Act, the Secretary of the Interior or the Secretary of the Army, as appropriate, may-- (1) make grants to educational and scientific institutions; (2) contract with educational and scientific institutions and engineering and industrial firms; (3) engage, by competition or noncompetitive contract or any other means, necessary personnel, industrial and engineering firms and educational institutions; (4) use the facilities and personnel of Federal, State, municipal, and private scientific laboratories; (5) contract for or establish and operate facilities and tests to conduct research, testing, and development necessary for the purposes of this Act; (6) acquire processes, data, inventions, patent applications, patents, licenses, lands, interests in lands and water, facilities, and other property by purchase, license, lease, or donation; (7) assemble and maintain domestic and foreign scientific literature and issue pertinent bibliographical data; (8) conduct inspections and evaluations of domestic and foreign facilities and cooperate and participate in their development; (9) conduct and participate in regional, national, and international conferences relating to the desalinization of water; (10) coordinate, correlate, and publish information which will advance the development of the desalinization of water; and (11) cooperate with Federal, State, and municipal departments, agencies and instrumentalities, and with private persons, firms, educational institutions, and other organizations, including foreign governments, departments, agencies, companies, and instrumentalities, in effectuating the purposes of this Act. SEC. 10. DESALINIZATION CONFERENCE. (a) Establishment.--The President shall instruct the Agency for International Development to sponsor an international desalinization conference within twelve months following the date of the enactment of this Act. Participants in such conference should include scientists, private industry experts, desalinization experts and operators, government officials from the nations that use and conduct research on desalinization, and those from nations that could benefit from low-cost desalinization technology, particularly in the developing world, and international financial institutions. (b) Purpose.--The conference established in subsection (a) shall explore promising new technologies and methods to make affordable desalinization a reality in the near term, and shall further propose a research agenda and a plan of action to guide longer-term development of practical desalinization applications. (c) Funding.--Funding for the international desalinization conference may come from operating or program funds of the Agency for International Development. The Agency for International Development shall encourage financial and other support from other nations, including those that have desalinization technology and those that might benefit from it. SEC. 11. REPORTS. Prior to the expiration of the twelve-month period following the date of enactment of this Act, and each twelve-month period thereafter, the Secretary of the Interior, in consultation with the Secretary of the Army, shall prepare a report to the President and Congress concerning the administration of this Act. Such report shall include the actions taken by the Secretary of the Interior and the Secretary of the Army during the calendar year preceding the calendar year in which such report is filed, and shall include actions planned for the next following calendar year. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) Research and Development.--There are authorized to be appropriated to carry out section 5 $5,000,000 for fiscal year 1995, $10,000,000 for fiscal year 1996, and such sums as may be necessary for each of fiscal years 1997 through 1999. (b) Desalinization Development Program.--There are authorized to be appropriated to carry out section 6 such sums as may be necessary, up to a total of $50,000,000, for fiscal years 1995 through 1999. Funds made available under this subsection shall be made available in equal amounts to the Department of the Interior and the civil works program of the Army Corps of Engineers. Passed the Senate August 4 (legislative day, July 20), 1994. Attest: MARTHA S. POPE, Secretary.

Desalinization Research and Development Act of 1994 - Directs the Secretary of the Interior and the Secretary of the Army to conduct a basic research and development program to gain knowledge concerning the most efficient means by which usable water can be produced from saline water. Grants the Secretaries authority to design and construct desalinization facilities in cost-sharing cooperation with applying sponsors. Directs the President to instruct the Agency for International Development to sponsor an international desalinization conference to explore new technologies of affordable desalinization and propose a research agenda. Requires reports to the Congress and the President. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efficiently Act of 2016''. SEC. 2. EXPANSION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Paragraph (2) of section 45L(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) in lieu of subparagraphs (A) and (B), in the case of qualified new energy efficient home that is a qualified energy efficient residential rental property, 3.3 percent of the cost of construction of such property, reduced by any expenditure not taken into account under this section by reason of subsection (f).''. (b) Qualified Energy Efficient Residential Rental Property Defined.--Subsection (b) of section 45L of such Code is amended by adding at the end the following: ``(5) Qualified energy efficient residential rental property.-- ``(A) In general.--The term `qualified energy efficient residential real property' means a building which is residential rental property which is described in subparagraph (B), (C), or (D). ``(B) New or reconstructed building.--A building is described in this subparagraph if-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of which commences with the taxpayer, and ``(iii) the building is placed in service after the date of the enactment of the Building Efficiently Act of 2016. ``(C) Improvements to existing building.--A building is described in this subparagraph if, only after improvements are made to the building-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of the improved building commences with the taxpayer, ``(iii) the improved building is placed in service after the date of the enactment of the Building Efficiently Act of 2016, and ``(iv) the taxpayer elects to the application of this paragraph with respect to the building. ``(D) Buildings acquired by purchase.--A building is described in this subparagraph if the building-- ``(i) is acquired by purchase from an unrelated person, ``(ii) meets the certification requirements of subparagraph (E), and ``(iii) is placed in service after the date of the enactment of the Building Efficiently Act of 2016. ``(E) Certification requirements.--The requirements of this subparagraph are met if, with respect to a building, the building is certified in accordance with subsection (d) as being constructed, reconstructed, or retrofitted, as the case may be, under a plan designed to reduce energy and power consumption of the building by 40 percent or more in comparison to-- ``(i) in the case of retrofits made to an existing building, the baseline annual energy and power consumption of the building, or ``(ii) in any other case, a reference building which meets the minimum requirements of the International Energy Conservation Code 2004 using methods of calculation under subsection (d). ``(F) Baseline annual energy and power consumption.--The baseline annual energy and power consumption of any building shall be determined by using-- ``(i) a building energy performance benchmarking tool designated for purposes of this paragraph by the Administrator of the Environmental Protection Agency, which is based upon energy and power consumption data during the 1-year period ending on the date on which retrofits under the plan are placed in service, or ``(ii) such other methods of calculation as certified by the Secretary in accordance with subsection (d). ``(G) Related persons.--For purposes of subparagraph (D), a person is related to another person if-- ``(i) the persons are members of an affiliated group (as defined in section 1504), or ``(ii) the persons have a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection and rules similar to the rules of subsections (c) and (e) (other than paragraphs (4) and (5) thereof) shall apply.''. (c) Conforming Amendment.--Section 45L(d) is amended by striking ``subsection (c)'' both places it appears and inserting ``subsection (b)(5) or (c)''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2015. SEC. 3. ELIMINATION OF BASIS REDUCTION FOR LOW-INCOME HOUSING PROPERTIES RECEIVING CERTAIN ENERGY BENEFITS. (a) New Energy Efficient Home Credit.--Subsection (e) of section 45L of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Adjustment.--For purposes'' and inserting ``Adjustment.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Exception for low-income housing properties.-- Paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (b) Energy Efficient Commercial Buildings Deduction.--Subsection (e) of section 179D of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Reduction.--For purposes'' and inserting ``Reduction.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Exception for low-income housing properties.-- Paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (c) Energy Credit.--Paragraph (3) of section 50(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subparagraph (A), (2) by striking the period at the end of subparagraph (B) and inserting ``, and'', and (3) by adding at the end the following new subparagraph: ``(C) paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2015.

Building Efficiently Act of 2016 This bill amends the Internal Revenue Code to expand the new energy efficient home tax credit to allow, in lieu of the existing credit, a credit for 3.3% of the cost of constructing a new energy efficient home that is a qualified energy efficient residential rental property. An energy efficient residential rental property must be certified as being constructed, reconstructed, or retrofitted under a plan designed to reduce energy and power consumption of the building by at least 40% compared to: (1) the baseline annual energy and power consumption of the building in the case of a retrofit made to an existing building, or (2) a reference building which meets the minimum requirements of the International Energy Conservation Code 2004 in any other case. The bill also eliminates the basis reduction requirements for low-income housing properties receiving: (1) the new energy efficient home credit, (2) the energy efficient commercial buildings deduction, or (3) the credit for investments in energy property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satisfying Energy Needs and Saving the Environment Act'' or the ``SENSE Act''. SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Boiler operating day.--The term ``boiler operating day'' has the meaning given such term in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (3) Coal refuse.--The term ``coal refuse'' means any byproduct of coal mining, physical coal cleaning, or coal preparation operation that contains coal, matrix material, clay, and other organic and inorganic material. (4) Coal refuse electric utility steam generating unit.-- The term ``coal refuse electric utility steam generating unit'' means an electric utility steam generating unit that-- (A) is in operation as of the date of enactment of this Act; (B) uses fluidized bed combustion technology to convert coal refuse into energy; and (C) uses coal refuse as at least 75 percent of the annual fuel consumed, by heat input, of the unit. (5) Coal refuse-fired facility.--The term ``coal refuse- fired facility'' means all coal refuse electric utility steam generating units that are-- (A) located on one or more contiguous or adjacent properties; (B) specified within the same Major Group (2-digit code), as described in the Standard Industrial Classification Manual (1987); and (C) under common control of the same person (or persons under common control). (6) Cross-state air pollution rule.--The terms ``Cross- State Air Pollution Rule'' and ``CSAPR'' mean the regulatory program promulgated by the Administrator to address the interstate transport of air pollution in parts 51, 52, and 97 of title 40, Code of Federal Regulations, including any subsequent or successor regulation. (7) Electric utility steam generating unit.--The term ``electric utility steam generating unit'' means either or both-- (A) an electric utility steam generating unit, as such term is defined in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation; or (B) an electricity generating unit or electric generating unit, as such terms are used in CSAPR. (8) Phase i.--The term ``Phase I'' means, with respect to CSAPR, the initial compliance period under CSAPR, identified for the 2015 and 2016 annual compliance periods. (b) Application of CSAPR to Certain Coal Refuse Electric Utility Steam Generating Units.-- (1) Coal refuse electric utility steam generating units combusting bituminous coal refuse.-- (A) Applicability.--This paragraph applies with respect to any coal refuse electric utility steam generating unit that-- (i) combusts coal refuse derived from the mining and processing of bituminous coal; and (ii) is subject to sulfur dioxide allowance surrender provisions pursuant to CSAPR. (B) Continued applicability of phase i allowance allocations.--In carrying out CSAPR, the Administrator shall provide that, for any compliance period, the allocation (whether through a Federal implementation plan or State implementation plan) of sulfur dioxide allowances for a coal refuse electric utility steam generating unit described in subparagraph (A) is equivalent to the allocation of the unit-specific sulfur dioxide allowance allocation identified for such unit for Phase I, as referenced in the notice entitled ``Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units'' (79 Fed. Reg. 71674 (December 3, 2014)). (C) Rules for allowance allocations.--For any compliance period under CSAPR that commences on or after January 1, 2017, any sulfur dioxide allowance allocation provided by the Administrator to a coal refuse electric utility steam generating unit described in subparagraph (A)-- (i) shall not be transferable for use by any other source not located at the same coal refuse-fired facility as the relevant coal refuse electric utility steam generating unit; (ii) may be transferable for use by another source located at the same coal refuse-fired facility as the relevant coal refuse electric utility steam generating unit; (iii) may be banked for application to compliance obligations in future compliance periods under CSAPR; and (iv) shall be surrendered upon the permanent cessation of operation of such coal refuse electric utility steam generating unit. (2) Other sources.-- (A) No increase in overall state budget of sulfur dioxide allowance allocations.--For purposes of paragraph (1), the Administrator may not, for any compliance period under CSAPR, increase the total budget of sulfur dioxide allowance allocations for a State in which a unit described in paragraph (1)(A) is located. (B) Compliance periods 2017 through 2020.--For any compliance period under CSAPR that commences on or after January 1, 2017, but before December 31, 2020, the Administrator shall carry out subparagraph (A) by proportionally reducing, as necessary, the unit- specific sulfur dioxide allowance allocations from each source that-- (i) is located in a State in which a unit described in paragraph (1)(A) is located; (ii) permanently ceases operation, or converts its primary fuel source from coal to natural gas, prior to the relevant compliance period; and (iii) otherwise receives an allocation of sulfur dioxide allowances under CSAPR for such period. (c) Emission Limitations To Address Hydrogen Chloride and Sulfur Dioxide as Hazardous Air Pollutants.-- (1) Applicability.--For purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section 112 of the Clean Air Act (42 U.S.C. 7412), the Administrator-- (A) shall authorize the operator of such unit to elect that such unit comply with either-- (i) an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph (2); or (ii) an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph (2); and (B) may not require that such unit comply with both an emission standard for emissions of hydrogen chloride and an emission standard for emissions of sulfur dioxide. (2) Rules for emission limitations.-- (A) In general.--The Administrator shall require an operator of a coal refuse electric utility steam generating unit to comply, at the election of the operator, with no more than one of the following emission standards: (i) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.002 pounds per million British thermal units of heat input. (ii) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.02 pounds per megawatt-hour. (iii) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 0.20 pounds per million British thermal units of heat input. (iv) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 1.5 pounds per megawatt-hour. (v) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of 93 percent of sulfur dioxide across the generating unit or group of generating units, as determined by comparing-- (I) the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as- fired fuel samples; to (II) the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system. (B) Measurement.--An emission standard described in subparagraph (A) shall be measured as a 30 boiler operating day rolling average per coal refuse electric utility steam generating unit or group of coal refuse electric utility steam generating units located at a single coal refuse-fired facility. Passed the House of Representatives March 15, 2016. Attest: KAREN L. HAAS, Clerk.

. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill modifies the Cross-State Air Pollution Rule as it applies to certain electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency (EPA) must maintain the existing limits for sulfur dioxide emissions from coal refuse utilities under the cap-and-trade system, instead of applying the more restrictive limits that are scheduled to go into effect in 2017. (Under the current system, a cap sets a limit on emissions. The cap is lowered over time to reduce the amount of pollutants released. Utilities may only emit as much carbon as permitted under their allowances, which may be traded with others.) Thus, the EPA must allocate to coal refuse utilities in 2017 and subsequent years the same number of emissions allowances for sulfur dioxide that have been previously allocated to coal refuse utilities, instead of reducing allowances. After January 1, 2017, a coal refuse utility may not trade any unused sulfur dioxide allowances. Those allowances may be saved by the coal refuse utilities for use in future compliance periods. The EPA may not increase the total number of allowances for sulfur dioxide emissions from all sources that are allocated to each state. The bill eases emission limits for hazardous air pollutants from coal refuse utilities. The EPA must allow the utilities to meet compliance requirements by meeting the maximum achievable control technology standards for either hydrogen chloride or sulfur dioxide.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Advisory Program Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''. SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section: ``SEC. 419. IMMIGRATION ADVISORY PROGRAM. ``(a) In General.--There is authorized within United States Customs and Border Protection an immigration advisory program (in this section referred to as the `program') for United States Customs and Border Protection officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports with review of traveler information during the processing of flights bound for the United States. ``(b) Activities.--In carrying out the program, United States Customs and Border Protection officers may-- ``(1) be present during processing of flights bound for the United States; ``(2) assist air carriers and security employees with document examination and traveler security assessments; ``(3) provide relevant training to air carriers, security employees, and host-country authorities; ``(4) analyze electronic passenger information and passenger reservation data to identify potential threats; ``(5) engage air carriers and travelers to confirm potential terrorist watchlist matches; ``(6) make recommendations to air carriers to deny potentially inadmissable passengers boarding flights bound for the United States; and ``(7) conduct other activities to secure flights bound for the United States, as directed by the Commissioner of United States Customs and Border Protection. ``(c) Notification to Congress.--Not later than 60 days before an agreement with the government of a host country pursuant to the program described in this section enters into force, the Commissioner of United States Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with-- ``(1) a copy of such agreement, which shall include-- ``(A) the identification of the host country with which United States Customs and Border Protection intends to enter into such agreement; ``(B) the location at which activities described in subsection (b) will be conducted pursuant to such agreement; and ``(C) the terms and conditions for United States Customs and Border Protection personnel operating at such location; ``(2) country-specific information on the anticipated homeland security benefits associated with such agreement; ``(3) an assessment of the impacts such agreement will have on United States Customs and Border Protection domestic port of entry staffing; ``(4) information on the anticipated costs over the 5 fiscal years after such agreement enters into force associated with carrying out such agreement; ``(5) details on information sharing mechanisms to ensure that United States Customs and Border Protection has current information to prevent terrorist and criminal travel; and ``(6) other factors that the Commissioner determines necessary for Congress to comprehensively assess the appropriateness of carrying out the program. ``(d) Amendment of Existing Agreements.--Not later than 30 days before a substantially amended program agreement with the government of a host country in effect as of the date of the enactment of this section enters into force, the Commissioner of United States Customs and Border Protection shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(1) a copy of such agreement, as amended; and ``(2) the justification for such amendment. ``(e) Definitions.--In this section, the terms `air carrier' and `foreign air carrier' have the meanings given such terms in section 40102 of title 49, United States Code.''. (b) Conforming Amendment.--Subsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended-- (1) in paragraph (18), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (19) as paragraph (20); and (3) by inserting after paragraph (18) the following new paragraph: ``(19) carry out section 419, relating to the immigration advisory program; and''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 418 the following new item: ``Sec. 419. Immigration advisory program.''. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Immigration Advisory Program Authorization Act of 2018 or the IAP Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize within U.S. Customs and Border Protection (CBP) an immigration advisory program for CBP officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports review traveler information during the processing of U.S.-bound flights. CBP shall provide Congress with: a copy of any host country agreement within 60 days of such agreement entering into force which shall include information on anticipated homeland security benefits, costs, CBP personnel needs, and possible terrorist and criminal travel; and a copy of, and a justification for, any substantially amended agreement within 30 days of such agreement entering into force.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shelter Our Servicemembers Act''. SEC. 2. ELDERLY HOMELESS VETERANS HOUSING GRANT PILOT PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall jointly establish a pilot program to award grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. (b) Eligible Organization.-- (1) Nonprofit organization.--The Secretaries may award two grants under this section to nonprofit organizations that provide housing to homeless veterans or assist homeless veterans to find housing. (2) Locations.--In selecting the nonprofit organizations under paragraph (1), the Secretaries shall ensure that such organizations operate in separate geographical locations. (3) Application.--To be eligible for a grant under this section, a nonprofit organization shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require. (c) Number and Amount of Grant.-- (1) Number.--The Secretaries-- (A) may award two grants under this section; and (B) may not award more than one grant to a single nonprofit organization. (2) Amount.--A grant awarded under this section may not exceed $25,000,000. (d) Use of Grant.-- (1) In general.--A nonprofit organization may use a grant awarded under this section to-- (A) purchase real property within a single geographical area to be used to provide up to 200 eligible homeless veterans with non-transitional housing; and (B) refurbish or renovate such property. (2) Eligible homeless veterans.--A homeless veteran is eligible for housing provided pursuant to this section if the Secretary of Veterans Affairs determines that the homeless veteran-- (A) has attained the age of 55; (B) has-- (i) been continuously homeless for a year or more; or (ii) during the last three years, had at least four separate, distinct, and sustained periods during which the veteran lived or resided on the streets, in an emergency shelter for homeless persons, or a combination of both; and (C) has a condition that limits the veteran's ability to work or perform activities of daily living, including conditions related to-- (i) a diagnosable substance abuse disorder; (ii) a serious mental illness; (iii) a developmental disability; or (iv) a chronic physical illness or disability. (e) Case Management.-- (1) In general.--The Secretary of Veterans Affairs shall provide case management for elderly homeless veterans who receive housing assistance pursuant to this section. The Secretary shall maintain a sufficient number of caseworkers to ensure that the ratio of such homeless veterans to caseworkers does not exceed 25 to 1. (2) Provision.--In carrying out paragraph (1), the Secretary shall allow the non-profit organization awarded a grant under this section to provide the case management under paragraph (1) if the non-profit organization elects to provide such case management. (f) Report.--Not later than 180 days after the date on which the pilot grant program terminates pursuant to subsection (i), the Secretaries shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the pilot grant program that includes-- (1) the number of veterans served under the program; (2) the types of services offered under the program to such veterans; (3) the amount of money spent under the program on each such veteran; (4) a recommendation as to the feasibility and advisability of continuing the program; and (5) any other information the Secretaries consider appropriate. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $50,000,000. (h) Homeless Veteran Defined.--In this section, the term ``homeless veteran'' means a veteran who-- (1) has attained the age of 55; and (2) is homeless (as that term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))). (i) Termination.--The pilot grant program established under subsection (a) shall terminate on the date that is two years after the date on which the Secretaries award a grant under such subsection.

Shelter Our Servicemembers Act Requires the Department of Veterans Affairs (VA) and the Department of Housing and Urban Development to jointly establish a two-year pilot program of grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. Allows recipients to use such grant to: (1) purchase real property to provide up to 200 homeless veterans with non-transitional housing, and (2) refurbish or renovate such property. Makes eligible for such housing veterans of at least 55 years of age who: (1) have been continuously homeless for a year or more or, during the last three years, had at least four separate periods of living on the streets, in an emergency shelter, or a combination thereof; and (2) have a condition that limits their ability to work or perform activities of daily living. Requires VA to provide case management for elderly veterans receiving such assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2003''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 is amended-- (1) by redesignating section 407E as section 406E; and (2) by inserting after chapter 3 (20 U.S.C. 1070a-31 et seq.) the following new chapter: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance opportunities of students at community or technical colleges to transfer to 4-year institutions and complete bachelor's degrees. ``SEC. 407B. ACTIVITIES. ``(a) Grants Authorized.--From the amounts appropriated under section 407D, the Secretary shall award grants to an eligible partnership that includes-- ``(1) 1 or more community or technical colleges that award associate's degrees; and ``(2) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the institutions described in paragraph (1) with which it is partnered. ``(b) Use of Funds.--Grants awarded under this part shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from the community or technical college to the partner institution; ``(3) need-based scholarships to transfer students for their 3d and 4th years of undergraduate education; ``(4) academic program enhancements at the community or technical college that result in increasing the quality of the program offered and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and ``(5) programs to identify barriers that inhibit student transfers. ``(c) Applications.--Any institution, or a consortia or system of higher education, that desires to obtain a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section. ``SEC. 407C. SCHOLARSHIPS. ``(a) Amounts.--Scholarships awarded under this chapter shall, to the extent possible from the funds available, provide the additional amount of tuition and fees charged the participating student by the partner institution in excess of the amount of tuition and fees charged the student by the community or technical college. ``(b) Effect on Other Aid.--Scholarships awarded under this chapter shall not be considered for the purposes of awarding Federal Pell Grants under subpart 1 of part A of title IV, except that in no case shall the total amount of student financial assistance awarded to a student under this chapter and title IV exceed the student's cost of attendance, as defined in section 472. ``SEC. 407D. DEFINITION. ``For the purpose of this part, the term `community or technical college' means an institution of higher education-- ``(1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(2) that predominately does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); ``(3) that-- ``(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree; or ``(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(4) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``SEC. 407E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $70,000,000 to carry out this chapter for fiscal year 2004 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) need-based scholarships to transfer students for their third and fourth years of undergraduate education; (4) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (5) programs to identify barriers that inhibit student transfers.

SECTION 1. FAIRNESS AND ACCURACY IN STUDENT TESTING. (a) Findings.--Congress finds the following: (1) The use of large-scale achievement tests in education has grown significantly in recent years. States and local school districts have increasingly used these tests in such contexts as raising student academic standards to make high- stakes decisions with important consequences for individual students, such as tracking (assigning students to schools, programs, or classes based on achievement level), promotion of students to the next grade, and graduation of students from secondary school. (2) The serious and often adverse consequences resulting from the sole or determinative reliance on large-scale tests have increasingly resulted in questions and significant concerns by students, parents, teachers, and school administrators about how to ensure that such tests are used appropriately and in a manner that is fair. (3) In 1997, Congress directed the National Academy of Sciences to ``conduct a study and make written recommendations on appropriate methods, practices, and safeguards to ensure that, among other things,...existing and new tests that are used to assess student performance are not used in a discriminatory manner or inappropriately for student promotion, tracking, or graduation.''. (4) In 1999, the National Academy of Sciences, through its National Research Council, completed its study and issued a report entitled ``High Stakes: Testing for Tracking, Promotion and Graduation''. Guided by principles of measurement validity, attribution of cause, and effectiveness of treatment, the National Research Council made key findings for appropriate test use in educational settings, including the following: (A) When tests are used in ways that meet relevant psychometric, legal, and educational standards, students' scores provide important information, that combined with information from other sources, can lead to decisions that promote student learning and equality of opportunity. (B) Tests are not perfect. Test questions are a sample of possible questions that could be asked in a given area. Moreover, a test score is not an exact measure of a student's knowledge or skills. (C) To the extent that all students are expected to meet world-class standards, there is a need to provide world-class curricula and instruction to all students. However, in most of the Nation, much needs to be done before a world-class curriculum and world-class instruction will be in place. At present, curriculum does not usually place sufficient emphasis on student understanding and application of concepts, as opposed to memorization and skill mastery. In addition, instruction in core subjects typically has been and remains highly stratified. What teachers teach and what students learn vary widely by track, with those in lower tracks receiving far less than a world-class curriculum. (D) Problems of test validity are greatest among young children, and there is a greater risk of error when such tests are employed to make significant decisions about children who are less than 8 years old or below grade 3, or about their schools. However, well-designed assessments may be useful in monitoring trends in the educational development of populations of students who have reached age 5. (5) The National Research Council made the following recommendations: (A) If parents, educators, public officials, and others who share responsibility for educational outcomes are to discharge their responsibility effectively, they should have access to information about the nature and interpretation of tests and test scores. Such information should be made available to the public and should be incorporated into teacher education and into educational programs for principals, administrators, public officials, and others. (B) A test may appropriately be used to lead curricular reform, but it should not also be used to make high-stakes decisions about individual students until test users can show that the test measures what they have been taught. (C) High-stakes decisions such as tracking, promotion, and graduation should not automatically be made on the basis of a single test score but should be buttressed by other relevant information about the student's knowledge and skill, such as grades, teacher recommendations, and extenuating circumstances. (D) In general, large-scale assessments should not be used to make high-stakes decisions about students who are less than 8 years old or enrolled below grade 3. (E) High-stakes testing programs should routinely include a well-designed evaluation component. Policymakers should monitor both the intended and unintended consequences of high-stake assessments on all students and on significant subgroups of students, including minorities, English-language learners, and students with disabilities. (6) These principles and findings of the National Academy of Sciences are supported in significant measure by the Standards for Educational and Psychological Testing, adopted and approved in December of 1999, by the leading experts and professional organizations on testing, including the American Educational Research Association, American Psychological Association, and the National Council on Measurement in Education. (b) Test Performance.--If performance on a standardized test is considered as part of any decision about the retention, graduation, tracking, or within-class ability grouping of an individual student by a State educational agency or local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, such test performance shall not be the sole determinant in such decision and may be considered in making such decision only if-- (1) the test meets professional standards of validity and reliability for the purpose for which the test's results are being used, including the validity and reliability of any cut score or performance standard set or established for use on the test; (2) the test allows its users to make score interpretations in relation to a functional performance level, as distinguished from those interpretations that are made in relation to the performance of others, is based on State or local content and performance standards, and is aligned with the curriculum and classroom instruction; (3) multiple measures of student achievement are utilized, including grades and evaluations by teachers, so that scores from large-scale assessments are never the only source of information used nor assigned determinative weight in making a high-stakes decision about an individual student; (4) students tested have been provided multiple opportunities to demonstrate proficiency in the subject matter covered by the test; (5) the test is administered in accordance with the written guidance from the test developer or publisher; (6) the State educational agency or local educational agency has evidence that the test is of adequate technical quality for each purpose for which the test is used; (7) the State educational agency or local educational agency provides appropriate accommodations and alternate assessments for students with disabilities that provide the students with a valid opportunity to show what they know and can do; (8) the State educational agency or local educational agency provides appropriate accommodations for students with limited English proficiency, including-- (A) if such a student is tested in English, the student received academic instruction primarily in English for at least 3 years prior to the test, or if the student received instruction in English for more than such 3 years, the local educational agency determines that the student has achieved sufficient English proficiency to ensure that the test will accurately measure the student's subject matter knowledge and skills; (B) in the case of students with limited English proficiency who have not been taught primarily in English for 3 years prior to the test, such students are assessed, to the greatest extent practicable, in the language and form most likely to yield accurate and reliable information about what those students know and can do; and (C) in the case of Spanish-speaking students with limited English proficiency, such students are assessed using tests developed and written in Spanish, if Spanish language tests are more likely than English language tests to yield accurate and reliable information on what those students know and can do; and (9) the test is not used for a decision about promotion or placement in special education for a child below the age of 8 or grade 3. (c) Evaluations.-- (1) State educational agencies.--Each State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 and uses a standardized test as part of a high stakes decision described in subsection (b), shall conduct a comprehensive evaluation of the impact of the test's use on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The State educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (2) Local educational agency.--Each local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, uses a standardized test as part of a high stakes decision described in subsection (b), and is located in a State that does not conduct an evaluation under paragraph (1), shall conduct a comprehensive evaluation of the impact of the test's use on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The local educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (3) Department of education.--The Secretary shall-- (A) conduct an evaluation similar to the evaluation described in paragraph (1) among a representative sample of States and local educational agencies; (B) report the results of such evaluation to Congress; and (C) make the results of the evaluation available to the public. (d) Definition of Standardizes Test.--In this section the term ``standardized test'' means a test that is administered and scored under conditions uniform to all students so that the test scores are comparable across individuals.

Prohibits standardized test performance from being the sole determinant of any decision about an individual student's retention, graduation, tracking, or within-class ability grouping. Allows test performance to be considered in making such decision only if specified criteria are met. Requires such tests to: (1) meet professional standards of validity and reliability for the purpose for which its results are being used; (2) allow users to make score interpretations related to a functional performance level, and be based on State or local content or performance standards, and be aligned with curriculum and classroom instruction; (3) be administered in accordance with written guidance from the test developer or publisher; and (4) not be used to decide promotion or placement in special education for a child below age eight or grade three. Requires that: (1) multiple measures of student achievement be used, including grades and evaluations by teachers, so that scores from large-scale assessments are never the only source of information used nor assigned determinative weight in making a high-stakes decision about an individual student; and (2) multiple opportunities to demonstrate proficiency in the subject matter covered by the test be provided to students tested. Requires SEAs and LEAs to: (1) have evidence that the test is of adequate technical quality for each purpose for which it is used; (2) provide appropriate accommodations and alternate assessments for students with disabilities that provide such students with a valid opportunity to show what they know and can do; and (3) provide appropriate accommodations for students with limited English proficiency, including specified arrangements. Requires evaluations of the impact of standardized tests use in high stakes decisions on students' education and educational outcomes, particularly on individuals and subgroups disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender, to be carried out by: (1) SEAs receiving ESEA funds; (2) LEAs receiving ESEA funds located in States that do not do such evaluations; and (3) the Secretary of Education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Settlement Trust Tax Fairness Act of 2001''. SEC. 2. TAX TREATMENT AND INFORMATION REQUIREMENTS OF ALASKA NATIVE SETTLEMENT TRUSTS. (a) Treatment of Alaska Native Settlement Trusts.--Subpart A of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 (relating to general rules for taxation of trusts and estates) is amended by adding at the end the following new section: ``SEC. 646. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--Except as otherwise provided in this section, the provisions of this subchapter and section 1(e) shall apply to all Settlement Trusts. ``(b) Taxation of Income of Trust.--Except as provided in subsection (f)(1)(B)(ii)-- ``(1) In general.--There is hereby imposed on the taxable income of an electing Settlement Trust, other than its net capital gain, a tax at the lowest rate specified in section 1. ``(2) Capital gain.--In the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is hereby imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate specified in section 1. ``(c) One-Time Election.-- ``(1) In general.--A Settlement Trust may elect to have the provisions of this section apply to the trust and its beneficiaries. ``(2) Time and method of election.--An election under paragraph (1) shall be made by the trustee of such trust-- ``(A) on or before the due date (including extensions) for filing the Settlement Trust's return of tax for the first taxable year of such trust ending after the date of the enactment of this section, and ``(B) by attaching to such return of tax a statement specifically providing for such election. ``(3) Period election in effect.--Except as provided in subsection (f), an election under this subsection-- ``(A) shall apply to the first taxable year described in paragraph (2)(A) and all subsequent taxable years, and ``(B) may not be revoked once it is made. ``(d) Contributions to Trust.-- ``(1) Beneficiaries of electing trust not taxed on contributions.--In the case of an electing Settlement Trust, no amount shall be includible in the gross income of a beneficiary of such trust by reason of a contribution to such trust. ``(2) Earnings and profits.--The earnings and profits of the sponsoring Native Corporation shall not be reduced on account of any contribution to such Settlement Trust: ``(e) Tax Treatment of Distributions to Beneficiaries.--Amounts distributed by an electing Settlement Trust during any taxable year shall be considered as having the following characteristics in the hands of the recipient beneficiary: ``(1) First, as amounts excludable from gross income for the taxable year to the extent of the taxable income of such trust for such taxable year (decreased by any income tax paid by the trust with respect to the income) plus any amount excluded from gross income of the trust under section 103. ``(2) Second, as amounts excludable from gross income to the extent of the amount described in paragraph (1) for all taxable years for which an election is in effect under subsection (c) with respect to the trust, and not previously taken into account under paragraph (1). ``(3) Third, as amounts distributed by the sponsoring Native Corporation with respect to its stock (within the meaning of section 301(a)) during such taxable year and taxable to the recipient beneficiary as amounts described in section 301(c)(1), to the extent of current accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year. ``(4) Fourth, as amounts distributed by the trust in excess of the distributable net income of such trust for such taxable year. Amounts distributed to which paragraph (3) applies shall not be treated as a corporate distribution subject to section 311(b), and for purposes of determining the amount of a distribution for purposes of paragraph (3) and the basis to the recipients, section 643(e) and not section 301(b) or (d) shall apply. ``(f) Special Rules Where Transfer Restrictions Modified.-- ``(1) Transfer of beneficial interests.--If, at any time, a beneficial interest in an electing Settlement Trust may be disposed of to a person in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if such interest were Settlement Common Stock-- ``(A) no election may be made under subsection (c) with respect to such trust, and ``(B) if such an election is in effect as of such time-- ``(i) such election shall cease to apply as of the first day of the taxable year in which such disposition is first permitted, ``(ii) the provisions of this section shall not apply to such trust for such taxable year and all taxable years thereafter, and ``(iii) the distributable net income of such trust shall be increased by the current and accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year. In no event shall the increase under clause (iii) exceed the fair market value of the trust's assets as of the date the beneficial interest of the trust first becomes so disposable. The earnings and profits of the sponsoring Native Corporation shall be adjusted as of the last day of such taxable year by the amount of earnings and profits so included in the distributable net income of the trust. ``(2) Stock in corporation.--If-- ``(A) the Settlement Common Stock in the sponsoring Native Corporation may be disposed of to a person in any manner not permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)), and ``(B) at any time after such disposition of stock is first permitted, such corporation transfers assets to a Settlement Trust, paragraph (1)(B) shall be applied to such trust on and after the date of the transfer in the same manner as if the trust permitted dispositions of beneficial interests in the trust in a manner not permitted by such section 7(h). ``(3) Certain distributions.--For purposes of this section, the surrender of an interest in a Native Corporation or an electing Settlement Trust in order to accomplish the whole or partial redemption of the interest of a shareholder or beneficiary in such corporation or trust, or to accomplish the whole or partial liquidation of such corporation or trust, shall be deemed to be a transfer permitted by section 7(h) of the Alaska Native Claims Settlement Act. ``(g) Taxable Income.--For purposes of this title, the taxable income of an electing Settlement Trust shall be determined under section 641(b) without regard to any deduction under section 651 or 661. ``(h) Definitions.--For purposes of this section-- ``(1) Electing settlement trust.--The term `electing Settlement Trust' means a Settlement Trust which has made the election, effective for a taxable year, described in subsection (c). ``(2) Native corporation.--The term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). ``(3) Settlement common stock.--The term `Settlement Common Stock' has the meaning given such term by section 3(p) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(p)). ``(4) Settlement trust.--The term `Settlement Trust' means a trust that constitutes a settlement trust under section 3(t) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(t)). ``(5) Sponsoring native corporation.--The term `sponsoring Native Corporation' means the Native Corporation which transfers assets to an electing Settlement Trust. ``(i) Special Loss Disallowance Rule.--Any loss that would otherwise be recognized by a shareholder upon a disposition of a share of stock of a sponsoring Native Corporation shall be reduced (but not below zero) by the per share loss adjustment factor. The per share loss adjustment factor shall be the aggregate of all contributions to all electing Settlement Trusts sponsored by such Native Corporation made on or after the first day each trust is treated as an electing Settlement Trust expressed on a per share basis and determined as of the day of each such contribution. ``(j) Cross Reference.-- ``For information required with respect to electing Settlement Trusts and sponsoring Native Corporations, see section 6039H.''. (b) Reporting.--Subpart A of part III of subchapter A of chapter 61 of subtitle F of such Code (relating to information concerning persons subject to special provisions) is amended by inserting after section 6039G the following new section: ``SEC. 6039H. INFORMATION WITH RESPECT TO ALASKA NATIVE SETTLEMENT TRUSTS AND SPONSORING NATIVE CORPORATIONS. ``(a) Requirement.--The fiduciary of an electing Settlement Trust (as defined in section 646(h)(1)) shall include with the return of income of the trust a statement containing the information required under subsection (c). ``(b) Application With Other Requirements.--The filing of any statement under this section shall be in lieu of the reporting requirements under section 6034A to furnish any statement to a beneficiary regarding amounts distributed to such beneficiary (and such other reporting rules as the Secretary deems appropriate). ``(c) Required Information.--The information required under this subsection shall include-- ``(1) the amount of distributions made during the taxable year to each beneficiary, ``(2) the treatment of such distribution under the applicable provision of section 646, including the amount that is excludable from the recipient beneficiary's gross income under section 646, and ``(3) the amount (if any) of any distribution during such year that is deemed to have been made by the sponsoring Native Corporation (as defined in section 646(h)(5)). ``(d) Sponsoring Native Corporation.-- ``(1) In general.--The electing Settlement Trust shall, on or before the date on which the statement under subsection (a) is required to be filed, furnish such statement to the sponsoring Native Corporation (as so defined). ``(2) Distributees.--The sponsoring Native Corporation shall furnish each recipient of a distribution described in section 646(e)(3) a statement containing the amount deemed to have been distributed to such recipient by such corporation for the taxable year.''. (c) Clerical Amendment.-- (1) The table of sections for subpart A of part I of subchapter J of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 646. Tax treatment of Alaska Native Settlement Trusts.''. (2) The table of sections for subpart A of part III of subchapter A of chapter 61 of subtitle F of such Code is amended by inserting after the item relating to section 6039G the following new item: ``Sec. 6039H. Information with respect to Alaska Native Settlement Trusts and sponsoring Native Corporations.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to contributions made to electing Settlement Trusts for such year or any subsequent year.

Alaska Native Settlement Trust Tax Fairness Act of 2001 - Amends the Internal Revenue Code (IRC) to impose on an electing Alaska Native Settlement Trust, other than its net capital gain, the lowest rate of tax imposed by section one of the IRC (currently, 15 percent). Provides that in the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate. Provides for the tax treatment of distributions to beneficiaries. Sets forth information reporting requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Joseph Medicine Crow Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) born November 27, 1913, near Lodge Grass on the Crow Indian Reservation, Dr. Joseph Medicine Crow is the oldest living Crow Indian veteran; (2) Dr. Joseph Medicine Crow is recognized as a warrior by his tribe for completing all 4 actions of counting coup while serving in the United States Armed Services during World War II in Germany, France, and Italy; (3) he earned his first coup by leading a war party, a detail of soldiers, under fire, to retrieve dynamite to use for attacking German guns; (4) he earned his second and third coups by touching the first fallen enemy and stealing his weapon, and when he met a German soldier on a street in France, Dr. Medicine Crow knocked down the soldier and kicked his rifle away; (5) he earned his fourth coup by entering an enemy camp and stealing their horses by sneaking into a farm where German SS officers were holed up for the night, stealthily entering a barn and corral, mounting a horse and, with a Crow war cry, running the horses toward the Americans as ``the fireworks started'' behind him and soldiers started shooting; (6) upon returning from World War II, Dr. Joseph Medicine Crow was the first member of the Crow Tribe to earn a master's degree; (7) Dr. Joseph Medicine Crow has since received 3 honorary PhDs, from the University of Southern California, University of Montana, and Rocky Mountain College; (8) Dr. Joseph Medicine Crow has lectured throughout the world on topics such as his masters thesis, ``The Effects of European Culture Contact Upon the Economic, Social, and Religious Life of the Crow Indians''; (9) Dr. Joseph Medicine Crow has been a longtime teacher at Little Big Horn College in Crow Agency, Montana; (10) Dr. Joseph Medicine Crow is a noted tribal historian and has authored several books on Crow culture, including ``Handbook on Crow Indian Treaties & Laws'', ``Medicine Crow, a Crow Chief'', ``From the Heart of the Crow Country'', ``Whiteman Runs Him, Custer's Last Scout'', and ``Counting Coup--Becoming a Crow Chief on the Reservation and Beyond''; (11) Dr. Joseph Medicine Crow was appointed tribal historian and anthropologist by the Crow Tribal Council in 1948; (12) Dr. Joseph Medicine Crow is a renowned figure who is included in narratives of the West in major museums around the world; (13) Dr. Joseph Medicine Crow was awarded the Montana Historical Society Trustees' award for contributions to Montana history in 1992; (14) Dr. Joseph Medicine Crow was awarded the Jeff Dykes Memorial Award for Notable Contributions to Western Affairs by the Potomac Corral of the Westerners in 2000; (15) Dr. Joseph Medicine Crow was awarded the Montana Governor's Tourism Award in 2005; (16) on June 25, 2008, near the Tomb of the Unknown Soldier at the Custer Battlefield Museum in Garryowen, Montana, Dr. Joseph Medicine Crow will be awarded the French Legion of Honor Chevalier medal and the Bronze Star for his service in the United States Army during World War II; (17) Dr. Joseph Medicine Crow has been nominated for the Presidential Medal of Freedom, the Nation's highest civil award, reserved for contributions to the country's culture, history, and security; and (18) Dr. Joseph Medicine Crow has proven himself to be a highly accomplished role model by-- (A) serving the Crow Tribe and the United States with valor and heroism in World War II; (B) successfully integrating his past; and (C) educating others about his cultural heritage. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Dr. Joseph Medicine Crow, in recognition of his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, tribal historian, and author. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There are authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Dr. Joseph Medicine Crow Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation of a congressional gold medal in commemoration of Dr. Joseph Medicine Crow to recognize his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, tribal historian, and author.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The John H. Chafee Coastal Barrier Resources System (the System) was created by Congress when it enacted the Coastal Barrier Resources Act of 1982 (CBRA). The System is a collection of specific areas of land and associated aquatic habitats delineated on maps adopted by Congress. (2) The System was expanded by amendments adopted in 1990 and currently contains 856 units and areas consisting of approximately 3.1 million acres of undeveloped coastal land and associated aquatic habitat. (3) The original non-digital System maps were based on information that is now between 18 and 26 years old and were drawn without precision. Since 1990, to avoid inequities and to correct mapping errors, Congress has enacted 17 public laws to modify 43 units. (4) The State of South Carolina has a well-established and respected coastal management program to manage beachfront development. The State's program is designed to protect sensitive and fragile areas from inappropriate development and to provide adequate environmental safeguards with respect to the construction of facilities in the coastal zone. (5) Between 1988 and 1999, State and local regulations did not authorize development of the western end of Kiawah Island. However, in 1999, South Carolina established a setback line that represents a detailed analysis of long-term accretion trends in the area. Establishment of the setback line authorized development of a portion of Captain Sam's Inlet Unit M08 that was previously not authorized for development. In 2005, the Town of Kiawah Island's Town Council adopted a Development Agreement to authorize and regulate development of the area. (6) Kiawah Island is a world-renowned, environmental award winning community known for responsible and sound development. (7) Kiawah Island and the associated beach, dune, and hummock habitats provide a range of opportunities to increase the ecological health and value to numerous native plant and animal species. (8) To maintain the integrity of the System, the modification of Captain Sam's Inlet Unit M08 described in section 3 and the habitat enhancement actions described in section 4 will increase the fish and wildlife habitat value of the Unit and areas in proximity to the Unit. (b) Purpose.--Congress declares that it is the purpose of this Act to enhance the ecological value of Captain Sam's Inlet Unit M08 and areas in proximity to the Unit by modifying the Unit in a manner that adds 178 acres and removes approximately 61.5 acres which will soon be developed using a very low density approach, and by encouraging implementation of voluntary, supplemental ecological enhancement projects. The Unit modification will enable all residents of the area to be treated comparably. SEC. 2. DESCRIPTION OF CAPTAIN SAM'S INLET UNIT M08. (a) In General.--Captain Sam's Inlet Unit M08 includes the area along Captain Sam's Inlet at Kiawah Island's western end. It was created in 1982 and expanded in 1990. The Unit currently includes the western end of Kiawah Island, neighboring fast land to the north and associated aquatic habitat. Current acreage of the Unit is approximately 1,182 acres, including roughly 200 acres of fast land and 982 acres of associated aquatic habitat. (b) Unit M07/M07P or Bird Key.--A separate, much larger System unit covers the eastern portion of Kiawah Island. That Unit, known as Unit M07/M07P or Bird Key, is approximately 7,094 total acres, including roughly 687 acres of fast land and 6,407 acres of associated aquatic habitat. SEC. 3. MODIFICATION OF CAPTAIN SAM'S INLET UNIT M08. (a) Net Expansion.--The replacement map referenced in section 5 expands Unit M08 by 116 acres. The modified Unit increases in size from approximately 1,182 total acres to approximately 1,299 total acres (roughly 164 fast land and 1,135 associated aquatic habitat). The modification represents a ratio of approximately 3 acres added:1 acre removed. (b) Specific Changes.--The replacement map referenced in section 5-- (1) adds 178 acres to the Unit--25 acres of land in the northeastern corner of the Unit and 153 acres of associated aquatic habitat; and (2) removes 61.5 acres from the Unit--39 acres authorized for development by the State in 1999 and rezoned by the Town of Kiawah in 2005, and 22.5 acres on two adjacent islands. SEC. 4. SUPPLEMENTAL PROJECTS TO ENHANCE ECOLOGICAL VALUE. (a) Density Reductions and Conservation Easements.-- (1) There are existing entitlements for 44 dwelling units on the 25 acres of fast land that are being added to the Unit. To increase the habitat value of the modified Captain Sam's Inlet Unit M08, the owners of this land have indicated a willingness on a voluntary basis to reduce substantially these entitlements and grant conservation easements to an appropriate conservation organization. (2) There are existing entitlements for 460 dwelling units on the 61.5 acres that are being removed from the Unit. To increase the habitat value of the modified Captain Sam's Inlet Unit M08 and the area being removed from the Unit, the owners of this land have indicated a willingness on a voluntary basis to reduce substantially these entitlements and, as a result, reduce allowable density. (b) Ecological Enhancement.-- (1) A privately funded project is being developed to increase the ecological health and habitat value of the modified Captain Sam's Inlet Unit M08 and related habitat in and around Kiawah Island. The South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, and regional and local officials and interested conservation groups are being consulted about project design and implementation. (2) The project is being designed as a valuable public- private partnership project to increase the overall ecological value of habitats for a diversity of native fauna and flora. Species likely to benefit will range from culturally and ecologically significant plant species such as sweetgrass (Muhlenbergia filipes), to indicator mammalian species such as the bobcat (Felis rufus), and declining or threatened avian species such as the piping plover (Charadrius melodus) and painted buntings (Passerine ciris). SEC. 5. REPLACEMENT OF COASTAL BARRIER RESOURCE SYSTEM MAP RELATING TO CAPTAIN SAM'S INLET UNIT M08 IN CHARLESTON COUNTY, SOUTH CAROLINA. (a) In General.--The Coastal Barrier Resource System map of Captain Sam's Inlet Unit M08 that is dated October 24, 1990, and included in the set of maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), is replaced by the map of the unit entitled ``John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08'' and dated March 2008. (b) Availability.--The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).

Replaces the John H. Chafee Coastal Barrier Resources System map "Captain Sam's Inlet Unit M08" (an area in South Carolina) with a map of the unit entitled "John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08," increasing the size of the unit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Apollo Commemorative Coin Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Project Apollo in general, and the flight of Apollo 11 in particular, were milestones in the history of our Nation. (2) When referring to Project Apollo, historian Arthur Schlesinger, Jr., observed, ``The one thing for which this century will be remembered 500 years from now was: This was the century when we began the exploration of space.'' (3) Project Apollo helped demonstrate the technological and economic strength of the United States at the height of the cold war. (4) Project Apollo was an engineering triumph that successfully achieved the policy goals set by President Kennedy. (5) In only 9 years, Project Apollo advanced rocket technology from the 28-foot Redstone rocket which produced 78,000 pounds of thrust to the 363-foot Saturn V which produced 7.7 million pounds of thrust, which is comparable to building a modern commercial aircraft 9 years after the Wright brothers built their first airplane. (6) The Apollo flights are among the high points of our human achievement and allowed the entire world to view the planet Earth in a new way. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 35th anniversary of the Apollo 11 landing, and notwithstanding section 5112(m)(1) of title 31, United States Code, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following: (1) $5 gold coins.--Not more than 100,000 $5 coins, each of 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, each of 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 section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sources of Bullion.--The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act (Public Law 76-117; 50 U.S.C. 98, et seq.). SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 35th anniversary of the Apollo 11 lunar landing. (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 ``2004''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after-- (1) consultation with the Commission of Fine Arts; and (2) receiving the advice of the Citizens Commemorative Coin 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.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2004. (d) Termination of Minting.--No coins may be minted under this Act after December 31, 2004. 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 surcharges required by 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, discounts, 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.--The Secretary shall accept prepaid orders received before January 1, 2004 for the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Assessment.--Any sale by the Secretary of a coin 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.-- (1) In general.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Air and Space Museum of the Smithsonian Institution for the purposes of-- (A) collecting, exhibiting, and caring for objects related to Project Apollo; and (B) documenting and researching the mission of Project Apollo (including a collective outreach to the workers associated with Project Apollo for the contribution of their memories regarding Project Apollo). (2) Audits.--The National Air and Space Museum of the Smithsonian Institution 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 museum under paragraph (1). SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act does not result in any net cost to the United States Government. (b) Payment for Coins.--The Secretary shall not issue a coin minted under this Act unless the Secretary has first received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Project Apollo Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the 35th anniversary of the Apollo 11 lunar landing.

SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 1634 the following: ``Sec. 1635. Inland Empire Regional Water Recycling Project.''. SEC. 2. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1636. REGIONAL BRINE LINES. ``(a) In General.-- ``(1) Southern california.--The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(A) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(B) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(2) San francisco bay and santa clara valley.--The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.-- ``(1) Projects.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(A) 25 percent of the total cost of the project; or ``(B) $50,000,000. ``(2) Study.--The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a).''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1635 the following: ``Sec. 1636. Regional brine lines.''. SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1636 the following: ``Sec. 1637. Lower Chino Dairy Area desalination demonstration and reclamation project.''.

Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction of the Inland Empire regional water recycling project; (2) in cooperation with local governments, to carry out a program to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; (3) to carry out a study and program to assist water agencies in projects to construct such brine lines in San Francisco Bay and Santa Clara Valley, California; and (4) in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016''. SEC. 2. MEDICARE ENTITLEMENT TO IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Kidney Transplant Recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J))'' before ``, with the thirty-sixth month''. (b) Individuals Eligible Only for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every'' and inserting ``(a) In General.--Every''; and (B) by inserting at the end the following new subsection: ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.-- Beginning on January 1, 2017, every individual whose insurance benefits under part A has ended (whether before, on, or after such date) by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs.''. (2) Conforming amendment.--Sections 1837, 1838, and 1839 of the Social Security Act (42 U.S.C. 1395(o), 42 U.S.C. 1395(p), 42 U.S.C. 1395(q)) are each amended by striking ``1836'' and inserting ``1836(a)'' each place it appears. (c) Enrollment for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42 U.S.C. 1395(p)) is amended by adding at the end the following new subsection: ``(m)(1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. ``(2) An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). ``(3) An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2017, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs.''. (d) Coverage Period for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1838 of the Social Security Act (42 U.S.C. 1395(q)) is amended by adding at the end the following new subsection: ``(g) In the case of an individual described in section 1836(b), the following rules shall apply: ``(1) In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). ``(2) In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. ``(3) The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2). ``(4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A.''. (2) Conforming amendments.--Section 1838(b) is amended in the matter following paragraph (2) by adding ``or section 1837(m)(3)'' after ``section 1837(f)'' each place it appears. (e) Premiums for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (b), by adding at the end the following new sentence: ``No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs.''; and (2) by adding at the end the following new subsection: ``(j) Determination of Premium for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f).''. (f) Government Contribution.--Section 1844(a) of the Social Security Act (42 U.S.C. 1395(w)) is amended-- (1) in paragraph (3), by striking the period at the end and inserting ``; plus''; (2) by adding after paragraph (3) the following new paragraph: ``(4) a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b).''; and (3) by adding at the end the following flush matter: ``The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1).''. (g) Extension of Secondary Payer Requirements for ESRD Beneficiaries Eligible for Coverage of Immunosuppressive Drugs.-- Section 1862(b)(1)(C) (42 U.S.C. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2017, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply.''. (h) Ensuring Coverage Under the Medicare Savings Program.--Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting ``or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b)'' after ``section 1818''. (i) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))'' before the period at the end.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016 This bill amends titles II (Old Age, Survivors, and Disability Insurance) and XVIII (Medicare) of the Social Security Act to indefinitely extend Medicare coverage of immunosuppressive drugs for kidney transplant recipients. Under current law, such coverage is limited to 36 months following a transplant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder and Employee Rights Restoration Act of 2002''. SEC. 2. REPEAL OF PROVISIONS OF LAW LIMITING SHAREHOLDER ACTIONS UNDER THE SECURITIES LAWS. (a) Repeals.--The following provisions of law are repealed: (1) Subsections (b), (c), and (d) of section 27 of the Securities Act of 1933 (15 U.S.C. 77z-1(b), (c), (d)). (2) Section 27A of the Securities Act of 1933 (15 U.S.C. 77z-2). (3) Section 21E of the Securities Exchange Act of 1934 (15 U.S.C. 78u-5). (4) Section 11(f)(2) of the Securities Act of 1933 (15 U.S.C. 77k(f)(2)). (5) Subsections (b) through (f) of section 16 of the Securities Act of 1933 (15 U.S.C. 77p(b)-(f)). (6) Subsection (f) of section 28 of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)). (b) Additional Amendments To Protect Shareholder Actions and Whistleblowers.--Section 21D of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4) is amended-- (1) in subsection (a)-- (A) by striking paragraph (8); and (B) by redesignating paragraph (9) as paragraph (8); (2) in subsection (b)-- (A) by inserting ``, but not the sources of those facts,'' after ``particularity all facts'' in paragraph (1); (B) by striking ``strong'' in paragraph (2); (C) by striking paragraph (3); (D) by redesignating paragraph (4) as paragraph (3); and (3) by striking subsections (c) through (f). (c) Conforming Amendments.-- (1) Section 16 of the Securities Act of 1933 (15 U.S.C. 77p) is amended by striking ``(a) Remedies Additional.--Except as provided in subsection (b), the rights'' and inserting ``The rights''. (2) Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended-- (A) by striking ``except as provided in section 16 with respect to covered class actions,''; and (B) by striking ``Except as provided in section 16(c), no case'' and inserting ``No case''. (3) Section 28(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(a)) is amended by striking ``Except as provided in subsection (f), the rights'' and inserting ``The rights''. SEC. 3. RESTORATION OF AIDING AND ABETTING LIABILITY. (a) Securities Act of 1933.--Section 20 of the Securities Act of 1933 (15 U.S.C. 77t) is amended by adding at the end the following new subsection: ``(g) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (b) and (d), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (b) Securities Exchange Act of 1934.--Section 20(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended to read as follows: ``(e) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d)(1) and (d)(3) of section 21, or an action by a self-regulatory organization, or an express or implied private right of action under this title, any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation thereunder, shall be deemed to violate such provision and shall be liable to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (c) Investment Company Act of 1940.--Section 42 of the Investment Company Act of 1940 (15 U.S.C. 80a-41) is amended by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (d) Investment Advisers Act of 1940.--Section 209(d) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended-- (1) in subsection (d)-- (A) by striking ``or that any person has aided, abetted, counseled, commanded, induced, or procured, is aiding, abetting, counseling, commanding, inducing, or procuring, or is about to aid, abet, counsel, command, induce, or procure such a violation,''; and (B) by striking ``or in aiding, abetting, counseling, commanding, inducing, or procuring any such act or practice''; and (2) by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of duty owed by such person.''. SEC. 4. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION. Section 27A of the Securities Exchange Act of 1934 (15 U.S.C. 78aa- 1) is amended to read as follows: ``SEC. 27A. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION. ``(a) In General.--Except as otherwise provided in this title, an implied private right of action arising under this title shall be brought not later than 3 years after the date on which the alleged violation was discovered. ``(b) Effective Date.--The limitations period provided by this section shall apply to all proceedings pending on or commenced after the date of enactment of the Shareholder and Employee Rights Restoration Act.''.

Shareholder and Employee Rights Restoration Act of 2002 - Amends the Securities Act of 1933 governing private securities litigation to repeal: (1) certain limits on private class actions; (2) the safe harbor applied to forward-looking statements (corporate predictions); (3) proportionate liability of an outside director; and (4) limitations on class action remedies.Amends the Securities Exchange Act of 1934 to repeal guidelines governing: (1) the safe harbor applied to corporate predictions; (2) limitations on class actions remedies; (3) court-ordered security for payment of costs in class actions; (4) motions to dismiss and stay of discovery; (5) sanctions for abusive litigation; (6) written interrogatories as to defendant's state of mind; (7) limitation on damages; and (8) proportionate liability.Modifies guidelines for a securities fraud action to prohibit a complaint based upon information and belief from specifying the source of the facts upon which such belief is formed (thus granting whistle blower protection).Amends the Securities Act of 1933 and the Investment Advisers Act of 1940 to establish liability for aiding and abetting securities violations.Amends the Securities Exchange Act of 1934 to modify guidelines governing aiding and abetting.Extends the statute of limitations for an implied private right of action to no later than three years after the date on which the alleged violation was discovered.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Intelligence Contracting Act of 2008''. SEC. 2. ANNUAL SURVEY OF INTELLIGENCE COMMUNITY CONTRACTORS. (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting after section 506A the following new section: ``SEC. 506B. ANNUAL CONTRACTOR PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY. ``(a) Requirement To Provide.--The Director of National Intelligence shall, in consultation with the head of the element of the intelligence community concerned, prepare an annual assessment for such element of the intelligence community that assesses such element's use of private contractors and private contractor personnel. ``(b) Schedule.--Each assessment required by subsection (a) shall be submitted to the congressional intelligence committees each year along with the budget submitted by the President under section 1105 of title 31, United States Code. ``(c) Contents.--Each assessment required by subsection (a) submitted during a fiscal year shall contain, at a minimum, the following information for the element of the intelligence community concerned: ``(1) The total number and costs of contractors funded by the element during the previous fiscal year. ``(2) The best estimate of the total number of personnel working on the contracts funded by the element during the previous fiscal year. ``(3) The best estimate of the number and costs of contractors to be funded by the element for the upcoming fiscal year. ``(4) The proposed numerical and percentage increase or decrease of such costs of contracts as compared to the best estimate of the costs of contracts of the current fiscal year. ``(5) The proposed numerical and percentage increase or decrease of such costs of contracts as compared to the cost of contracts, and the number of contracts, during the prior 5 fiscal years. ``(6) A written description of the types of activities being performed by contractors. ``(7) A list of all contractors that have been the subject of an investigation completed by the Inspector General of any element of the intelligence community during the preceding fiscal year, or are or have been the subject of an investigation by such an Inspector General during the current fiscal year, or are currently or have been during the previous fiscal year the subject of a United States or foreign criminal investigation in connection with activities performed under a contract awarded by any element of the intelligence community, as well as any charges filed in connection with the investigation and the findings or disposition of the investigation. ``(8) A statement by the Director of National Intelligence that, based on current and projected funding, the element concerned will have sufficient-- ``(A) training resources to support the anticipated scope of contractor activity for the upcoming fiscal year; and ``(B) resources and infrastructure to support the administration, management, and oversight of the anticipated scope of contractor activity for the upcoming fiscal year.''. (b) Clerical Amendment.--The table of contents in the first section of that Act is amended by inserting after the item relating to section 506A the following new item: ``Sec. 506B. Annual contractor personnel level assessment for the intelligence community.''. SEC. 3. TRANSPARENCY AND ACCOUNTABILITY IN INTELLIGENCE CONTRACTING. (a) Information on Activities To Be Performed.--Each covered contract shall require the contractor to provide to the contracting officer for the contract, not later than 5 days after award of the contract, the following information regarding activities performed under the contract: (1) The best estimate of the number of persons to be used to perform such activities. (2) A description of how such persons are trained to carry out tasks specified under the contract relating to such activities. (3) A description of the process used to hire such persons, including the method by which and the extent to which background checks regarding such persons are conducted. (4) A description of each category of activity relating to such functions required by the contract. (5) The best estimate of the number of foreign nationals to be employed under the contract. (b) Updates.--The information provided under subsection (a) shall be updated during contract performance as necessary. (c) Information on Costs.--Each covered contract shall include the following requirements: (1) Upon award of the contract, the contractor shall provide to the contracting officer cost estimates of salary, benefits, insurance, materials, logistics, administrative costs, and other costs of carrying out activities under the contract. (2) Before contract closeout (other than closeout of a firm, fixed price contract), the contractor shall provide to the contracting officer a report on the actual costs of carrying out activities under the contract, in the same categories as provided under paragraph (1). (d) Information To Be Provided to Congress Upon Request.--The head of each element of the intelligence community shall make available to Congress any information provided under this section upon request by a Member or committee of Congress. SEC. 4. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR ACTIVITIES INVOLVING PERSONS UNDER THE CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT. (a) Notwithstanding any other provision of law, no executive department or agency shall award a contract for performance related to activities described in subsection (b). (b) Subsection (a) shall apply to any activity relating to the capture, custody, control, or other pertinent interaction with an individual who is a detainee or prisoner in the custody or under the effective control of the United States Government, including, with regard to such an individual-- (1) arrest; (2) interrogation; (3) detention; or (4) transportation or transfer. (c) Subsection (b) shall not be construed to include the performance of work is related to language interpretation, so long as the work is strictly limited to language interpretation and occurs under the direct supervision of a United States Government personnel. (d) The President shall have six months following the date of the enactment of this Act to ensure compliance with subsection (a). SEC. 5. REPORT ON THE USE OF PRIVATE CONTRACTORS FOR INTELLIGENCE ACTIVITIES. (a) Requirement for Report.--Not later than 120 days following the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing the personal services activities performed by contractors across the intelligence community, the impact of such contractors on the intelligence community workforce, plans for conversion of contractor employment into Government employment, and the accountability mechanisms that govern the performance of such contractors. (b) Content.-- (1) In general.--The report submitted under subsection (a) shall include-- (A) a description of any relevant regulations or guidance issued by the Director of National Intelligence or the head of an element of the intelligence community relating to minimum standards required regarding the hiring, training, security clearance, and assignment of contract personnel and how those standards may differ from those for Government employees performing substantially similar functions; (B) an identification of contracts where the contractor is providing a substantially similar functions to a Government employee; (C) an assessment of costs incurred or savings achieved by awarding contracts for the performance of such functions referred to in subparagraph (B) instead of using full-time employees of the elements of the intelligence community to perform such functions; (D) an assessment of the appropriateness of using contractors to perform the activities described in paragraph (2); (E) an estimate of the number of contracts, and the number of personnel working under such contracts, related to the performance of activities described in paragraph (2); (F) a comparison of the compensation of contract employees and Government employees performing substantially similar functions; (G) an analysis of the attrition of Government personnel associated with the reliance on contractor positions that provide substantially similar functions; (H) an analysis of accountability mechanisms available to each element of the intelligence community, including regulations and provisions included within services contracts; (I) an analysis of procedures in use in the intelligence community for conducting oversight of contractors to ensure identification and prosecution of criminal violations, financial waste, fraud, or other abuses committed by contractors or contract personnel; and (J) an identification of best practices of accountability mechanisms within services contracts. (2) Activities.--Activities described in this paragraph are the following: (A) Intelligence collection. (B) Intelligence analysis. (C) Covert actions. (D) Conduct of electronic or physical surveillance or monitoring of United States citizens in the United States. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. SEC. 6. DEFINITIONS. In this Act: (a) Intelligence Community.--The term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (b) Element of the Intelligence Community.--The term ``element of the intelligence community'' means an element of the intelligence community listed in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (c) Covered Contract.--The term ``covered contract'' means-- (1) a prime contract with any agency or office that is part of the intelligence community; (2) a subcontract at any tier under any prime contract with an office or agency referred to in paragraph (1); or (3) a task order issued under a task or delivery order contract entered into by an office or agency referred to in paragraph (1); if the contract, subcontract, or task order is valued at more than $1,000,000 and includes personal services activities to be performed either within or outside the United States.

Transparency and Accountability in Intelligence Contracting Act of 2008 - Amends the National Security Act of 1947 to require the Director of National Intelligence (DNI) to prepare an annual assessment for such element of the intelligence community (IC) that assesses such element's use of private contractors and private contractor personnel. Requires each assessment to be submitted to the congressional intelligence committees. Directs that each contract, subcontract, or task or delivery order entered into with an IC element shall require the contractor to provide to the IC element contracting officer certain information on the personnel performing contracting activities, including their training, the process used to hire the individuals, and the number of foreign nationals employed. Prohibits the use of private contractors for the arrest, interrogation, detention, or transportation or transfer of persons under government custody or control. Requires a report from the DNI to Congress describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms governing the performance of such contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Knife Owners' Protection Act of 2014''. SEC. 2. INTERSTATE TRANSPORT OF KNIVES. (a) Definition.--In this section, the term ``transport''-- (1) includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and any other activity related to the journey of an individual; and (2) does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. (b) Transport of Knives.-- (1) In general.--Notwithstanding any other provision of law, rule, or regulation of the United States, or of a State or political subdivision of a State, an individual who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife may transport a knife from any State or place where the individual may lawfully possess, carry, or transport the knife to any other State or place where the individual may lawfully possess, carry, or transport the knife if-- (A) in the case of transport by motor vehicle, the knife is not directly accessible from the passenger compartment of the motor vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife is contained in a locked container, glove compartment, or console; or (B) in the case of transport by means other than a motor vehicle, including any transport over land, on or through water, or through the air, the knife is contained in a locked container. (2) Temporary lodging.--An individual transporting a knife in accordance with paragraph (1) may have a knife accessible while staying in any form of temporary lodging. (c) Emergency Knives.-- (1) In general.--An individual-- (A) may carry in the passenger compartment of a motor vehicle a knife or tool designed for enabling escape in an emergency that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts; and (B) shall not be required to secure a knife or tool described in subparagraph (A) in a locked container, glove compartment, or console. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the passenger cabin of an aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (d) No Arrest or Detention.--An individual who is transporting a knife in compliance with this section may not be arrested or otherwise detained for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the individual is not in compliance with subsection (b). (e) Claim or Defense.--An individual may assert this section as a claim or defense in any civil or criminal action or proceeding. When an individual asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision has the burden of proving, beyond a reasonable doubt, that the individual was not in compliance with subsection (b). (f) Right of Action.-- (1) In general.--Any individual who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any individual to the deprivation of the rights, privileges, or immunities provided for in this section, shall be liable to the individual so deprived in an action at law or equity, or other proper proceeding for redress. (2) Attorney's fees.-- (A) In general.--If an individual asserts this section as a claim or defense, the court shall award to the prevailing party, as described in subparagraph (B), reasonable attorney's fees. (B) Prevailing party.--A prevailing party described in this subparagraph-- (i) includes a party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation; and (ii) does not include a State or political subdivision of a State, or an employee or representative of a State or political subdivision of a State. (g) Rule of Construction.--Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law.

Knife Owners' Protection Act of 2014 - Allows any individual who is not otherwise prohibited by federal law from possessing, transporting, shipping, or receiving a knife to transport a knife from any state or place where such individual may lawfully possess, carry, or transport such a knife to any other state or place where such individual may lawfully do so: (1) by motor vehicle if the knife is not directly accessible from the passenger compartment or is in a locked container, glove compartment, or console; or (2) by other means over land or through water or the air if the knife is in a locked container. Excludes the transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another person or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. Authorizes an individual transporting a knife in accordance with such requirements to have a knife accessible while staying in any form of temporary lodging. Allows an individual to carry a knife or tool that is designed for enabling escape in an emergency and that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts in the passenger compartment of a motor vehicle without being secured in a locked container, glove compartment, or console, except in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration (TSA). Establishes a cause of action by individuals subjected to deprivation of rights provided under this Act. Requires the court to award reasonable attorney's fees to the prevailing party if an individual asserts this Act as a claim or defense.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Bankruptcy Passenger Protection Act of 1993''. SEC. 2. REPORTING AND OTHER REQUIREMENTS. (a) In General.--Title IV of the Federal Aviation Act of 1958 (49 U.S.C. App. 1371-1389) is amended by adding at the end thereof the following new section: ``SEC. 420. BANKRUPTCY TRANSPORTATION PLANS. ``(a) Development.-- ``(1) Order.--Not later than 60 days after the date of the enactment of this section, the Secretary shall issue an order authorizing covered air carriers to develop a plan for providing air transportation for any person who holds an airline ticket for provision of such transportation by a covered air carrier who, after the date of purchase of such ticket, becomes a debtor in a case under title 11, United States Code. Such order shall also include an exemption in accordance with section 414. ``(2) Deadline for submission.--Any plan developed under paragraph (1) shall be submitted to the Secretary for approval within 180 days after the date of the enactment of this section. ``(b) Time Limit and Basis for Approval.--If a plan is submitted to the Secretary in accordance with subsection (a), the Secretary shall approve or disapprove such plan within 60 days after the date of such submission. If the Secretary determines that such plan will provide (or would provide if all covered air carriers participate in implementation of such plan) satisfactory protection for all persons who hold airline tickets described in subsection (a), the Secretary shall approve such plan. Otherwise, the Secretary shall disapprove such plan. ``(c) Implementation of Approved Plans.--If the Secretary approves a plan under this section, the Secretary shall issue an order requiring implementation of such plan by the covered air carriers who submitted such plan and any other covered air carriers. If there are any covered air carriers who did not participate in development of a plan approved under this section, such carriers shall be treated under such order and plan in the same manner as carriers who did participate in development of such plan. ``(d) Regulations.--If a plan described in subsection (a) is not submitted within 180 days after the date of the enactment of this section, or if the Secretary disapproves a plan submitted in accordance with subsection (a), or if the Secretary determines that a plan approved under this section is not being implemented in a manner which provides satisfactory protection for all persons who hold airline tickets described in subsection (a), the Secretary shall issue regulations requiring all covered air carriers to provide air transportation for persons who hold such tickets. Such regulations must be issued within 90 days after the expiration of such 180-day period, the date of disapproval of such plan, or the date of such determination, as the case may be. ``(e) Definitions.--For purposes of this section-- ``(1) Airline ticket.--The term `airline ticket' means any written instrument that embodies a contract of carriage between a covered air carrier and a passenger thereof for interstate or overseas air transportation. ``(2) Covered air carrier.--The term `covered air carrier' means-- ``(A) an air carrier which provides interstate or overseas air transportation primarily with aircraft having seating for more than 60 passengers and which in the 12-month period preceding the date of the enactment of this section, enplaned more than .2 percent of the total number of passengers enplaned on all aircraft used to provide interstate and overseas air transportation in such period; and ``(B) an air carrier not described in subparagraph (A) who enters into an agreement with an air carrier who is described in subparagraph (A) to operate under or use a single air carrier designator code to provide interstate or overseas air transportation, but only with respect to those operations of the carrier not described in subparagraph (A) which are carried out under such code. ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation.''. (b) Conforming Amendment to Table of Contents.--The table of contents in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the material relating to title IV the following: ``Sec. 420. Bankruptcy transportation plans. ``(a) Development. ``(b) Time limit and basis for approval. ``(c) Implementation of approved plans. ``(d) Regulations. ``(e) Definitions.''.

Airline Bankruptcy Passenger Protection Act of 1993 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.

SECTION 1. CERTAIN CHEMICALS AND CHEMICAL MIXTURES. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.09.61 Thiamethoxam (3- Free No change No change On or before 12/ ... [(2-chloro-5- 31/2008 thiazyl)methyl)-5- methyl-N-nitro- 1,3,5-oxadiazin-4- imine) (CAS No. 153719-23-4) (provided for in subheading 2934.10.90)...... 9902.09.62 Mixtures of Free No change No change On or before 12/ ... (<plus-minus>)-(c 31/2008 is and trans)-1- (2-(2,4- Dichlorophenyl)-4- propyl-1,3- dioxalan-2- yl)methyl)-1H-1,2 ,4-triazole (Propiconazole) (CAS No. 60207-90- 1), 3-iodo-2- propynyl butylcarbamate (CAS No. 55406-53- 6), and application adjuvants (provided for in subheading 6403.99.60)...... 9902.09.63 Mixtures of 4,6- Free No change No change On or before 12/ ... dimethyl-N-phenyl- 31/2008 2-pyrimidinamine (Pyrimethanil) (CAS No. 53112-28- 0), (<plus- minus>)-1-[2-(2,4- dichlorophenyl)-2- (2- propenyloxy)ethyl ]-1-H-imidazole (CAS No. 73790-28- 0) and application adjuvants (Philabuster 400SC) (the foregoing provided for in subheading 3808.20.15)...... 9902.09.64 (<plus-minus>)-3- Free No change No change On or before 12/ ... [2-[4-(6-Fluoro- 31/2008 1,2-benzisoxazol- 3-yl)-1- piperidinyl]ethyl ]-6,7,8,9- tetrahydro-9- hydroxy-2-methyl- 4H-pyrido[1,2- a]pyrimidin-4-one (CAS No. 144598- 75-4) (provided for under subheading 2934.99.30)...... 9902.09.65 3-Benzo[b]thien-2- Free No change No change On or before 12/ ... yl-5, 6-dihydro- 31/2008 1,4,2-oxathiazine 4-oxide (Bethoxazin) (CAS No. 163269-30-5) (provided for in subheading 2934.99.12)...... 9902.09.66 4-Bromo-2-(4- Free No change No change On or before 12/ ... chlorophenyl)-1- 31/2008 (ethoxymethyl)-5- (trifluoromethyl) -1H-pyrrole-3- carbonitrile (Chlorfenapyr) (CAS No. 122453- 73-0) (provided for in subheading 2933.99.17)...... 9902.09.67 2-(p- Free No change No change On or before 12/ ... Chlorophenyl)-3- 31/2008 cyano-4-bromo-5- trifluoromethylpy rrole (Econea 028) (CAS No. 122454-29-9) (provided for in subheading 2933.99.97)...... 9902.09.68 Mixtures of 4,6- Free No change No change On or before 12/ ''. dimethyl-N-phenyl- 31/2008 2-pyrimidinamine (Pyrimethanil) (CAS No. 53112-28- 0) and application adjuvants (provided for in subheading 3808.20.15)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2008, the duty on: (1) Thiamethoxam (3-[(2-chloro-5-thiazyl)methyl)-5-methyl-N-nitro-1,3,5-oxadiazin-4-imine); (2) mixtures of ()-(cis and trans)-1- (2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxalan-2-yl)methyl)-1H-1,2,4-triazole (Propiconazole), 3-iodo-2-propynyl butylcarbamate, and application adjuvants; (3) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil), ()-1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1-H-imidazole, and application adjuvants (Philabuster 400SC); (4) ()-3-[2-[4-(6-Fluoro-1,2-benzisoxazol-3-yl)-1-piperidinyl]ethyl]-6,7,8,9-tetrahydro-9-hydroxy-2-methyl-4H-pyrido[1,2-a]pyrimidin-4-one; (5) 3-Benzo[b]thien-2-yl-5, 6-dihydro-1,4,2-oxathiazine 4-oxide (Bethoxazin); (6) 4-Bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile (Chlorfenapyr); (7) 2-(p-Chlorophenyl)-3-cyano-4-bromo-5-trifluoromethylpyrrole (Econea 028); and (8) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working And Reacting (WAR) Against Meth Act of 2000''. SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHETAMINE. (a) Manufacture or Distribution of Substantial Quantities of Amphetamine.--Subparagraph (A) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) by striking ``or'' at the end of clause (vii); (2) by adding ``or'' at the end of clause (viii); and (3) by inserting after clause (viii) the following new clause: ``(ix) 50 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 500 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. (b) Manufacture or Distribution of Lesser Quantities of Amphetamine.--Subparagraph (B) of such section 401(b)(1) is amended-- (1) by striking ``or'' at the end of clause (vii); (2) by adding ``or'' at the end of clause (viii); and (3) by inserting after clause (viii) the following new clause: ``(ix) 5 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 50 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE. (a) Import or Export of Substantial Quantities of Amphetamine.-- Paragraph (1) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) 50 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 500 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. (b) Import or Export of Lesser Quantities of Amphetamine.-- Paragraph (2) of such section 1010(b) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) 5 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 50 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. SEC. 4. ENDANGERING HUMAN LIFE OR THE ENVIRONMENT WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCES. (a) Harm to the Environment.--(1) Section 417 of the Controlled Substances Act (21 U.S.C. 858) is amended by inserting ``or, if the controlled substance consists of methamphetamine, its salts, isomers, or salts of its isomers, or a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, the environment (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601))'' after ``to human life''. (2) The table of contents for that Act is amended in the item relating to section 417 by inserting ``or the environment'' after ``to human life''. (b) Enhanced Penalty for Establishment of Manufacturing Operation.--That section is further amended-- (1) by inserting ``(a)'' before ``Whoever''; (2) in subsection (a), as so designated-- (A) by inserting ``or violating section 416,'' after ``to do so,'' the first place it appears; and (B) by striking ``shall be fined'' and all that follows and inserting ``shall be imprisoned not more than 40 years, and, in addition, may be fined in accordance with title 18, United States Code.''; and (3) by adding at the end the following: ``(b) Any penalty under subsection (a) for a violation that is also a violation of section 416 shall be in addition to any penalty under section 416 for such violation.''. (c) Nature of Particular Conduct.--That section is further amended by adding at the end the following: ``(c) In any case where the conduct at issue is, relates to, or involves the manufacture of amphetamine or methamphetamine, such conduct shall, by itself, be rebuttably presumed to constitute the creation of a substantial risk of harm to human life or the environment within the meaning of subsection (a).''. SEC. 5. NATIONAL CENTER FOR METHAMPHETAMINE CLANDESTINE LABORATORY INFORMATION. (a) Establishment.--At the direction of the Attorney General, the El Paso Intelligence Center (hereinafter in this section referred to as ``EPIC'') and the Los Angeles County Regional Criminal Information Clearinghouse (hereinafter in this section referred to as the ``LA Clearinghouse'') shall jointly and in concert constitute the National Center for Methamphetamine Clandestine Laboratory Information. EPIC's National Clandestine Laboratory Seizure Intelligence database shall provide for the nationwide electronic reporting, capture, and retrieval of clandestine laboratory seizure information. This information shall be analyzed by the LA Clearinghouse, in concert and coordination with EPIC, and disseminated to appropriate law enforcement agencies in a timely manner. (b) Authorization.--There are authorized to be appropriated to carry out this section for fiscal year 2000 and each of the 4 succeeding fiscal years not to exceed $2,300,000.

(Sec. 4) Modifies CSA provisions regarding endangering human life while illegally manufacturing a controlled substance to: (1) set penalties for harm to the environment, if the controlled substance consists of methamphetamine; (2) provide for imprisonment for up to 40 years, as well as a possible fine, for violations; and (3) make any penalty under provisions regarding the establishment of controlled substance manufacturing operations in addition to any penalty under such provisions regarding harm to human life or to the environment. Specifies that in any case where the conduct at issue is, relates to, or involves the manufacture of amphetamine or methamphetamine, such conduct shall, by itself, be rebuttably presumed to constitute the creation of a substantial risk of harm to human life or to the environment. (Sec. 5) Provides that the El Paso Intelligence Center (EPIC) and the Los Angeles County Regional Criminal Information Clearinghouse (LA Clearinghouse), at the direction of the Attorney General, shall jointly and in concert constitute the National Center for Methamphetamine Clandestine Laboratory Information. Requires: (1) EPIC's National Clandestine Laboratory Seizure Intelligence database to provide for the nationwide electronic reporting, capture, and retrieval of clandestine laboratory seizure information; and (2) such information to be analyzed by the LA Clearinghouse, in concert and coordination with EPIC, and disseminated to appropriate law enforcement agencies in a timely manner. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Fellowship Act of 2006''. SEC. 2. CONGRESSIONAL FELLOWSHIPS. (a) In General.--The Secretary of the Senate and the Clerk of the House of Representatives shall establish a program to encourage the personal offices of Members of Congress, committee offices, and leadership offices to hire disabled veterans for temporary staff positions under the fellowship program established by this Act. (b) Employment of Fellows.--A disabled veteran congressional fellow hired under this Act shall be employed-- (1) at a level of responsibility commensurate with the abilities of the fellow; (2) at a level of compensation appropriate to the level of responsibility but not in excess of the level of compensation authorized for other comparable employees of the Senate and the House of Representatives; and (3) for not more than a 12-month period of time. SEC. 3. DEFINITIONS. In this Act: (1) Disabled veteran.--The term ``disabled veteran'' means a veteran with a service-connected disability (as defined in section 101 of title 38, United States Code) which was incurred or aggravated in the line of duty during Operation Iraqi Freedom or Operation Enduring Freedom or during such other operations as may be designated under regulations promulgated jointly by the Secretary of the Senate and the Clerk of the House of Representatives in consultation with the Secretary of Veterans Affairs. (2) Disabled veteran congressional fellow.--The term ``disabled veteran congressional fellow'' means a fellow in the office of a Member of the Senate or the House of Representatives or the office of a committee or joint committee of the Senate or the House of Representatives or leadership office of the Senate or the House of Representatives who is a disabled veteran. (3) Member of the house of representatives.--The term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress. SEC. 4. EXCLUSION OF DISABLED VETERAN CONGRESSIONAL FELLOW FROM BUDGET OF EMPLOYING OFFICE AND LIMITS ON NUMBER OF EMPLOYEES OF EMPLOYING OFFICE. (a) Treatment Under Office Budget.-- (1) Separate authorization of appropriations.--There are authorized to be appropriated for fiscal year 2007 and each succeeding fiscal year from the applicable accounts of the House of Representatives or the contingent fund of the Senate such amounts as may be necessary for the salaries and related expenses of disabled veteran congressional fellows during the fiscal year. (2) Exclusion of amounts appropriated from general budgets of employing offices.--To the extent that amounts are appropriated pursuant to this Act for the salary and related expenses of a disabled veteran congressional fellow for a fiscal year, such amounts shall not be paid from, and shall be excluded in determining the balance of-- (A) in the case of a disabled veteran congressional fellow of the office of a Member of the House of Representatives, the Member's Representational Allowance for that office for the year; and (B) in the case of a disabled veteran congressional fellow of any other office, any account of the Senate or the House of Representatives from which the salaries and related expenses of employees of the office is paid during the year. (b) Exclusion From Limits on Number of Positions.--A disabled veteran congressional fellow shall be excluded in determining the number of employees of the office which employs the fellow for purposes of-- (1) in the case of the office of a Member of the House of Representatives, section 104 of Public Law 104-186 (2 U.S.C. 92); and (2) in the case of any other office, any applicable provision of law or any rule or regulation which imposes a limit on the number of employees of the office. SEC. 5. RULES GOVERNING DISABLED VETERAN CONGRESSIONAL FELLOWS. (a) In General.--The Secretary of the Senate and the Clerk of the House of Representatives shall implement rules establishing fellowships for disabled veterans for service in the personal offices of Members of Congress, committee, offices, and leadership offices. (b) Content.--The rules promulgated by this section shall provide that the compensation of 1 disabled veteran fellow for each personal office or any Member of Congress and 1 disabled veteran fellow for each committee office and 1 disabled veteran fellow for each leadership office shall not count against the staff allowance of that Member of Congress, committee, or office. (c) Authorizations.--The Architect of the Capitol shall make whatever reasonable accommodation is necessary to provide access to disabled veteran fellows hired pursuant to the provisions of this Act. SEC. 6. COMPENSATION. Any compensation received by a disabled veteran pursuant to this Act shall not affect the benefits otherwise available to that disabled veteran under other provisions of law.

Disabled Veterans Fellowship Act of 2006 - Directs the Secretary of the Senate and the Clerk of the House of Representatives to establish a fellowship program to encourage offices of Members of Congress, committee offices, and leadership offices to hire disabled veterans for temporary office staff positions. Excludes such veterans from limits on the authorized number of positions for such offices.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Sacramento River National Recreation Area Establishment Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sacramento River National Recreation Area, California. Sec. 5. Purpose and management of recreation area. Sec. 6. Sacramento River National Recreation Area Advisory Council. Sec. 7. Recreational facilities. Sec. 8. Hunting and fishing. Sec. 9. Use of motorized vehicles. Sec. 10. Water rights exclusion. Sec. 11. Private property. Sec. 12. Grazing. Sec. 13. State and local jurisdiction. Sec. 14. Limitation on fees. Sec. 15. Activities outside recreation area. SEC. 2. FINDINGS. Congress finds the following: (1) Outdoors recreational opportunities available on public lands at the Sacramento River Bend Area in Northern California are abundant and diverse and have made these lands a destination point for the recreating public. (2) Statutory protection of the use and enjoyment of these lands is needed to ensure that they continue to be a source of enjoyment and inspiration for all Americans. SEC. 3. DEFINITIONS. In this Act: (1) Recreation area.--The term ``recreation area'' means the Sacramento River National Recreation Area established by this Act. (2) Advisory council.--The term ``advisory council'' means the Sacramento River National Recreation Area Advisory Council established by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the recreation area, as developed and implemented pursuant to this Act. (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Redding field office.--The term ``Redding Field Office'' means the Redding, California, Field Office of the Bureau of Land Management. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. SACRAMENTO RIVER NATIONAL RECREATION AREA, CALIFORNIA. (a) Establishment.--In order to preserve and enhance recreational opportunities on public lands described in subsection (b) and to promote local economic development through recreation involving these lands, there is hereby established the Sacramento River National Recreation Area. (b) Area.--The recreation area consists of approximately 17,000 acres of public lands adjacent to the Sacramento River, and between its tributaries of Battle Creek and Seven Mile Creek, in Tehama and Shasta Counties, California, as generally depicted on the map entitled ``Tehama County, California, Board of Supervisors Proposed Sacramento River NRA Boundary Map'' and dated December 1, 2006. (c) Legal Descriptions; Correction of Errors.-- (1) Preparation.--The Secretary of the Interior, in consultation with the advisory council, shall prepare a final map and legal descriptions of the boundaries of the recreation area. (2) Submission.--The map and legal descriptions shall be submitted to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate as soon as practicable, but in no event later than two years after the date of the enactment of this Act. (3) Legal effect.--The map and legal descriptions of the recreation area shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 5. PURPOSE AND MANAGEMENT OF RECREATION AREA. (a) Management Purposes.--The Secretary, acting through the Redding Field Office, shall manage the recreation area for the following purposes: (1) To enhance managed recreational opportunities, including hiking, camping, equestrian activities, mountain biking, picnicking, wildlife viewing, hunting, fishing, geo- caching, marksmanship, swimming, archery, rafting, canoeing, kayaking, and boating. (2) To promote local economic development through recreation. (b) Management Plan.-- (1) Development.--Not later than three years after the date of the enactment of this Act, the Secretary shall complete a management plan for the recreation area to further the management purposes specified in subsection (a). As provided in section 6, the Secretary shall utilize the Sacramento River National Recreation Area Advisory Council in the development of the management plan and in making any amendment to the management plan under paragraph (3). (2) Reporting requirement.--On an annual basis, the Secretary shall submit to the advisory council a report on the implementation of the management plan. As part of the report, the Secretary may suggest such amendments to the management plan as the Secretary considers necessary to further the management purposes. (3) Amendments.--The Secretary may make such amendments to the management plan as the Secretary considers necessary to further the management purposes. (c) Public Participation.--In the development and amendment of the management plan, the Secretary shall encourage and solicit participation of the public at large, including landowners in the vicinity of the recreation area, interested individuals, organizations, elected officials of local jurisdictions, and government agencies. SEC. 6. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL. (a) Establishment and Purpose.--There is established an advisory committee to be known as the ``Sacramento River National Recreation Area Advisory Council'' for the purpose of-- (1) ensuring public involvement in the management of the recreation area; (2) providing advice, guidance, and recommendations to the Secretary pertaining to the development, implementation, and amendment of the management plan; and (3) improving collaborative relationships among persons and entities interested in the management of the recreation area. (b) Composition of Council.--The advisory council shall consist of the following members: (1) The Governor of California or the designee of the Governor. (2) Three individuals who represent Tehama County, California, appointed by the Board of Supervisors of Tehama County. (3) One individual who represents Shasta County, California, appointed by the Board of Supervisors of Shasta County. (4) Five individuals who reside within the jurisdictional boundaries of the Redding Field Office and represent the recreation community, appointed as provided in paragraph (2). (5) One individual who represents the interests of private landowners in Bend, California, appointed as provided in paragraph (2). (6) One individual who represents the interests of agriculture in Tehama County, California, appointed as provided in paragraph (2). (7) One individual who resides within the jurisdictional boundaries of the Redding Field Office and represents the conservation community, appointed as provided in paragraph (2). (c) Terms.--Members of the advisory council appointed under subsection (b) shall serve a term of three 3 years and may be reappointed, except that-- (1) one-third of the members initially appointed shall be appointed for a term of one year; and (2) one-third of the members initially appointed shall be appointed for a term of two years. (d) Chairperson.--The members of the advisory council shall elect a chairperson. The chairperson shall serve a term of one year and may be reelected. (e) Consultation.--The Secretary shall consult with the advisory council on a periodic basis to discuss matters relating to the development and implementation of the management plan for the recreation area. (f) Meetings.--The advisory council shall meet at the pleasure of the Secretary, though it shall meet no fewer than four times annually while the management plan is being developed, unless such meetings are determined by a majority of members of the advisory council to be unnecessary. Meetings of the advisory council shall be open to the public, and the advisory council shall provide interested persons a reasonable opportunity at a meeting to comment on the management of the recreation area. The Secretary shall provide appropriate notice of the time, date, and location of each meeting of the advisory council. (g) Compensation.--Members of the advisory council shall serve without pay. (h) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory council. SEC. 7. RECREATIONAL FACILITIES. The Secretary may develop public recreational facilities to further the management purposes of the recreation area specified in section 5(a). Such facilities may include trails, restrooms, parking areas, road pullouts, signs, campgrounds, stream crossings, interpretive centers, and administrative facilities reasonably appurtenant to recreational facilities. SEC. 8. HUNTING AND FISHING. Nothing in this Act shall be construed-- (1) to require or authorize the Secretary to diminish or prohibit hunting and fishing in the recreation area; or (2) to authorize the Secretary to supercede State law as it pertains to hunting and fishing. SEC. 9. USE OF MOTORIZED VEHICLES. (a) Limited to Designated Roadways.--Except as provided in subsection (b), motorized vehicle use on lands within the boundaries of the recreation area shall be permitted only on designated roadways. (b) Exception.--Subsection (a) shall not apply to the use of motorized vehicles in the recreation area authorized by the Secretary-- (1) for maintenance or construction undertaken to further the management purposes of the recreation area specified in section 5(a); or (2) for emergency or other authorized administrative purposes. SEC. 10. WATER RIGHTS EXCLUSION. Nothing in this Act shall be construed as authorizing the Secretary to acquire water rights to further the purposes of this Act. SEC. 11. PRIVATE PROPERTY. (a) Access to Private Property.--The Secretary shall provide any owner of private property within the boundaries of the recreation area access to the property to ensure the use and enjoyment of the property by the owner. (b) Improvements to Private Property.--Nothing in this Act shall be construed as limiting or diminishing the rights of any owner of private property within or adjacent to the recreation area, or any owner of an easement or right of way over public lands included in the recreation area that is used to provide access to privately held land located within or adjacent to the boundaries of the recreation area, to undertake improvements or enhancements to such property to ensure the continued use and enjoyment thereof. SEC. 12. GRAZING. Nothing in this Act shall be construed to prohibit, limit, or restrict the grazing of livestock within the recreation area. SEC. 13. STATE AND LOCAL JURISDICTION. Nothing in this Act shall be construed to diminish, enlarge, or modify any right of the State of California or any political subdivision of the State, to carry out State or local laws, rules, and regulations within the boundaries of the recreation area for the purposes of ensuring public safety and the general welfare of the public. SEC. 14. LIMITATION ON FEES. The Secretary shall not charge any fee for same-day access to, or use of, the recreation area, unless a significant service is provided, as required by the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). SEC. 15. ACTIVITIES OUTSIDE RECREATION AREA. The establishment of the recreation area shall not be construed to-- (1) create a protective perimeter or buffer zone around the recreation area; or (2) preclude uses or activities outside the recreation area that are permitted under other applicable laws, even if the uses or activities are prohibited within the recreation area.

Sacramento River National Recreation Area Act of 2006 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a a management plan for such Area to: (1) enhance managed recreational opportunities, including hiking, camping, mountain biking, picnicking, wildlife viewing hunting, fishing, swimming, and boating; and (2) promote local economic development through recreation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``States' Education Reclamation Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Principles of federalism embodied in the Constitution of the United States entrust authority over issues of educational policy to the States and the people and a Federal Department of Education is inconsistent with such principles. (2) Tradition and experience dictate that the governance and management of schools in the United States are best performed by parents, teachers, and communities. (3) The education of the Nation's students is suffering under a managerial government. (4) The Department of Education has weakened the ability of parents to make essential decisions about their children's education and has undermined the capacity of communities to govern their schools. (5) In the 34 years of its existence, the Department of Education has grown from a budget of $14 billion to almost $65.7 billion in annual discretionary appropriations administering around 100 programs. Meanwhile, education performance for 17-year-olds has stagnated since 1971. (6) The Department of Education has fostered over- regulation, standardization, bureaucratization, and litigation in United States education. (7) The Department of Education expends large amounts of money on its own maintenance and overhead. While the average national salary for public school teachers is $56,103 the average salary for a Department of Education employee is $108,571. (8) In certain States, the average State salary for a public school teacher is less than the national average. In North Carolina, the average salary for a public school teacher is $45,737. (9) Recent tests reflect poor results in mathematics, science, and reading for American students compared with students from other nations. (10) Only through initiatives led by parents and local communities with the power to act can the United States elevate educational performance toward an acceptable level. (11) The current system of top-down education uniformity is detrimental to local businesses and communities, the economic needs of the States, and the Nation's ability to compete globally for jobs. (12) The Department of Education has been hostile to many promising reforms, including reforms that would empower parents, teachers, and local communities. The United States, once a laboratory of innovation through the experiments of the States, is moving toward education standardization that does not consider the individual educational needs of our diverse population of students. SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. The Department of Education is abolished, and, with the exception of the programs transferred under section 7, any program for which the Secretary of Education or the Department of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law is repealed, including each program under the following: (1) The Department of Education Organization Act (20 U.S.C. 3401 et seq.). (2) The General Education Provisions Act (20 U.S.C. 1221 et seq.). SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR POSTSECONDARY EDUCATION PROGRAMS. (a) In General.--Subject to the requirements of this Act, each State is entitled to receive from the Secretary of the Treasury, by not later than July 1 of the preceding fiscal year-- (1) a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal elementary school and secondary school programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7); and (2) a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal postsecondary education programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7). (b) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2016 through 2024, such sums as are necessary for grants under subsection (a). (c) Requirements Relating to Intergovernmental Financing.--The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) Expenditure of Funds.--Amounts received by a State under this section for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (e) Use of Funds.--Funds made available to a State-- (1) under subsection (a)(1), shall be used by the State for any elementary or secondary education purpose permitted by State law, including increases in teacher salaries; and (2) under subsection (a)(2), shall be used by the State for any postsecondary education purpose permitted by State law. (f) Supplement, Not Supplant.--A grant received under subsection (a) shall only be used to supplement the amount of funds that would, in the absence of such grant, be made available from non-Federal sources for elementary school and secondary school programs or postsecondary education programs, and not to supplant those funds. SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. (a) Audits.-- (1) Contract with approved auditing entity.--Not later than October 1, 2015, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement.--Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under section 4, with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with section 4. (3) Entity conducting audit.-- (A) In general.--With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity.--For purposes of this section, the term ``approved auditing entity'' means, with respect to a State, an entity that is-- (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit.--Not later than April 30, 2016, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (b) Reimbursement and Penalty.--If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of subsection (d) or (e) of section 4, the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 4 as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this Act. (c) Annual Reporting Requirements.-- (1) In general.--Not later than January 31, 2016, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under section 4 for such fiscal year. (2) Content.--A report under paragraph (1) shall, with respect to a fiscal year-- (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under section 4; and (C) be in such form and contain such other information as the State determines is necessary to provide-- (i) an accurate description of the activities conducted by the State for the purpose described under section 4; and (ii) a complete record of the purposes for which amounts were expended in accordance with this section. (3) Public availability.--A State shall make copies of the reports required under this section available on a public website and shall make copies available in other formats upon request. (d) Failure to Comply With Requirements.--The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 4-- (1) if an audit for a State is not submitted as required under subsection (a) during the period between the date such audit is due and the date on which such audit is submitted; (2) if a State fails to submit a report as required under subsection (c) during the period between the date such report is due and the date on which such report is submitted; or (3) if a State violates a requirement of section 4 during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State. (e) Administrative Supervision and Oversight.-- (1) Limited role for secretary of the treasury.--The authority of the Secretary of the Treasury under this Act is limited to-- (A) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d); (B) making payments to the States under grants under section 4; (C) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a); (D) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (E) exercising the authority relating to nondiscrimination that is specified in section 6(b). (2) Limited role for attorney general.--The authority of the Attorney General to supervise the amounts received by a State under section 4 is limited to the authority under section 6(b). (f) Reservation of State Powers.--Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under section 4. SEC. 6. NONDISCRIMINATION PROVISIONS. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under section 4 on the basis of such individual's-- (1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance.-- (1) In general.--If the Attorney General determines that a State or an entity that has received funds from amounts paid to a State under a grant under section 4 has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) Enforcement.--If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Attorney General may-- (A) institute an appropriate civil action; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS. (a) Transfer of Certain Programs.--Not later than 24 months after the date of the enactment of this Act-- (1) each job training program under the jurisdiction of the Department of Education, including the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) shall be transferred to the Department of Labor; (2) each special education grant program under the Individuals with Disabilities Education Act (20 U.S.C. 1460 et seq.) shall be transferred to the Department of Health and Human Services; (3) each Indian education program under the jurisdiction of the Department of Education shall be transferred to the Department of the Interior; (4) each Impact Aid program under title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be transferred to the Department of Defense; (5) the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), shall be transferred to the Department of the Treasury; (6) each Federal student loan program under the jurisdiction of the Department of Education shall be transferred to the Department of the Treasury; (7) each program under the jurisdiction of the Institute of Education Sciences shall be transferred to the Department of Health and Human Services; and (8) each program under the jurisdiction of the D.C. Opportunity Scholarship Program shall be transferred to the Department of Health and Human Services. (b) Limitation on Transfer of Certain Programs.--The transfer of programs pursuant to subsection (a) is limited to only the transfer of administrative responsibility as provided by law or the delegation of authority pursuant to law and does not extend to the transfer of personnel employed by the Department of Education to carry out such programs. SEC. 8. GAO REPORT. Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate report, which shall include-- (1) a review and evaluation as to the feasibility of enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs; and (2) an evaluation of the feasibility of the successor Federal agencies for maintaining the programs to be transferred under section 7. SEC. 9. PLAN FOR CLOSURE OF THE DEPARTMENT OF EDUCATION. Not later than 365 days after the date of the enactment of this Act, the President shall submit to the Congress a plan to implement closure of the Department of Education in accordance with this Act. SEC. 10. DEFINITIONS. In this Act: (1) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 9101). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1002). (3) State.--The term ``State'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

States' Education Reclamation Act of 2015 This bill abolishes the Department of Education (ED) and repeals any program for which it or the Secretary of Education has administrative responsibility. The Department of the Treasury (Treasury) shall provide grants to states, for FY2016-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. The level of funding is set at the amount provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. States must contract for an annual audit of their expenditures or transfers of grant funds. Program administrative responsibility and delegation of authority are transferred as follows: ED's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); ED's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense; the Federal Pell Grant program and each federal student loan program to Treasury; and programs under the jurisdiction of the Institute of Education Sciences or the D.C. Opportunity Scholarship Program to HHS.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act'' or the ``SES TRUST Act''. SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEMBERS OF THE SENIOR EXECUTIVE SERVICE. (a) In General.--Section 5383 of title 5, United States Code, is amended by striking subsection (a) and inserting the following-- ``(a)(1) With respect to each Senior Executive Service position within the applicable agency, the appointing authority shall determine from time to time the annual rate of basic pay for each such position, consistent with the applicable limitations on rates of pay provided in section 5382. ``(2) Any individual appointed to a Senior Executive Service position shall receive the annual rate of basic pay applicable to such position, as determined by the appointing authority under paragraph (1). ``(3) Notwithstanding any other provision of law, rule, or regulation, and except as provided in paragraph (4), any senior executive at an agency who transfers or otherwise moves to a Senior Executive Service position at any other agency shall receive the annual rate of basic pay applicable to such position, as determined by the applicable appointing authority under paragraph (1). ``(4) Notwithstanding any other provision of law, rule, or regulation, and except as provided in paragraph (4), any senior executive at an agency who transfers or otherwise moves to any other Senior Executive Service position within the agency, such executive shall, beginning on the first day of the first pay period beginning after the date that the executive first occupies such other position, receive the annual rate of pay applicable to such other position. ``(5)(A) Not later than 30 days after the date that a senior executive is reassigned under section 3395 to any other Senior Executive Service position, the Director of the Office of Personnel Management shall review such reassignment decision to ensure that the decision was not based on any impermissible reason. ``(B) If the Director determines that the reassignment was based on any impermissible reason, and the rate of basic pay applicable to such other position (as determined under subsection (a)(1)) is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of basic pay. ``(C) In this paragraph, the term `impermissible reason' includes any reason other than performance of the senior executive or interests in the efficiency of the Senior Executive Service.''. (b) Conforming Amendments.--Title 5, United States Code, is amended-- (1) in section 5382, by striking subsection (c); (2) in section 5383(c), by inserting ``and the requirements of section 5383(a)'' after ``section 5385''; (3) in section 5383(d), by adding at the end after the period the following: ``The preceding sentence shall not apply in the case of any senior executive subject to the requirements of section 5383(a)(3).''. (c) Effective Date.--The Director of the Office of Personnel Management shall promulgate regulations to carry out the review required by section 5383(a)(4) of title 5, United States Code (as added by subsection (a)), not later than the date that is one year after the date of enactment of this Act. (d) Application.--Notwithstanding any other provision of law, rule, or regulation, each individual occupying a Senior Executive Service position (as that term is defined in section 3132(a)(2) of title 5, United States Code) on the date of enactment of this Act shall, beginning on the first day of the first pay period beginning after the date that the applicable appointing authority makes the determination under section 5383(a) of title 5, United States Code (as amended by subsection (a)), receive the rate of pay applicable to such position, as determined by the appointing authority under such section. SEC. 3. SEMIANNUAL REPORTS ON TRANSFERS OF SENIOR EXECUTIVES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Semiannual Reports.--On a semiannual basis, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on covered senior executives who transfer from one senior executive position in the Department of Veterans Affairs to another senior executive position in the Department during the period covered by the report. (b) Matters Included.--Each report under subsection (a) shall include, with respect to each covered senior executive who transfers from one senior executive position in the Department to another senior executive position in the Department during the period covered by the report, the following: (1) The name of the covered senior executive. (2) A description of the senior executive position from which the covered senior executive transferred, including the annual rate of basic pay received by the covered senior executive in such position. (3) A description of the senior executive position to which the covered senior executive transferred, including the annual rate of basic pay received by the covered senior executive in such position. (4) A description of the purpose of the transfer. (5) Justification for any increase or decrease in the annual rate of basic pay received by the covered senior executive by reason of such transfer. (6) Information regarding any relocation expenses and any incentives provided to the covered senior executive as part of such transfer. (c) Definitions.--In this section: (1) The term ``covered senior executive'' means an individual (as such term is defined in section 713(g)(1) of title 38, United States Code). (2) The term ``senior executive position'' has the meaning given that term in section 713(g)(3) of title 38, United States Code.

Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act or the SES TRUST Act This bill directs the appointing authority for each agency to periodically determine the annual rate of basic pay for each Senior Executive Service (SES) position within such agency. Any senior executive who transfers or otherwise moves to an SES position with the same or any other agency shall receive the rate of pay applicable to that position. The Office of Personnel Management (OPM) must review any decision to reassign a senior executive to another SES position, within 30 days after such reassignment, to ensure that the decision was not based on an impermissible reason (defined as any reason other than performance of the senior executive or interests in the efficiency of the SES). If OPM determines that the reassignment was based on an impermissible reason, and the rate of basic pay applicable to such other position is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of pay. The bill requires the Department of Veterans Affairs (VA) to submit, semiannually, a report on covered senior executives who transfer from one SES position to another within the VA, including a justification for any increase or decrease in pay, and information on any incentives or relocation expenses, received by such person.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Community Service Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins to commemorate students who volunteer to perform community service, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins issued 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 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of community services provided by student volunteers. (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 ``1996''; 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 authorized by this Act shall be-- (1) selected by the Secretary after consultation with the National Community Service Trust and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin 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.--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 shall issue coins minted under this Act for a period of not less than 6 months and not more than 12 months, beginning no later than August 1, 1996. 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 subsection (c) 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. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--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 Community Service Trust for the purpose of funding innovative community service programs at American universities, including the service, research, and teaching activities of faculty and students involved in such programs. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Community Service Trust as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service. Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant and Toddler Durable Product Safety Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. (2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. (3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. (4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units. SEC. 3. PURPOSE. The purpose of this Act is to prevent dangerous children's products from getting to the market, by requiring independent testing of all durable infant and toddler products before they enter commerce. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Durable infant or toddler product.--The term ``durable infant or toddler product''-- (A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) car seats; (iv) high chairs, booster chairs, and hook- on chairs; (v) bath seats; (vi) gates and other enclosures for confining a child; (vii) play yards; (viii) stationary activity centers; (ix) child carriers; (x) strollers; (xi) walkers; (xii) swings; and (xiii) bassinets and cradles. (3) Panel.--The term ``Panel'' means the Infant and Toddler Product Review Panel established under section 7. SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND TODDLER PRODUCTS. (a) In General.--The Consumer Products Safety Commission shall, without regard to sections 7(b)(1) and 9(f)(3)(D) of the Consumer Product Safety Act (15 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) for each durable infant or toddler product. (b) Schedule.--The Commission shall promulgate consumer product safety standards under this section-- (1) for at least 7 durable infant or toddler products every 2 calendar years beginning after the date of the enactment of this Act, through 2012; and (2) for all durable infant or toddler products by not later than December 31, 2012. (c) Consultation With Panel.--The Commission shall promulgate any consumer product safety standard under this section for a durable infant or toddler product-- (1) in consultation with the Panel; and (2) after considering the results of a review by such panel of any existing guidelines for that product. SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION. (a) In General.--The Commission shall by rule-- (1) require that testing and certification required under section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for a durable infant or toddler product shall be performed by an independent third party; and (2) require the use, and prescribe the form and content, of a label under section 14(c) for such products for which such a certificate is issued, including a seal prescribed under subsection (b). (b) Consultation With Panel.--The Commission shall delegate to the Panel the authority to prescribe a seal that shall be used, under the labeling requirements under subsection (a)(2), for infant or toddler products that are certified pursuant to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable consumer product safety standards promulgated under this Act. SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL. (a) Establishment.--The Commission shall establish an Infant and Toddler Product Review Panel to advise the Commission regarding the implementation of this Act. (b) Functions.--The Panel shall-- (1) review and report to the Commission regarding the existing guidelines for durable infant or toddler products; and (2) advise the Commission regarding the promulgation of consumer product safety standards under this Act. (c) Membership.-- (1) In general.--The Panel shall be comprised of-- (A) representatives of-- (i) the juvenile product manufacturers industry; (ii) consumer groups; and (iii) independent child product engineers and experts; and (B) Consumer Product Safety Commission engineers. (2) Limitation.--Representatives under paragraph (1)(A)(i) shall not exceed 40 percent of the membership of the Panel. SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT. (a) Removal of Limitation on Maximum Civil Penalty.--Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended-- (1) in the second sentence by striking ``Subject to paragraph (2),'' and inserting ``Subject to paragraphs (2) and (3),''; and (2) by adding at the end the following: ``(4) The second sentence of paragraph (1) shall not apply to any violation with respect to a durable infant or toddler product.''. (b) Requirements Regarding Disclosure of Information not Applicable.--Section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) is amended by adding at the end the following: ``(9) This subsection shall not apply with respect to any durable infant or toddler product.''. (c) Definition of Durable Infant or Toddler Product.--Section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by adding at the end the following: ``(15) The term `durable infant or toddler product' has the meaning that term has in the Infant and Toddler Product Safety Act.''.

Infant and Toddler Durable Product Safety Act - Instructs the Consumer Product Safety Commission (CPSC) to: (1) promulgate a consumer product safety standard for durable infant or toddler products; and (2) establish an Infant and Toddler Product Review Panel to advise the CPSC on guidelines and standards for such products. Amends the Consumer Product Safety Act to declare the limitation on maximum civil penalties inapplicable to this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Access in Fire Emergencies Act of 2006''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The United States Fire Administration (USFA) of the Department of Homeland Security encourages prevention, fire sprinklers, smoke detectors, and planned escape routes as main goals of avoiding casualties in residential and commercial fires. (2) Window bars are most prevalent in low-income areas and high crime areas, where other security risks often overshadow fire safety standards. (3) According to the USFA, children, the elderly, persons who are mobility-impaired, and firefighters are especially vulnerable to fatalities or injuries involving residential window bars. (4) Persons have died in residential fires as a result of being trapped by window bars in at least 14 States, including Alabama, Arizona, California, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, New Jersey, Oklahoma, Pennsylvania, Tennessee, and Texas. (5) Some States, including Mississippi, California, Texas, and, most recently, Oklahoma, have established safety standards for window bars. (6) On June 12, 2005, five children were killed in a house fire in Philadelphia, Pennsylvania, when their escape was prevented by ground-level, residential window bars. (7) Collecting information on a national basis regarding the risks and casualties caused by window bar entrapment during residential fires will help in raising public awareness of such risks and casualties. SEC. 3. DEFINITION OF WINDOW BARS. For purposes of this Act, the term ``window bars'' means any metal or other bars, grills, grates, heavy-duty screens, glazing, or other barriers that are designed-- (1) to cover exterior and interior escape windows in residential dwelling units; and (2) to deter any physical security threats to the home, including threats from burglars. Such term does not include any such barriers that (A) protect children from falling from open windows in upper floors of buildings, and (B) protect nonresidential or commercial properties. SEC. 4. SAFETY STANDARD FOR WINDOW BARS. (a) Rulemaking Required.--The Consumer Products Safety Commission (in this Act referred to as the ``Commission'') shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this Act to establish a consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) for window bars, except that the Commission may extend such 90-day period for good cause. Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final rule establishing such consumer product safety standard within 12 months after the date on which the rulemaking pursuant to this subsection is initiated, except that the Commission may extend such 12- month period for good cause. Such consumer product safety standard shall take effect upon the expiration of the 6-month period beginning on the date on which the final rule establishing such standard is promulgated. (b) Releasing System Requirement.--The standard established pursuant to subsection (a) shall-- (1) require all window bars that are manufactured or installed in the United States to incorporate releasing systems that meet the minimum standards under subsection (c); and (2) address releasing systems for interior- and exterior- based window bars. (c) Minimum Standards for Releasing Systems.--The minimum standards under this subsection for releasing systems for window bars shall require that such systems-- (1) when actuated, can move such bars and provide egress to occupants of residential dwelling units equipped with such bars; and (2) at a minimum, can be actuated manually from the interior of a residential dwelling unit and provide escape through the protected opening. (d) Consultation.--In developing the standard pursuant to subsection (a), the Commission shall consult with experts, including manufacturers of window bars, housing and building codes authorities, and representatives of the United States Fire Administration, the National Fire Protection Association, Underwriters Laboratories, Inc., officials in States that have in effect window bar safety standards, and other similar public safety-related organizations. (e) Enforcement.--Compliance with the consumer product safety standard established pursuant to this section shall be enforced under the Consumer Product Safety Act. SEC. 5. LABELING REQUIREMENT. The Consumer Products Safety Commission shall require each manufacturer selling, or offering for sale, in the United States, any window bars to include in the packaging for the window bars a written statement clearly explaining how the window bars are to be configured and installed and the inclusion and operation of the releasing system incorporated pursuant to section 4(b). SEC. 6. FEDERALLY ASSISTED HOUSING. It is the sense of the Congress that all public housing dwelling units, all dwelling units assisted under section 8 of the United States Housing Act of 1937, all manufactured housing units, and all homes purchased using any loan made, insured, or guaranteed under the National Housing Act or title 38, United States Code, should meet a minimal standard for use of window bars that requires such bars to incorporate an emergency releasing system. SEC. 7. PROVISION OF DATA. The Commission shall establish and maintain a National Electronic Injury Surveillance System (NEISS) code and system for collection of information and statistics on casualties associated with window bars. SEC. 8. NO EFFECT ON STATE LAW. Notwithstanding section 26 of the Consumer Product Safety Act (15 U.S.C. 2075), this Act may not be construed to annul, alter, impair, affect, or exempt any person subject to the provisions of this Act from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. A provision of State law may not be considered to be inconsistent with this Act if such provision applies more stringent requirements with respect to window bar releasing systems than is afforded by this Act. SEC. 9. NOTICE. The Commission shall promptly, upon the enactment of this Act, take such actions as may be appropriate to inform all manufacturers of window bars distributed in interstate commerce or installed within the United States of the provisions of this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission for carrying out this Act such sums as may be necessary for each of fiscal years 2007 through 2011.

Safe Access in Fire Emergencies Act of 2006 - Requires the Consumer Products Safety Commission to establish a consumer product safety standard for window bars that: (1) requires all window bars manufactured or installed in the United States to incorporate releasing systems that meet minimum standards; and (2) addresses such systems for interior and exterior based bars. Provides that the minimum standards shall require that such systems provide for: (1) egress when actuated; and (2) manual activation from inside a residence allowing escape through a protected opening. Requires compliance enforcement under the Consumer Products Safety Act. Directs the Commission to require each manufacturer to include in the packaging a statement explaining window bar installation and releasing system operation. Expresses the sense of the Congress that public housing, low-income housing, manufactured housing units, and homes purchased using any loan made, insured, or guaranteed under the National Housing Act should meet a minimal standard that requires window bars to incorporate an emergency releasing system. Requires the Commission to establish and maintain a National Electronic Injury Surveillance System code and system for collection of information and statistics on casualties associated with window bars.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Housing and Urban Development Elimination Act of 1995''. TITLE I--ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SEC. 101. ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (a) Elimination.--The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is hereby repealed. (b) Effective Date.--Subsection (a) shall take effect on January 1, 1998. SEC. 102. DUTIES OF THE SECRETARY. (a) In General.--Notwithstanding any other provision of law, prior to January 1, 1998, the Secretary of Housing and Urban Development (hereafter in this title referred to as the ``Secretary'') shall take such actions as may be necessary to-- (1) consolidate the programs administered by the Department of Housing and Urban Development into a block grant program; (2) convert all funding for public and assisted housing under the United States Housing Act of 1937 to tenant-based rental assistance; (3) convert the Federal Housing Administration into a government-controlled corporation, which would provide mortgage insurance only to low- and moderate-income persons under risk- sharing agreements with private mortgage insurers; and (4) otherwise provide for the complete elimination of the Department of Housing and Urban Development pursuant to section 101. (b) Submissions to Congress.-- (1) Strategic plan.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Congress a plan to carry out subsection (a), which shall include any recommendations for-- (A) legislation necessary to carry out subsection (a); (B) transfers of functions and activities, including all existing obligations to other existing or successor Federal or State agencies. (2) Privatization of fha.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Congress a report which shall include-- (A) recommendations and a strategic plan for the complete privatization of the Federal Housing Administration; and (B) a description of the projected cost savings to the Federal Government that would be achieved through the complete privatization of the Federal Housing Administration. SEC. 103. CONGRESSIONAL BUDGET OFFICE RECOMMENDATIONS. Not later than 180 days after the date of enactment of this Act, the Director of the Congressional Budget Office shall submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a list of recommendations for minimizing the cost of Federal housing and community development programs through the elimination of the Department of Housing and Urban Development. SEC. 104. GAO REPORT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report which shall include recommendations for the most efficient means of achieving-- (1) the complete elimination of the Department of Housing and Urban Development; and (2) the transfer of the functions of the Department of Housing and Urban Development to other existing or successor Federal or State agencies. TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS SEC. 201. DEFINITIONS. For purposes of this title, unless otherwise provided or indicated by the context-- (1) the term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code; (2) the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. SEC. 202. TRANSFER OF FUNCTIONS. There are transferred to the Department of Justice all functions which the Secretary of Housing and Urban Development exercised before the date of the enactment of this title (including all related functions of any officer or employee of the Department of Housing and Urban Development) relating to the Fair Housing Act or the rights granted under the Fair Housing Act. SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET. If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under section 202. SEC. 204. PERSONNEL PROVISIONS. (a) Appointments.--The Attorney General may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b) Experts and Consultants.--The Attorney General may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Attorney General may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. SEC. 205. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this title, the Attorney General may delegate any of the functions transferred to the Attorney General by this title and any function transferred or granted to such Attorney General after the effective date of this title to such officers and employees of the Department of Justice as the Attorney General may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Attorney General under this section or under any other provision of this title shall relieve such Attorney General of responsibility for the administration of such functions. SEC. 206. REORGANIZATION. The Attorney General is authorized to allocate or reallocate any function transferred under section 202 among the officers of the Department of Justice, and to establish, consolidate, alter, or discontinue such organizational entities in the Department of Justice as may be necessary or appropriate. SEC. 207. RULES. The Attorney General is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Attorney General determines necessary or appropriate to administer and manage the functions of Department of Justice. SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Department of Justice. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 209. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 210. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. (b) Executive Schedule Positions.--Except as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department of Justice to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (c) Termination of Certain Positions.--Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this title, shall terminate on the effective date of this title. SEC. 211. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of Housing and Urban Development at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits Not Affected.--The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Housing and Urban Development, or by or against any individual in the official capacity of such individual as an officer of the Department of Housing and Urban Development, shall abate by reason of the enactment of this title. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Department of Housing and Urban Development relating to a function transferred under this title may be continued by the Department of Justice with the same effect as if this title had not been enacted. SEC. 212. SEPARABILITY. If a provision of this title or its application to any person or circumstance is held invalid, neither the remainder of this title nor the application of the provision to other persons or circumstances shall be affected. SEC. 213. TRANSITION. The Attorney General is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Department of Housing and Urban Development with respect to functions transferred to the Department of Justice by this title; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this title. SEC. 214. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Secretary of Housing and Urban Development with regard to functions transferred under section 202, shall be deemed to refer to the Attorney General; and (2) the Department of Housing and Urban Development with regard to functions transferred under section 202, shall be deemed to refer to the Department of Justice. SEC. 215. ADDITIONAL CONFORMING AMENDMENTS. (a) Recommended Legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Attorney General shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this title. (b) Submission to the Congress.--No later than 6 months after the effective date of this title, the Attorney General shall submit the recommended legislation referred to under subsection (a). SEC. 216. EFFECTIVE DATE. This title shall take effect 180 days after the date of enactment of this Act.

TABLE OF CONTENTS: Title I: Elimination of Department of Housing and Urban Development Title II: Transfer of Functions and Savings Provisions Department of Housing and Urban Development Elimination Act of 1995 - Title I: Elimination of Department of Housing and Urban Development - Eliminates the Department of Housing and Urban Development. Title II: Transfer of Functions and Savings Provisions - Transfers all functions of the Secretary of Housing and Urban Development relating to the Fair Housing Act to the Department of Justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration and Technology Act of 2013''. SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Geothermal Investment Fund established under subsection (h). (2) Program.--The term ``program'' means the direct loan program for high risk geothermal exploration wells established under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a direct loan program for high risk geothermal exploration wells. (c) Applications.--An applicant that seeks to receive a loan under the program may submit to the Secretary an application for the loan at such time, in such form, and containing such information as the Secretary may prescribe. (d) Project Criteria.-- (1) In general.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall consider-- (A) the potential for unproven geothermal resources that would be explored and developed under a project; (B) the expertise and experience of an applicant in developing geothermal resources; and (C) the importance of the project in meeting the goals of the Department of Energy. (2) Preference.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall provide a preference for projects likely to lead to successful new geothermal development leading to electricity production. (e) Data Sharing.--Data from all exploratory wells that are carried out under the program shall be provided to the Secretary and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including-- (1) subsurface geologic data; (2) metadata; (3) borehole temperature data; and (4) inclusion in the National Geothermal Data System of the Department of Energy. (f) Administration.-- (1) Cost share.-- (A) In general.--The Secretary shall determine the cost share for a loan made under this section. (B) Higher risks.--The Secretary may base the cost share percentage for loans made under this section on a sliding scale, with higher Federal shares awarded to projects with higher risks. (2) Number of wells.--The Secretary shall determine the number of wells for each selected geothermal project for which a loan may be made under this section. (3) Unproductive projects.--The Secretary may grant further delays or dispense with the repayment obligation on a demonstration that a selected geothermal project is unproductive. (g) Loan Repayment.-- (1) Commencement.--The recipient of a loan made under this section for a geothermal facility shall commence repayment of the loan beginning on the earlier of-- (A) the date that is 4 years after the date the loan is made; or (B) the date on which the geothermal facility enters into commercial production. (2) Term.-- (A) In general.--Except as provided in subparagraph (B), the term of a loan made under this section shall be 4 years beginning on the applicable loan repayment commencement date under paragraph (1). (B) Extension.--The Secretary may extend the term of a loan under this section for not more than 4 years. (3) Use of loan repayments.--Amounts repaid on loans made under this section shall be deposited in the Fund. (h) Geothermal Investment Fund.-- (1) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the ``Geothermal Investment Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out this section. (2) Transfers to fund.--The Fund shall consist of-- (A) such amounts as are appropriated to the Fund under subsection (j); and (B) amounts repaid on loans under subsection (g)(3). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary of Energy shall submit to the the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. (i) Guidelines.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for the implementation of the program. (2) Administration.--The guidelines shall-- (A) specify-- (i) the terms and conditions that would require a higher or lower level of cost sharing under this section; (ii) the conditions under which the Secretary will allow loan modifications or forgiveness in cases in which a well cannot be used for production or injection; and (iii) the information necessary to provide a loan applicant with certainty about application of subsection (f), including the level of cost and risk that the applicant and the Secretary will assume; and (B) require that-- (i) loans be provided under this section only after the developer has committed the share of the developer for expenditures for drilling costs; and (ii) loans for successful wells shall be repaid by the developer within a 10-year period. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2013 through 2022. SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY. Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following: ``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. ``(a) Findings.--Congress finds that-- ``(1) the Geothermal Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department has included a focus on direct use of geothermal energy in the low- temperature geothermal energy subprogram (including in the development of a research and development plan for the program); ``(2) the Building Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department-- ``(A) is focused on the energy demand and energy efficiency of buildings; and ``(B) includes geothermal heat pumps as a component technology in the residential and commercial deployment activities of the program; and ``(3) geothermal heat pumps and direct use of geothermal energy, especially in large-scale applications, can make a significant contribution to the use of renewable energy but are underrepresented in research, development, demonstration, and commercialization. ``(b) Purposes.--The purposes of this section are-- ``(1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and ``(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. ``(c) Definitions.--In this section: ``(1) Direct use of geothermal energy.--The term `direct use of geothermal energy' means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide-- ``(A) heating to buildings; or ``(B) heat required for industrial processes, agriculture, aquaculture, and other facilities. ``(2) Geothermal heat pump.--The term `geothermal heat pump' means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- ``(A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and antifreeze; or ``(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. ``(3) Large-scale application.--The term `large-scale application' means an application for space or process heating or cooling for large entities with a name-plate capacity, expected resource, or rating of 10 or more megawatts, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. ``(4) Secretary.--The term `Secretary' means Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. ``(d) Program.-- ``(1) In general.--The Secretary shall establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. ``(2) Areas.--The program may include research, development, demonstration, and commercial application of-- ``(A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; ``(B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; ``(C) geothermal ground loop installation cost reduction through-- ``(i) improved drilling methods; ``(ii) improvements in drilling equipment; ``(iii) improvements in design methodology and energy analysis procedures; and ``(iv) improved methods for determination of ground thermal properties and ground temperatures; ``(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; ``(E) using gray or black wastewater as a method of heat exchange; ``(F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; ``(G) advanced geothermal systems using variable pumping rates to increase efficiency; ``(H) geothermal heat pump efficiency improvements; ``(I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; ``(J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; ``(K) geothermal system integration with solar thermal water heating or cool roofs and solar- regenerated desiccants to balance loads and use building hot water to store geothermal energy; ``(L) use of hot water coproduced from oil and gas recovery; ``(M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; ``(N) system integration of direct use with geothermal electricity production; and ``(O) coproduction of heat and power, including on- site use. ``(3) Environmental impacts.--In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). ``(e) Grants.-- ``(1) In general.--The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. ``(3) National solicitation.--Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. ``(f) Reports.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. ``(2) Areas.--Each of the reports required under this subsection shall include-- ``(A) an analysis of progress made in each of the areas described in subsection (d)(2); and ``(B)(i) a description of any relevant recommendations made during a review of the program; and ``(ii) any plans to address the recommendations under clause (i). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2013 through 2017.''. SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Land subject to oil and gas lease.--Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for leasing under subsection (c) by the holder of the oil and gas lease-- ``(A) on a determination that-- ``(i) geothermal energy will be produced from a well producing or capable of producing oil and gas; and ``(ii) the public interest will be served by the issuance of such a lease; and ``(B) in order to provide for the coproduction of geothermal energy with oil and gas.''.

Geothermal Exploration and Technology Act of 2013 - Requires the Secretary of Energy (DOE) to: (1) establish a direct loan program for high risk geothermal exploration wells, and (2) give preference to loans to carry out projects that are likely to lead to successful new geothermal development leading to electricity production. Requires data from exploratory wells to be provided to the DOE Secretary (Secretary) and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including subsurface geologic data, metadata, borehole temperature data, and inclusion in DOE's National Geothermal Data System. Requires the Secretary to determine the number of wells for each selected geothermal project for which a loan may be made. Requires: (1) a recipient to commence repayment of the loan beginning on the earlier of four years after the loan is made or when the geothermal facility enters into commercial production, and (2) loans for successful wells to be repaid by the developer within 10 years. Establishes the Geothermal Investment Fund to carry out such program. Requires amounts repaid on loans to be deposited in such Fund. Amends the Energy Independence and Security Act of 2007 to require: the Assistant Secretary for Energy Efficiency and Renewable Energy to: (1) establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy; (2) identify and mitigate potential environmental impacts; (3) make grants to promote the development of geothermal heat pumps and the direct use of geothermal energy; (4) give priority to proposals that apply to large buildings, commercial districts, and residential communities; and (5) conduct a national solicitation for grant applications. Amends the Geothermal Steam Act of 1970 to provide that land under an oil and gas lease issued pursuant to the Mineral Leasing Act or the Mineral Leasing Act for Acquired Lands that is subject to an approved application for a permit to drill and from which oil and gas production is occurring may be available for leasing for geothermal drilling in order to provide for the coproduction of geothermal energy with oil and gas, if the lease would serve the public interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) chief State election administration officials have served on political campaigns for Federal candidates whose elections those officials will supervise; (2) such partisan activity by the chief State election administration official, an individual charged with certifying the validity of an election, represents a fundamental conflict of interest that may prevent the official from ensuring a fair and accurate election; (3) this conflict impedes the legal duty of chief State election administration officials to supervise Federal elections, undermines the integrity of Federal elections, and diminishes the people's confidence in our electoral system by casting doubt on the results of Federal elections; (4) the Supreme Court has long recognized that Congress's power to regulate Congressional elections under article I, section 4, clause 1 of the Constitution is both plenary and powerful; and (5) the Supreme Court and numerous appellate courts have recognized that the broad power given to Congress over Congressional elections extends to Presidential elections. SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by election officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) serving as a member of an authorized committee of candidate for Federal office; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of political contributions from any person on behalf of a candidate for Federal office; ``(4) the solicitation or discouragement of the participation in any political activity of any person; ``(5) engaging in partisan political activity on behalf of a candidate for Federal office; and ``(6) any other act prohibited under section 7323(b)(4) of title 5, United States Code (other than any prohibition on running for public office).''. (b) Enforcement.--Section 309 of the Federal Election Campaign Act of 1971 (42 U.S.C. 437g) is amended by adding at the end the following new subsection: ``(d)(1) Notwithstanding paragraphs (1) through (5) of subsection (a), any person who has knowledge of a violation of section 319A has occurred may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury subject to the provisions of section 1001 of title 18, United States Code. The Commission shall promptly notify any person alleged in the complaint and the candidate with respect to whom a violation is alleged, and shall give such person and such candidate an opportunity to respond. Not later than 14 days after the date on which such a complaint is filed, the Commission shall make a determination on such complaint. ``(2)(A) If the Commission determines by an affirmative vote of a majority of the members voting that a person has committed a violation of section 319A, the Commission shall require the person to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission. ``(B) If the Commission determines by an affirmative vote of a majority of the members voting that a person has committed a violation of section 319A under subparagraph (A) and that the candidate knew of the violation at the time such violation occurred, the Commission may require such candidate to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission.''.

Federal Election Integrity Act of 2005 - Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief State election administration official to take active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Antimicrobial Transparency in Animals Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to-- (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. SEC. 3. ENHANCED REPORTING REQUIREMENTS. (a) Reports.--Section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) is amended by striking paragraph (3) and inserting the following: ``(3)(A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food- producing animals, including information on any distributor- labeled product. ``(B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient-- ``(i) by container size, strength, and dosage form; ``(ii) by quantities distributed to each State domestically and by quantities exported; and ``(iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. ``(4)(A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food- producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal-- ``(i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; ``(ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and ``(iii) for each such feed sold or distributed under a veterinary feed directive-- ``(I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; ``(II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and ``(III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. ``(B)(i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed-- ``(I) $10,000,000; or ``(II) such other sum as the Secretary may specify through regulation. ``(ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs-- ``(I) to improve the accuracy of reports; ``(II) to lessen the burden of reporting; ``(III) to facilitate the Secretary's ability to provide public summaries of the reports; or ``(IV) to improve the Secretary's ability to use the reports, or the public's ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. ``(5)(A) Each report under paragraph (3) or (4) shall-- ``(i) be submitted electronically not later than March 31 each year; ``(ii) cover the period of the preceding calendar year; ``(iii) include separate information for each month of such calendar year; and ``(iv) be in such format as the Secretary may require. ``(B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on-- ``(i) drug sales for human use; and ``(ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. ``(C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. ``(D)(i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). ``(ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall-- ``(I) report data by antimicrobial drug class; ``(II) for each such antimicrobial drug class, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; ``(dd) the quantity of drugs sold or distributed per State of sale or distribution; and ``(ee) the known or estimated quantity of drugs sold or distributed for each food- producing animal and, where feasible, production class of such animal; and ``(III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). ``(iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class-- ``(I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and ``(II) to the extent feasible for each such category, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and ``(dd) the quantity of drugs sold or distributed per State of sale or distribution. ``(iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. ``(E) In this paragraph, the terms `live poultry dealer' and `swine contractor' have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921.''. (b) Rule of Application.--The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) (as amended by subsection (a)) that cover the period of the first calendar year beginning after the date of enactment of this Act or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of any calendar year beginning before the calendar years described in the preceding sentence. SEC. 4. ENHANCED COLLABORATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE DEPARTMENT OF AGRICULTURE. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by-- (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. SEC. 5. REPORT BY GAO. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall commence a study to evaluate-- (1) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (2) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (b) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of such study.

Delivering Antimicrobial Transparency in Animals Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to revise reporting requirements for new animal drugs containing an antimicrobial. Certain live poultry dealers, swine contractors, and feed lot operators who purchase, contract, or manufacture animal feed containing a new antimicrobial animal drug must annually report to the Food and Drug Administration, by food-producing animal, the amount of drug per kilogram of feed, and the quantity of feed sold or distributed. Additional information must be provided for feed sold or distributed under a veterinary feed directive. The FDA may specify alternative reporting requirements to improve the accuracy of reports, lessen the burden of reporting, facilitate providing public summaries of reports, or improve the FDA's ability to use reports or the public's ability to use summaries. The FDA must publish summaries of these reports and reports from sponsors of new antimicrobial animal drugs, with data reported by antimicrobial drug class. Alternative reporting requirements are specified for antimicrobial drug classes with fewer than three new animal drugs. The FDA must increase collaboration and coordination with the Department of Agriculture to expand the collection of data on the use of antimicrobials on food-producing animals and to provide information for the Animal and Plant Health Inspection Service and Economic Research Service. The Government Accountability Office must evaluate the voluntary approach used by the FDA to eliminate injudicious use of antimicrobial drugs in food-producing animals and the effectiveness of FDA data collection activities regarding antimicrobial resistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act of 2017''. SEC. 2. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM. Section 511(j)(1)(H) of the Social Security Act (42 U.S.C. 711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and inserting ``each of fiscal years 2017 through 2022''. SEC. 3. CONTINUING TO DEMONSTRATE RESULTS TO HELP FAMILIES. (a) Require Service Delivery Models To Demonstrate Improvement in Applicable Benchmark Areas.--Section 511 of the Social Security Act (42 U.S.C. 711) is amended in each of subsections (d)(1)(A) and (h)(4)(A) by striking ``each of''. (b) Demonstration of Improvements in Subsequent Years.--Section 511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is amended by adding at the end the following: ``(D) Demonstration of improvements in subsequent years.-- ``(i) Continued measurement of improvement in applicable benchmark areas.--The eligible entity, after demonstrating improvements for eligible families as specified in subparagraphs (A) and (B), shall continue to track and report, not later than 30 days after the end of fiscal year 2020 and every 3 years thereafter, information demonstrating that the program results in improvements for the eligible families participating in the program in at least 4 of the areas specified in subparagraph (A) that the service delivery model or models selected by the entity are intended to improve. ``(ii) Corrective action plan.--If the eligible entity fails to demonstrate improvement in at least 4 of the areas specified in subparagraph (A), as compared to eligible families who do not receive services under an early childhood home visitation program, the entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A) that the service delivery model or models selected by the entity are intended to improve, subject to approval by the Secretary. The plan shall include provisions for the Secretary to monitor implementation of the plan and conduct continued oversight of the program, including through submission by the entity of regular reports to the Secretary. ``(iii) Technical assistance.--The Secretary shall provide an eligible entity required to develop and implement an improvement plan under clause (ii) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. ``(iv) No improvement or failure to submit report.--If the Secretary determines after a period of time specified by the Secretary that an eligible entity implementing an improvement plan under clause (ii) has failed to demonstrate any improvement in at least 4 of the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required by clause (i), the Secretary shall terminate the grant made to the entity under this section and may include any unexpended grant funds in grants made to nonprofit organizations under subsection (h)(2)(B).''. (c) Including Information on Applicable Benchmarks in Application.--Section 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is amended by inserting ``that the service delivery model or models selected by the entity are intended to improve'' before the period at the end. SEC. 4. REVIEWING STATEWIDE NEEDS TO TARGET RESOURCES. Section 511(b)(1) of the Social Security Act (42 U.S.C. 711(b)(1)) is amended by striking ``Not later than'' and all that follows through ``section 505(a))'' and inserting ``Each State shall, as a condition of receiving payments from an allotment for the State under section 502, conduct a statewide needs assessment (which may be separate from but in coordination with the statewide needs assessment required under section 505(a) and which shall be reviewed and updated by the State not later than October 1, 2020)''. SEC. 5. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK COMMUNITIES. Section 511(d)(4)(A) of the Social Security Act (42 U.S.C. 711(d)(4)(A)) is amended by inserting ``, taking into account the staffing, community resource, and other requirements to operate at least one approved model of home visiting and demonstrate improvements for eligible families'' before the period. SEC. 6. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A PAY FOR OUTCOME BASIS. (a) In General.--Section 511(c) of the Social Security Act (42 U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following: ``(3) Authority to use grant for a pay for outcomes initiative.--An eligible entity to which a grant is made under paragraph (1) may use up to 25 percent of the grant for outcomes or success payments related to a pay for outcomes initiative that will not result in a reduction of funding for services delivered by the entity under a childhood home visitation program under this section while the eligible entity develops or operates such an initiative.''. (b) Definition of Pay for Outcomes Initiative.--Section 511(k) of such Act (42 U.S.C. 711(k)) is amended by adding at the end the following: ``(4) Pay for outcomes initiative.--The term `pay for outcomes initiative' means a performance-based grant, contract, cooperative agreement, or other agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include-- ``(A) a feasibility study that describes how the proposed intervention is based on evidence of effectiveness; ``(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes; ``(C) an annual, publicly available report on the progress of the initiative; and ``(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that this requirement shall not apply with respect to payments to a third party conducting the evaluation described in subparagraph (B).''. (c) Extended Availability of Funds.--Section 511(j)(3) of such Act (42 U.S.C. 711(j)(3)) is amended-- (1) by striking ``(3) Availability.--Funds'' and inserting the following: ``(3) Availability.-- ``(A) In general.--Except as provided in subparagraph (B), funds''; and (2) by adding at the end the following: ``(B) Funds for pay for outcomes initiatives.-- Funds made available to an eligible entity under this section for a fiscal year (or portion of a fiscal year) for a pay for outcomes initiative shall remain available for expenditure by the eligible entity for not more than 10 years after the funds are so made available.''. SEC. 7. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY. (a) In General.--Section 511(h) of the Social Security Act (42 U.S.C. 711(h)) is amended by adding at the end the following: ``(5) Data exchange standards for improved interoperability.-- ``(A) Designation and use of data exchange standards.-- ``(i) Designation.--The head of the department or agency responsible for administering a program funded under this section shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, designate data exchange standards for necessary categories of information that a State agency operating the program is required to electronically exchange with another State agency under applicable Federal law. ``(ii) Data exchange standards must be nonproprietary and interoperable.--The data exchange standards designated under clause (i) shall, to the extent practicable, be nonproprietary and interoperable. ``(iii) Other requirements.--In designating data exchange standards under this paragraph, the Secretary shall, to the extent practicable, incorporate-- ``(I) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget; ``(II) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(III) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance. ``(B) Data exchange standards for federal reporting.-- ``(i) Designation.--The head of the department or agency responsible for administering a program referred to in this section shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern Federal reporting and exchange requirements under applicable Federal law. ``(ii) Requirements.--The data exchange reporting standards required by clause (i) shall, to the extent practicable-- ``(I) incorporate a widely accepted, nonproprietary, searchable, computer-readable format; ``(II) be consistent with and implement applicable accounting principles; ``(III) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and ``(IV) be capable of being continually upgraded as necessary. ``(iii) Incorporation of nonproprietary standards.--In designating data exchange standards under this paragraph, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Mark up Language. ``(iv) Rule of construction.--Nothing in this paragraph shall be construed to require a change to existing data exchange standards for Federal reporting about a program referred to in this section, if the head of the department or agency responsible for administering the program finds the standards to be effective and efficient.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act.

Strong Families Act of 2017 This bill amends title V (Maternal and Child Health Services) of the Social Security Act to reauthorize through FY2022, and otherwise revise, the Maternal, Infant, and Early Childhood Home Visiting Program. Under current law, grantees were required, after three years of program implementation, to demonstrate improvement in specified benchmark areas. The bill requires grantees to continue to track and demonstrate, on a triennial basis, improvement in applicable benchmark areas. A grantee that fails to do so must develop and implement a corrective action plan, subject to approval by the Department of Health and Human Services (HHS). HHS shall terminate a program grant made to a grantee that implements such a plan but continues to fail to demonstrate improvement. As a condition for receiving grant funds under the program, a state must review and update its statewide needs assessment by October 1, 2020. A grantee may use a portion of program grant funds to support a "pay-for-outcomes initiative" (a performance-based grant, contract, or cooperative agreement, awarded by a public entity, in which a commitment is made to pay for improved outcomes that result in social benefit and public-sector cost savings). HHS must designate data-exchange standards applicable to the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class College Tuition Tax Credit Expansion Act of 2008''. SEC. 2. QUALIFIED TUITION AND RELATED EXPENSES CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) is amended to read as follows: ``SEC. 25A. QUALIFIED TUITION AND RELATED EXPENSES CREDIT. ``(a) Allowance of Credit.--In the case of any eligible individual for whom an election is in effect under this section, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible individual during any academic period beginning in such taxable year) as does not exceed $10,000. ``(b) Limitations.-- ``(1) Modified adjusted gross income limitation.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(B) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable amount under paragraph (4), bears to ``(ii) $5,000 ($10,000 in the case of a joint return). ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(D) Applicable amount.--The applicable amount under this subparagraph is-- ``(i) in the case of a joint return, 200 percent of the dollar amount in effect under subparagraph (B) for the taxable year, and ``(ii) in any other case, $100,000. ``(2) Credit allowed for only 4 taxable years.--An election to have this section apply with respect to any eligible individual may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such individual for any 4 prior taxable years. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual described in paragraph (2). ``(2) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Books.--Such term shall include books required for such individual's academic courses of instruction at the eligible educational institution. ``(C) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(D) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name and taxpayer identification number of such student on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(6) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(7) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2009, the $100,000 amount in subsection (b)(1)(D)(ii) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(f) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Repeal of Deduction for Qualified Tuition and Related Expenses.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (c) Conforming Amendments.--(1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``, 222''. (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``, 222''. (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``, 222''. (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``, 222''. (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``, 222''. (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``, 222''. (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (10) Subsection (d) of section 221 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(f)(2)'' in the second sentence of paragraph (2) and inserting ``section 25A(c)(3)''. (11) Paragraph (3) of section 221(d) of such Code is amended to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time workload for the course of study the student is pursuing.''. (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (17) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 25A(d)(1)''. (d) Clerical Amendments.--(1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``25A. Qualified tuition and related expenses credit.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (e) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2008, for education furnished in academic periods beginning after such date.

Middle Class College Tuition Tax Credit Expansion Act of 2008 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for 50% of qualified tuition and related expenses (including required books), up to $10,000, for attendance at an institution of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Coverage During an Incident of National Significance Act of 2006''. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively, and by inserting after chapter 89 the following: ``CHAPTER 89A--EMERGENCY HEALTH INSURANCE FOR CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE ``Sec. 8921. Definitions. ``Sec. 8922. Health insurance for eligible individuals. ``Sec. 8923. Contract requirement. ``Sec. 8924. Eligibility and identification of individuals. ``Sec. 8925. Alternative conditions to Federal employee health benefits plans. ``SEC. 8921. DEFINITIONS. ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; ``(2) the term `eligible individual' means any individual who, at the time of an incident of national significance, resides or is employed in the area identified under section 8954 with respect to such incident; ``(3) the term `incident of national significance' means a domestic catastrophic incident which is designated as an incident of national significance by the President pursuant to the national response plan referred to in section 502(6) of the Homeland Security Act of 2002; and ``(4) the term `Office' means the Office of Personnel Management. ``SEC. 8922. HEALTH INSURANCE FOR ELIGIBLE INDIVIDUALS. ``(a) The Office of Personnel Management shall administer a health insurance program for eligible individuals in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``SEC. 8923. CONTRACT REQUIREMENT. ``(a) In each calendar year, the Office shall enter into a contract with 3 or more carriers to make available 5 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 5 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``SEC. 8924. ELIGIBILITY AND IDENTIFICATION OF INDIVIDUALS. ``(a) Except as provided in subsection (b), any eligible individual may enroll in a health benefits plan under this chapter. ``(b) An individual may not enroll in a health benefits plan under this chapter, if the individual-- ``(1) is 65 years of age or older; ``(2) is enrolled or eligible to enroll for coverage under a public health insurance program, including coverage under title XVIII of the Social Security Act, coverage under a State plan under title XIX of such Act, coverage under a State plan under title XX of such Act, or coverage under any other program determined by the Office; ``(3) is enrolled or eligible to enroll in a plan under chapter 89; or ``(4) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``(c) With respect to each incident of national significance, the Secretary of Homeland Security shall, consistent with the President's designation of such incident, identify the area affected by such incident and shall, in consulation with the Office, carry out a program to identify eligible individuals with respect to such incident. ``(d) The period of an individual's enrollment in a health benefits plan under this chapter shall not exceed 24 months with respect to any incident of national significance. Such period may be extended by the Office if the Secretary of Homeland Security determines that the area identified under subsection (c) remains affected by the incident. ``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS. ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended-- (A) by redesignating the items relating to chapters 89A and 89B as items relating to chapters 89B and 89C, respectively; and (B) by inserting after the item relating to chapter 89 the following: ``Chapter 89A--Emergency Health Insurance for Certain Individuals Affected by an Incident of National Significance ``Sec. 8921. Definitions. ``Sec. 8922. Health insurance for eligible individuals. ``Sec. 8923. Contract requirement. ``Sec. 8924. Eligibility and identification of individuals. ``Sec. 8925. Alternative conditions to Federal employee health benefits plans.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to the calendar year following such date of enactment. SEC. 3. CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. (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. EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the amount paid during such taxable year by the taxpayer for coverage of the taxpayer and family members under the health insurance plan established under chapter 89A of title 5, United States Code. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``In the case of any taxpayer whose The applicable percentage is: family income is the following percentage of the poverty line: Not more than 100 percent............ 100 percent More than 100 percent, but not more 65 percent than 300 percent. More than 300 percent, but not more 40 percent than 500 percent. More than 500 percent, but not more 30 percent than 600 percent. More than 600 percent................ 0 percent. ``(2) Family income.--For purposes of this subsection, the term `family income' means the aggregate adjusted gross income of the taxpayer and the taxpayer's spouse and dependents. ``(3) Poverty line.--For purposes of this subsection, the term `poverty line' means the poverty line as defined in section 673(2) of the Community Services Block Grant Act, for a family of the size involved. ``(c) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this paragraph) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Treatment of payments.--For purposes of this section, payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for emergency health insurance costs of certain individuals affected by an incident of national significance) shall be treated as having been made by the taxpayer. ``(4) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 7529.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. ``Not later than August 1, 2007, the Secretary shall establish a program for making payments on behalf of individuals described in section 36(a) to the health insurance plan established under chapter 89A of title 5, United States Code.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Emergency health insurance costs of certain individuals affected by an incident of national significance.''. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit for emergency health insurance costs of certain individuals affected by an incident of national significance.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. Not later than 3 months after the date of enactment of this Act and after consultation with appropriate experts, the Secretary of Homeland Security, and other Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

Emergency Coverage During an Incident of National Significance Act of 2006 - Directs the Office of Personnel Management (OPM) to administer a health insurance program for certain individuals affected by an incident of national significance. Requires OPM to contract with three or more carriers to make available five or more federal health benefits plans (subject to the provisions of this Act) to eligible individuals. Allows an income-related tax credit for amounts paid by eligible individuals for coverage under the health insurance plan established by this Act. Directs the Secretary of the Treasury to establish a program for making payments on behalf of certain individuals to such plan. Requires the Secretary of Homeland Security, other federal officers, and the Director of OPM to submit a plan that: (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth, Transparency, Accountability, and Fairness in Trade Act''. SEC. 2. REPORTING. Section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) is amended to read as follows: ``(c) ITC Reports.--The United States International Trade Commission and the Secretary of Labor shall submit to the Congress, not later than February 15th of each year, a joint report on the operation of the trade agreements program during the preceding calendar year. The report shall include, with respect to each free trade agreement in effect on December 31st of the preceding calendar year, the following: ``(1)(A) The exports, during the preceding calendar year, from the United States to the other countries that are parties to the free trade agreement, and the imports, during the preceding calendar year, from those other countries to the United States, of goods and services covered by the agreement, by volume, by industry sector, by commodity, and by State, that are attributable to the free trade agreement or a section, chapter, or other portion of such trade agreement. ``(B) A comparison of the export and import data reported under subparagraph (A) for the preceding calendar year, with such data for the lesser of-- ``(i) the period of 4 calendar years ending on the day before the first day of such preceding calendar year; or ``(ii) the number of calendar years, occurring before such preceding calendar year, in which the agreement has been in effect. ``(2) A comparison of the export and import data reported under subparagraphs (A) and (B) with any forecasts made by the United States Trade Representative, before the implementation of the free trade agreement, with respect to such export or import data for the calendar years with respect to which the data is reported. ``(3)(A) The number of applications filed, during the preceding calendar year, for adjustment assistance for workers and firms under title II of this Act, the number of such applications that were approved, and the extent to which adjustment assistance has been provided under such approved applications, as a result of the free trade agreement, nationwide, in each State, and by industry. ``(B) A comparison of the data reported under subparagraph (A) for the preceding calendar year, with such data for the lesser of-- ``(i) the period of 4 calendar years ending on the day before the first day of such preceding calendar year; or ``(ii) the number of calendar years, occurring before such preceding calendar year, in which the agreement has been in effect.''. SEC. 3. TERMINATION OF AGREEMENTS OR PORTIONS THEREOF. Section 125 of the Trade Act of 1974 (19 U.S.C. 2135) is amended by adding at the end the following: ``(g) Termination of Agreements or Portions Thereof.-- ``(1) In general.--A free trade agreement, or a section, chapter, or other portion of such trade agreement in the case of a trade agreement that provides for the termination of sections, chapters, or other portions of the trade agreement in accordance with section 5 of the Truth, Transparency, Accountability, and Fairness in Trade Act, shall cease to be effective with respect to the United States if-- ``(A) annual reports submitted under section 163(c) with respect to the trade agreement show-- ``(i) export disruption, which means declining exports from the United States to, and rising imports into the United States from, a country that is party to the trade agreement-- ``(I) in 3 consecutive calendar years, or ``(II) in 3 calendar years during a consecutive 5-calendar year period, overall or for a specific commodity or industry, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, as determined by the Comptroller General of the United States; ``(ii) labor disruption, which means an increase of 5 percent or more in the number of applications for adjustment assistance for workers and firms under title II of this Act-- ``(I) in each of 3 consecutive calendar years, or ``(II) in each of 3 calendar years during a consecutive 5-calendar year period, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, overall or with respect to a specific good or industry, as determined by the Comptroller General of the United States; or ``(iii) trade balance disruption, which means an increase of 5 percent or more in the trade deficit of the United States in goods with respect to a country that is a party to the free trade agreement-- ``(I) in each of 3 consecutive calendar years, or ``(II) in each of 3 calendar years during a consecutive 5-calendar year period, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, as determined by the Comptroller General of the United States; and ``(B) a termination bill with respect to such free trade agreement or a section, chapter, or other portion of such trade agreement, as the case may be, relating to export disruption, labor disruption, or trade balance disruption described in clause (i), (ii), or (iii) of subparagraph (A), is enacted into law. ``(2) Time lines.--The Comptroller General shall, not later than 30 days after any annual report under section 163(c) is submitted to Congress with respect to a free trade agreement, make and submit to Congress a determination of whether or not export, labor, or trade balance disruption described in paragraph (1) has occurred with respect to that free trade agreement. ``(h) Congressional Termination Authority and Procedures.-- ``(1) Rules of house of representatives and senate.--This section is enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of termination bill described in subsection (i), and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``(2) Introduction and referral.--A termination bill introduced in the House or the Senate with respect to a free trade agreement for which a determination of export disruption, labor disruption, or trade balance disruption has been received under subsection (g)(1) shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or in the case of a bill containing provisions within the jurisdictions of two or more committees, jointly to such committees for consideration of those provisions within their jurisdiction. ``(3) Amendments prohibited.--No amendment to a termination bill shall be in order in either the House of Representatives or the Senate; and 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 for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. ``(4) Period for committee and floor consideration.-- ``(A) Except as provided in paragraph (2), if the committee or committees of either House to which a termination bill has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the termination bill and it shall be placed on the appropriate calendar. A vote on final passage of the termination bill shall be taken in each House on or before the close of the 15th day after the termination bill is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the termination bill. If prior to the passage by one House of a termination bill of that House, that House receives the same termination bill from the other House, then-- ``(i) the procedure in that House shall be the same as if no termination bill had been received from the other House; but ``(ii) the vote on final passage shall be on the termination bill of the other House. ``(B) For purposes of subparagraph (A), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. ``(5) Floor consideration in the house of representatives.-- ``(A) A motion in the House of Representatives to proceed to the consideration of a termination bill 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 termination bill be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the termination bill. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit a termination bill or to move to reconsider the vote by which a termination bill is agreed to or disagreed to. ``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a termination bill, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a termination bill shall be decided without debate. ``(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a termination bill shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. ``(6) Floor consideration in the senate.-- ``(A) A motion in the Senate to proceed to the consideration of a termination bill shall be privileged and not debatable. An amendment to the motion shall not 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 termination bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 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 termination bill 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 or her designee. Such leaders, or either of them, may, from time under their control on the passage of a termination 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 is not debatable. A motion to recommit a termination bill is not in order. ``(E) Consideration in the Senate of any veto message with respect to a termination bill, including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designee. ``(i) Definition.--For purposes of this section, the term `termination bill' means only a bill of either House of Congress that is introduced under subsection (h) with respect to a free trade agreement, or a section, chapter, or other portion of such trade agreement, with respect to which a determination by the Comptroller General of export disruption, labor disruption, or trade balance disruption has been received under subsection (g)(1) and that contains-- ``(1) a provision terminating, within 6 months after the date of the enactment of the bill, such free trade agreement, or section, chapter, or other portion of such trade agreement, with respect to specific goods or industries, to the extent that the determination of the Comptroller General applies only to such goods or industries; and ``(2) if changes in existing laws or new statutory authorities are required to cancel such free trade agreement or section, chapter, or other portion of such trade agreement, and with respect to such goods or industries, provisions necessary or appropriate to terminate such free trade agreement or section, chapter, or other portion of such trade agreement, by repealing or amending existing laws or providing new statutory authority. ``(j) Future Negotiations.--If a termination bill with respect to a free trade agreement, or a section, chapter, or other portion of such trade agreement, is enacted into law, then trade authorities procedures, or any other form of expedited consideration by either House of Congress, shall not apply to a free trade agreement, or section, chapter, or other portion of such trade agreement, that is renegotiated in substantially the same form as the free trade agreement, or section, chapter, or other portion of such trade agreement, that led to the determination of export disruption, labor disruption, or trade balance disruption under subsection (g)(1) with respect to which the termination bill was enacted.''. SEC. 4. RETALIATORY ACTIONS. Section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon; (2) in subparagraph (B)(ii), by adding ``or'' after the semicolon; and (3) by inserting after subparagraph (B) the following: ``(C) a country that is a party to a free trade agreement with respect to which a termination bill under section 125(g) has been enacted into law has implemented a tariff or nontariff barrier by reason of such termination bill;''. SEC. 5. SEVERABILITY REQUIREMENT. The United States Trade Representative shall ensure that any free trade agreement entered into on or after the date of the enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific sections, chapters, or other portions of the agreement.

Truth, Transparency, Accountability, and Fairness in Trade Act This bill amends the Trade Act of 1974 to require the Department of Labor to make a joint annual report to Congress with the U.S. International Trade Commission on the operation of the trade agreements program during the preceding calendar year, including specified information about each free trade agreement in effect. Any free trade agreement or portion of it that provides for the termination of portions shall cease to be effective with respect to the United States if annual reports on it show as a result of the agreement or a portion of it any: export disruption (declining U.S. exports to, and rising U.S. imports from, a country party to the agreement), either overall or for a specific commodity or industry, in three consecutive calendar years or in three calendar years during a consecutive five-calendar year period; labor disruption (an increase of 5% or more in the number of applications for adjustment assistance for workers and firms), either overall or with respect to a specific good or industry, in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period; or trade balance disruption (an increase of 5% or more in the U.S. trade deficit in goods with respect to a country party to the agreement) in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period. A termination bill, relating to such circumstances, must be enacted into law to effect a termination of the free trade agreement or a portion of it. Fast track procedures are prescribed for congressional consideration of a termination bill. The United States Trade Representative shall: take specified enforcement actions against any country party to a free trade agreement if it has implemented a tariff or nontariff barrier by reason of enactment into law of a bill terminating the agreement in whole or in part, and ensure that any free trade agreement entered into on or after enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific portions of it.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Chemical Diversion Control Act of 1993''. SEC. 2. DEFINITION AMENDMENTS. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (33), by striking ``any listed precursor chemical or listed essential chemical'' and inserting ``any list I chemical or any list II chemical''; (2) in paragraph (34)-- (A) by striking ``listed precursor chemical'' and inserting ``list I chemical''; and (B) by striking ``critical to the creation'' and inserting ``important to the manufacture''; (3) in paragraph (34)(A), (F), and (H), by inserting ``, its esters,'' before ``and''; (4) in paragraph (35)-- (A) by striking ``listed essential chemical'' and inserting ``list II chemical''; (B) by inserting ``(other than a list I chemical)'' before ``specified''; and (C) by striking ``as a solvent, reagent, or catalyst''; and (5) in paragraph (38), by inserting ``or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine'' before the period; (6) in paragraph (39)(A)-- (A) by striking ``importation or exportation of'' and inserting ``importation, or exportation of, or an international transaction involving shipment of,''; (B) in clause (iii) by inserting ``or any category of transaction for a specific listed chemical or chemicals'' after ``transaction''; (C) by amending clause (iv) to read as follows: ``(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless-- ``(I)(aa) the drug contains ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or salts of optical isomers and therapeutically insignificant quantities of another active medicinal ingredient; or ``(bb) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ``(II) the quantity of ephedrine or other listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General.''; and (D) in clause (v), by striking the semicolon and inserting ``which the Attorney General has by regulation designated as exempt from the application of this title and title II based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered;''; (7) in paragraph (40), by striking ``listed precursor chemical or a listed essential chemical'' each place it appears and inserting ``list I chemical or a list II chemical''; and (8) by adding at the end the following new paragraphs: ``(42) The term `international transaction' means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates. ``(43) The terms `broker' and `trader' mean a person that assists in arranging an international transaction in a listed chemical by-- ``(A) negotiating contracts; ``(B) serving as an agent or intermediary; or ``(C) bringing together a buyer and seller, a buyer and transporter, or a seller and transporter.''. (b) Removal of Exemption of Certain Drugs.-- (1) Procedure.--Part B of the Controlled Substances Act (21 U.S.C. 811 et seq.) is amended by adding at the end the following new section: ``removal of exemption of certain drugs ``Sec. 204. (a) Removal of Exemption.--The Attorney General shall by regulation remove from exemption under section 102(39)(A)(iv) a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance. ``(b) Factors To Be Considered.--In removing a drug or group of drugs from exemption under subsection (a), the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption-- ``(1) the scope, duration, and significance of the diversion; ``(2) whether the drug or group of drugs is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance; and ``(3) whether the listed chemical can be readily recovered from the drug or group of drugs. ``(c) Specificity of Designation.--The Attorney General shall limit the designation of a drug or a group of drugs removed from exemption under subsection (a) to the most particularly identifiable type of drug or group of drugs for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug or group of drugs. ``(d) Reinstatement of Exemption With Respect to Particular Drug Products.-- ``(1) Reinstatement.--On application by a manufacturer of a particular drug product that has been removed from exemption under subsection (a), the Attorney General shall by regulation reinstate the exemption with respect to that particular drug product if the Attorney General determines that the particular drug product is manufactured and distributed in a manner that prevents diversion. ``(2) Factors to be considered.--In deciding whether to reinstate the exemption with respect to a particular drug product under paragraph (1), the Attorney General shall consider-- ``(A) the package sizes and manner of packaging of the drug product; ``(B) the manner of distribution and advertising of the drug product; ``(C) evidence of diversion of the drug product; ``(D) any actions taken by the manufacturer to prevent diversion of the drug product; and ``(E) such other factors as are relevant to and consistent with the public health and safety, including the factors described in subsection (b) as applied to the drug product. ``(3) Status pending application for reinstatement.--A transaction involving a particular drug product that is the subject of a bona fide pending application for reinstatement of exemption filed with the Attorney General not later than 60 days after a regulation removing the exemption is issued pursuant to subsection (a) shall not be considered to be a regulated transaction if the transaction occurs during the pendency of the application and, if the Attorney General denies the application, during the period of 60 days following the date on which the Attorney General denies the application, unless-- ``(A) the Attorney General has evidence that, applying the factors described in subsection (b) to the drug product, the drug product is being diverted; and ``(B) the Attorney General so notifies the applicant. ``(4) Amendment and modification.--A regulation reinstating an exemption under paragraph (1) may be modified or revoked with respect to a particular drug product upon a finding that-- ``(A) applying the factors described in subsection (b) to the drug product, the drug product is being diverted; or ``(B) there is a significant change in the data that led to the issuance of the regulation.''. (2) Clerical amendment.--The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended by adding at the end of that portion relating to part B of title II the following new item: ``Sec. 204. Removal of exemption of certain drugs.''. (c) Regulation of Listed Chemicals.--Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended-- (1) in subsection (a)(1)-- (A) by striking ``precursor chemical'' and inserting ``list I chemical''; and (B) in subparagraph (B), by striking ``an essential chemical'' and inserting ``a list II chemical''; and (2) in subsection (c)(2)(D), by striking ``precursor chemical'' and inserting ``chemical control''. SEC. 3. REGISTRATION REQUIREMENTS. (a) Rules and Regulations.--Section 301 of the Controlled Substances Act (21 U.S.C. 821) is amended by striking the period and inserting ``and to the registration and control of regulated persons and of regulated transactions.''. (b) Persons Required To Register Under Section 302.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended-- (1) in subsection (a)(1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; (2) in subsection (b)-- (A) by inserting ``or list I chemicals'' after ``controlled substances''; and (B) by inserting ``or chemicals'' after ``such substances''; (3) in subsection (c), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (4) in subsection (e), by inserting ``or list I chemicals'' after ``controlled substances''. (c) Registration Requirements Under Section 303.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following new subsection: ``(h) The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under section 102(39)(A)(iv). In determining the public interest for the purposes of this subsection, the Attorney General shall consider-- ``(1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; ``(2) compliance by the applicant with applicable Federal, State, and local law; ``(3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law; ``(4) any past experience of the applicant in the manufacture and distribution of chemicals; and ``(5) such other factors as are relevant to and consistent with the public health and safety.''. (d) Denial, Revocation, or Suspension of Registration.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a)-- (A) by inserting ``or a list I chemical'' after ``controlled substance'' each place it appears; and (B) by inserting ``or list I chemicals'' after ``controlled substances''; (2) in subsection (b), by inserting ``or list I chemical'' after ``controlled substance''; (3) in subsection (f), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (4) in subsection (g)-- (A) by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (B) by inserting ``or list I chemical'' after ``controlled substance'' each place it appears. (e) Persons Required To Register Under Section 1007.--Section 1007 of the Controlled Substances Import and Export Act (21 U.S.C. 957) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance''; and (B) in paragraph (2), by striking ``in schedule I, II, III, IV, or V,'' and inserting ``or list I chemical,''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (B) in paragraph (2), by inserting ``or list I chemicals'' after ``controlled substances''. (f) Registration Requirements Under Section 1008.--Section 1008 of the Controlled Substances Import and Export Act (21 U.S.C. 958) is amended-- (1) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2)(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the import or export of a drug product that is exempted under section 102(39)(A)(iv). ``(B) In determining the public interest for the purposes of subparagraph (A), the Attorney General shall consider the factors specified in section 303(h).''; (2) in subsection (d)-- (A) in paragraph (3), by inserting ``or list I chemical or chemicals,'' after ``substances,''; and (B) in paragraph (6), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; (3) in subsection (e), by striking ``and 307'' and inserting ``307, and 310''; and (4) in subsections (f), (g), and (h), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears. (g) Prohibited Acts C.--Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) is amended-- (1) by amending paragraphs (6) and (7) to read as follows: ``(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II; ``(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II or, in the case of an exportation, in violation of this title or title II or of the laws of the country to which it is exported;''; (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) if the person is a regulated person, to distribute, import, or export a list I chemical without the registration required by this Act.''. SEC. 4. ANTI-SMUGGLING PROVISION. Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended-- (1) by striking ``or'' at the end of paragraph (1); and (2) by adding at the end the following new paragraph: ``(3) imports or exports a listed chemical in violation of section 1007 or 1018,''. SEC. 5. ADMINISTRATIVE INSPECTIONS AND AUTHORITY. Section 510 of the Controlled Substances Act (21 U.S.C. 880) is amended-- (1) by amending subsection (a)(2) to read as follows: ``(2) places, including factories, warehouses, and other establishments, and conveyances, where persons registered under section 303 (or exempt from registration under section 302(d) or by regulation of the Attorney General) or regulated persons may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by inserting ``, listed chemicals,'' after ``unfinished drugs''; and (B) in subparagraph (C), by inserting ``or listed chemical'' after ``controlled substance'' and inserting ``or chemical'' after ``such substance''. SEC. 6. FORFEITURE EXPANSION. Section 511(a)(6) of the Controlled Substances Act (21 U.S.C. 881(a)(6)) is amended by inserting ``or listed chemical'' after ``controlled substance''. SEC. 7. THRESHOLD AMOUNTS. Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 802(39)(A)), as amended by section 2, is amended by inserting ``a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical,'' before ``a threshold amount, including a cumulative threshold amount for multiple transactions''. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 120 days after the date of enactment of this Act. S 1663 IS----2 S 1663 IS----3

Domestic Chemical Diversion Control Act of 1993 - Amends the Controlled Substances Act to remove ephedrine products from the legal drug exemption of the Chemical Diversion and Trafficking Act (which currently precludes the application of any of the regulatory control measures of such Act to a listed chemical which is contained in a drug product approved under the Federal Food, Drug, and Cosmetic Act). Directs the Attorney General to remove from exemption any other drug products which are being diverted to use in the illicit production of controlled substances. Establishes a registration system for distributors, importers, and exporters of listed chemicals which are diverted within the United States. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I (currently, listed precursor) chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, based on specified criteria. Amends the Controlled Substances Import and Export Act to set penalties for knowingly or intentionally importing or exporting a listed chemical in violation of such registration requirements. Makes provisions of the Controlled Substances Act regarding administrative inspections and authority, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Currently only the latter are covered by such provisions.)

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Gasoline Consumer Anti-price-gouging Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Protection of consumers against price gouging. Sec. 3. Justifiable price increases. Sec. 4. Emergency proclamations and orders. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Penalties. Sec. 7. Definitions. Sec. 8. Effective date. SEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING. It is unlawful for any supplier to increase the price at which that supplier sells, or offers to sell, gasoline or petroleum distillates in, or for use in-- (1) an area covered by a Presidential proclamation issued under section 4(a)(1) by an unconscionable amount during the period beginning on the date the proclamation is issued and ending on the date specified in the proclamation; or (2) an area covered by a Federal Trade Commission emergency order issued under section 4(a)(2) by an unconscionable amount during the period beginning on the date the order is issued and ending on the date specified in the order. SEC. 3. JUSTIFIABLE PRICE INCREASES. (a) In General.--The prohibition in section 2 does not apply to the extent that the increase in the price of the gasoline or petroleum distillate is substantially attributable to-- (1) an increase in the wholesale cost of gasoline and petroleum distillates to a retail seller or reseller; (2) an increase in the replacement costs for gasoline or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. (b) Other Mitigating Factors.--In determining whether a violation of section 2 has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the gasoline or petroleum distillate was sold reasonably reflects additional costs or risks, not within the control of the seller, that were paid or incurred by the seller. SEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS. (a) In General.-- (1) Presidential emergency proclamations.--The President may issue an emergency proclamation when an abnormal market disruption has occurred or is reasonably expected to occur. (2) FTC emergency orders.--In the absence of a Presidential proclamation under paragraph (1), the Federal Trade Commission, by majority vote, may-- (A) determine that an abnormal market disruption affecting more than 1 State has occurred or is reasonably expected to occur; and (B) issue an emergency order if it makes such a determination. (b) Scope and Duration.-- (1) In general.--The emergency proclamation or order-- (A) shall specify with particularity-- (i) the period for which the proclamation or order applies; and (ii) the event, circumstance, or condition that is the reason such a proclamation or order is determined to be necessary; and (B) may specify the area or region to which it applies, which, for the 48 contiguous States, may not be limited to a single State. (2) Limitations.--An emergency proclamation or an order under subsection (a)-- (A) may not apply for a period of more than 30 consecutive days (renewable for a consecutive period of not more than 30 days); and (B) may apply to a period of not more than 7 days preceding the occurrence of an event, circumstance, or condition that is the reason such a proclamation or order is necessary. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Violation Is Unfair or Deceptive Act or Practice.--Section 2 of this Act shall be enforced by the Federal Trade Commission as if the violation of section 2 were an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall prevent any supplier from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of this Act is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall prescribe such regulations as may be necessary or appropriate to implement this Act. SEC. 6. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act any supplier who violates this Act is punishable by a civil penalty of-- (A) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (42 U.S.C. 7625(c)); and (B) not more than $5,000,000 in the case of any other supplier. (2) Method of assessment.--The penalty provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the supplier committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act, the violation of this Act is punishable by a fine of not more than $1,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General of the United States, in accordance with section 515 of title 28, United States Code. SEC. 7. DEFINITIONS. In this Act: (1) Abnormal market disruption.--The term ``abnormal market disruption'' means there is a reasonable likelihood that, in the absence of a proclamation under section 4(a), there will be an increase in the average price of gasoline or petroleum distillates as a result of a change in the market, whether actual or imminently threatened, resulting from extreme weather, a natural disaster, strike, civil disorder, war, military action, a national or local emergency, or other similar cause, that adversely affects the availability or delivery gasoline or petroleum distillates. (2) Supplier.--The term ``supplier'' means any person engaged in the trade or business of selling, reselling, at retail or wholesale, or distributing gasoline or petroleum distillates. (3) Unconscionable amount.--The term ``unconscionable amount'' means, with respect to any supplier to whom section 2 applies, a significant increase in the price at which gasoline or petroleum distillates are sold or offered for sale by that supplier that increases the price, for the same grade of gasoline or petroleum distillate, to an amount that-- (A) substantially exceeds the average price at which gasoline or petroleum distillates were sold or offered for sale by that supplier during the 30-day period immediately preceding the sale or offer; (B) substantially exceeds the average price at which gasoline or petroleum distillates were sold or offered for sale by that person's competitors during the period for which the emergency proclamation applies; and (C) cannot be justified by taking into account the factors described in section 3. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date on which a final rule issued by the Federal Trade Commission under section 5(c) is published in the Federal Register.

Gasoline Consumer Anti-price-gouging Protection Act - Makes it unlawful for any supplier to increase the price for gasoline or petroleum distillates in an area covered by: (1) an emergency proclamation issued by the President that an abnormal market has or is expected to occur; or (2) a Federal Trade Commission (FTC) emergency order that an abnormal market disruption affecting more than one state has or is expected to occur. Makes such prohibition inapplicable to justifiable increases. Authorizes the President or FTC to issue such proclamations or orders. Provides: (1) prohibition enforcement through the FTC; and (2) civil and criminal penalties for violations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Cybersecurity Act of 2017''. SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 (21 U.S.C. 360j) the following-- ``SEC. 520A. CYBERSECURITY FOR DEVICES. ``(a) Definitions.--In this section: ``(1) Cyber device.--The term `cyber device' means any device that has network or Internet connectivity (such as near field communication (NFC), Bluetooth, or WiFi), connects to an external storage device or external media (such as a universal serial bus (USB) or a compact disk), or has any other cyber capability. ``(2) Cybersecurity fix or update.--The term `cybersecurity fix or update' means any modification to a cyber device that addresses a software, firmware, or hardware error or known vulnerability, or a security update, and does not change the therapeutic or diagnostic function of the device. ``(b) Transparency of Risk Prior to Marketing.-- ``(1) Report card.-- ``(A) In general.--The Secretary, in coordination with the entities described in subparagraph (B), shall develop a report card for indicating the cybersecurity functions of cyber devices. The report card shall contain the contents described in paragraph (2) and be disclosed in accordance with paragraph (3). ``(B) Coordination.--The entities described in this subparagraph are the following: ``(i) The National Institute of Standards and Technology. ``(ii) The Secretary of Homeland Security. ``(iii) The National Coordination Office supporting the Networking and Information Technology Research and Development Program. ``(iv) The Federal Trade Commission. ``(v) Any other relevant agency, or cybersecurity or medical device industry group, as determined by the Secretary. ``(2) Contents of report card.--Each report card shall contain each of the following: ``(A) Information pertaining to all essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, as set forth by the Healthcare Information and Management Systems Society and the National Electrical Manufacturers Association. ``(B) A traceability matrix, accepted by the Secretary, that-- ``(i) redacts content that is confidential, as determined by the Secretary; and ``(ii) establishes design components and traces such components to design compensating controls. ``(C) A description of any manufacturer compensating controls that-- ``(i) effectively address known common vulnerabilities and exposures; and ``(ii) provide providers with industry standard compensating controls for improving cybersecurity. ``(D) A description of-- ``(i) any cybersecurity evaluation conducted on the device, including any testing, validation, or verification of the device; ``(ii) who conducted such evaluation; and ``(iii) the results of such evaluation. ``(E) A cybersecurity risk assessment conducted by the manufacturer, or a third party, explaining the risk of the device to patient safety and clinical hazards. ``(F) An indication of whether the device is capable of being remotely accessed. If the device is capable of being remotely accessed, an indication of any security measures and access protocols the device has in place to secure such access. ``(3) Disclosure of report card.-- ``(A) Clearance or approval.--The manufacturer of any cyber device shall include the report card in any notification to the Secretary under section 510(k) or any application for premarket approval under section 515(c), as applicable. ``(B) Public accessibility.-- ``(i) In general.--The Secretary shall provide a copy of the report card to any entity described in clause (ii) that submits a request for such copy to the Secretary. ``(ii) Entities permitted access.--An entity described in this clause is-- ``(I) any health care industry entity, consisting of any provider, device manufacturer, the Federal Government, health care information security researchers, and health care academia; and ``(II) any entity determined by the Secretary to have a valid interest in the report card. ``(C) Updated report card.--For as long as the cyber device receives technical support from the manufacturer or any other third party authorized by the manufacturer, the manufacturer shall submit to the Secretary an annual update to the report card. ``(c) Protecting Remote Access to Managed Solutions.-- ``(1) In general.--A manufacturer of a cyber device shall: ``(A) In order to remotely access such device after selling, or otherwise transferring ownership of, the device, obtain consent for such access from the provider owning or operating the device and from any patient on which the device is used. Such consent may be in the form of an agreement entered into between the provider and the manufacturer at the time the device is sold to the provider, and may be for the manufacturer to remotely access the device at times specified in such agreement or by an agreement between the manufacturer and provider entered into thereafter. In the case of an agreement described in the previous sentence, consent of the patient may be obtained through the provider notifying the patient of such agreement. ``(B) For any cyber device that the manufacturer may remotely access in accordance with subparagraph (A): ``(i) Notify the provider when the manufacturer accesses the device remotely, including the name of the person with such access, the kinds of tasks that can be performed through such access, and the software used to access the device. Such notification can be in the form of an audit log described in clause (ii) if the audit log is readily available to the provider. ``(ii) Maintain an audit log for each time the manufacturer accesses the device remotely and make such log accessible to the provider. ``(C) Except as provided in paragraph (2), for any cyber device that has the capability to be accessed remotely by the manufacturer or any other entity: ``(i) Implement multi-factor authentication for accessing any cyber capability of the device. ``(ii) Secure data in motion and data at rest with data encryption, and other best practices, approved by the National Institute of Standards and Technology. ``(iii) Install automated tools to track access, or identify attempts at unauthorized access, to any cyber capability of the device. ``(iv) Adopt whitelisting approaches and changeable passwords for accessing any cyber capability of the device. ``(v) Comply with the remote access provisions recommended by the National Institute of Standards and Technology, in the document entitled `Security for Telecommuting and Broadband Communications (NIST Special Publication 800-46)', published in August 2002. ``(2) Exceptions.--A manufacturer may submit a petition to the Secretary to exempt a cyber device from any requirement under paragraph (1)(C). The Secretary may grant such an exemption if it determines that the manufacturer can prove the exemption would pose not more than a minimal risk to patient health, minimal risk to privacy, and minimal risk of a cyber vulnerability. ``(d) Cybersecurity Fixes or Updates.-- ``(1) Re-clearance or reapproval.--Unless at the request of the Secretary due to a unique and extenuating circumstance, any cybersecurity fix or update shall not require a new notification under section 510(k) or application for premarket approval under section 515(c). ``(2) Free cybersecurity fixes or updates.--A manufacturer of a cyber device shall provide any cybersecurity fix or update to the device free of charge until-- ``(A) the date on which any agreement to provide such fixes or updates, entered into between the manufacturer (or a third party authorized by the manufacturer) and a provider, expires; or ``(B) if no agreement described in subparagraph (A) is in effect, the date that is 10 years after the date on which the manufacturer discontinues marketing the device. ``(e) End-of-Life Device.--Not later than 90 days after a manufacturer declares that it will no longer sell a cyber device, the manufacturer of such device shall-- ``(1) shall provide any provider owning or operating the device with the report card, as most recently updated under subsection (b)(3)(C); ``(2) to the extent practicable, inform any provider owning or operating the device that the manufacturer will no longer be manufacturing such device; ``(3) provide notice to any provider owning or operating the device of the date on which the last cybersecurity fix or update will be provided by the manufacturer; ``(4) notify the Secretary of such declaration; and ``(5) provide any provider owning or operating the device with the following information related to the device: ``(A) Compensating controls on how to securely configure the cyber device if the device stays in operation past the date on which the manufacturer stops providing cybsecurity fixes or updates under subsection (d)(2). ``(B) Documentation on secure preparation for recycling and disposal of the device. ``(C) Specific guidance regarding supporting infrastructure architecture, including network segmentation and device isolation requirements. ``(D) Instructions on how to delete any personally identifiable information, protected health information, or other site-specific sensitive data such as configuration files. ``(f) Applicability.--This section shall not apply with respect to any cyber device for which, prior to the enactment of the Medical Device Cybersecurity Act of 2017, a notification was submitted under section 510(k), or for which an application for premarket approval was submitted under section 515(c).''. (b) Enforcement.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with subsection (b), (c), (d), or (e) of section 520A.''. (c) Expansion of ICS-CERT Responsibilities.-- (1) Definitions.--In this subsection: (A) Cyber device.--The term ``cyber device'' has the meaning given the term in section 520A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). (B) ICS-CERT.--The term ``ICS-CERT'' means the Industrial Control Systems Cyber Emergency Response Team of the National Cybersecurity and Communications Integration Center established under section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). (C) Under secretary.--The term ``Under Secretary'' means the Under Secretary appointed under section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)). (2) Expansion.--Not later than 180 days after the date of enactment of this Act, the Under Secretary shall expand the duties and mission of ICS-CERT to include-- (A) investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or significant misuse of personal health information, as determined necessary by ICS-CERT or at the request of the Under Secretary; and (B) coordinating device-specific responses to cybersecurity incidents and vulnerabilities with respect to cyber devices. (3) Consultation.--In carrying out paragraph (2), the Under Secretary shall consult with relevant agencies within the Food and Drug Administration, the Department of Health and Human Services, the National Institute of Standards and Technology, the National Coordination Office for Networking and Information Technology Research and Development, the Federal Trade Commission, and experts in the cybersecurity and medical device industries. (4) Coordinated disclosure.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall issue rules relating to the coordinated disclosure of controlled and uncontrolled cybersecurity vulnerabilities of cyber devices, which shall-- (A) outline the roles and responsibilities of ICS- CERT and manufacturers and providers of cyber devices; (B) provide timelines for all required actions; and (C) provide for the enforcement of cooperation between ICS-CERT and manufacturers and providers of cyber devices. (5) Report.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to Congress a report detailing the expanded duties and mission of ICS-CERT under paragraph (2).

Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others, to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include a report card in any premarket notification or application for premarket approval. The FDA shall provide a copy of a device's report card if requested by a health care industry entity or an entity with a valid interest in the report card.  The bill establishes procedures, including notifications to providers and patients, for manufacturers when cyber devices are remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Net Inpatient Drug Affordability Act''. SEC. 2. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS. (a) In General.--Section 340B(b) of the Public Health Service Act (42 U.S.C. 256b(b)) is amended by inserting before the period the following: ``, except that, notwithstanding the limiting definition set forth in section 1927(k)(3) of the Social Security Act, the terms `covered outpatient drug' and `covered drug' include any inpatient or outpatient drug purchased by a hospital described in subsection (a)(4)(L)''. (b) Payment of Medicaid Rebates on Inpatient Drugs.--Section 340B(c) of such Act (42 U.S.C. 256b(c)) is amended to read as follows: ``(c) Payment of Medicaid Rebates on Inpatient Drugs.-- ``(1) In general.--For the cost reporting period covered by the most recently filed Medicare cost report, a hospital described in subsection (a)(4)(L) shall provide to each State with an approved State plan under title XIX of such Act-- ``(A) a rebate on the estimated annual costs of single source and innovator multiple source drugs provided to Medicaid recipients for inpatient use; and ``(B) a rebate on the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. ``(2) Calculations of rebates.-- ``(A) Single source and innovator multiple source drugs.--For purposes of paragraph (1)(A)-- ``(i) the rebate under such paragraph shall be calculated by multiplying the estimated annual costs of single source and innovator multiple source drugs provided to Medicaid recipients for inpatient use by the minimum rebate percentage described in section 1927(c)(1)(B) of the Social Security Act; ``(ii) the estimated annual costs of single source drugs and innovator multiple source drugs provided to Medicaid recipients for inpatient use under clause (i) shall be equal to the product of-- ``(I) the hospital's actual acquisition costs of all drugs purchased during the cost reporting period for inpatient use; ``(II) the Medicaid inpatient drug charges as reported on the hospital's most recently filed Medicare cost report divided by total inpatient drug charges reported on the cost report; and ``(III) the percent of the hospital's annual inpatient drug costs described in subclause (I) arising out of the purchase of single source and innovator multiple source drugs; and ``(iii) the terms `single source drug' and `innovator multiple source drug' have the meanings given such terms in section 1927(k)(7) of the Social Security Act. ``(B) Noninnovator multiple source drugs.--For purposes of subparagraph (1) (B)-- ``(i) the rebate under such paragraph shall be calculated by multiplying the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use by the applicable percentage as defined in section 1927(c)(3)(B) of the Social Security Act; ``(ii) the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use shall be equal to the product of-- ``(I) the hospital's actual acquisition cost of all drugs purchased during the cost reporting period for inpatient use; ``(II) the Medicaid inpatient drug charges as reported on the hospital's most recently filed Medicare cost report divided by total inpatient drug charges reported on the cost report; and ``(III) the percent of the hospital's annual inpatient drug costs described in subclause (I) arising out of the purchase of noninnovator multiple source drugs; and ``(iii) the term `noninnovator multiple source drug' has the meaning given such term in section 1927(k)(7) of the Social Security Act. ``(3) Payment deadline.--The rebates provided by a hospital under paragraph (1) shall be paid within 90 days of the filing of the hospital's most recently filed Medicare cost report. ``(4) Offset against medical assistance.--Amounts received by a State under this subsection in any quarter shall be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1) of the Social Security Act.''. (c) Clarification That Group Purchasing Prohibition for Certain Hospitals Is Not Applicable to Inpatient Drugs.--Section 340B(a)(4)(L)(iii) of such Act (42 U.S.C. 256b(a)(4)(L)(iii)) is amended by inserting ``(not including such drugs purchased for inpatient use)'' after ``covered outpatient drugs''. SEC. 3. PROVIDING ACCESS TO DISCOUNTED DRUG PRICES FOR CRITICAL ACCESS HOSPITALS. (a) In General.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended-- (1) in subsection (a)(4), by adding at the end the following: ``(M) An entity that-- ``(i) is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act); and ``(ii) does not obtain covered outpatient drugs though a group purchasing organization or other group purchasing arrangement (not including such drugs purchased for inpatient use).''; (2) in subsection (b), as amended by section 2(a), by inserting ``or subsection (a)(4)(M)'' after ``subsection (a)(4)(L)''; and (3) in subsection (c)(1), as added by inserting ``or subsection (a)(4)(M)'' after ``subsection (a)(4)(L)''. (b) Exclusion From Medicaid Best Price Calculations.--Section 1927(c)(1)(C)(i)(I) of the Social Security Act (42 U.S.C. 1396r- 8(c)(1)(C)(i)(I)) is amended by inserting ``and to critical access hospitals described in section 340B(a)(4)(M) of such Act'' after ``Public Health Service Act''. (c) Effective Date.--The amendments made by this section shall apply to drugs purchased on or after January 1, 2006.

Safety Net Inpatient Drug Affordability Act - Amends the Public Health Service Act to expand the discount drug program to include any inpatient or outpatient drug purchased by qualified hospitals without a group purchasing arrangement. (Currently, such hospitals are only allowed to purchase discounted outpatient drugs.) Requires such hospitals to provide the state with a rebate on the estimated annual costs of single source, innovator multiple source, and noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. Sets forth a method for calculating the amount of such rebate. Allows critical access hospitals that do not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement to participate in the discount drug program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Loan Consumer Protection Act''. SEC. 2. DISCLOSURE SIMPLIFICATION AND IMPROVEMENT. (a) More Accurate Finance Charge.--Subsection (e) of section 106 of the Truth in Lending Act (15 U.S.C. 1605(e)) is amended to read as follows: ``(e) Exclusion of Certain Escrows.--Escrows for future payments of taxes and insurance shall not be included in the computation of the finance charge with respect to any extension of credit secured by an interest in real property.''. (b) More Understandable Disclosure Statements.--Section 4(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following new paragraph: ``(2) In developing and prescribing such form, the Secretary shall clearly delineate, and provide a box for totals for, the following 3 types of charges: ``(A) `Closing Costs', which shall include all noninterest costs that the consumer is required to pay as a condition for receiving the extension of credit. Fees paid to or collected by the lender may be itemized by purpose, but must also be totaled up and shown separately under the heading `Total Lender Fees'. ``(B) `Prepaid Items', which shall include prepaid interest, funds deposited into any escrow account, and any other items required by the lender to be paid in advance. ``(C) `All Other Costs Paid At Closing', which shall include all costs paid at the time of closing that are neither Closing Costs nor Prepaid Items.''. (c) Harmonization of Good Faith Estimate and Settlement Statement.--Section 5(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall, to the maximum extent, harmonize the terms and forms for the good faith estimate required under this subsection and the final settlement statement required under section 4, which shall include delineating, on the good faith estimate, the 3 types of charges specified under section 4(a)(2).''. SEC. 3. ADVANCE AVAILABILITY OF FINAL SETTLEMENT STATEMENT. Section 4(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(b)) is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) in the first sentence, by striking ``at or before settlement'' and inserting ``at least 2 days before settlement''; and (3) by striking the last sentence. SEC. 4. PROHIBITION AGAINST MARKUPS AND UNDISCLOSED LENDER FEES. (a) Requirement to Disclose All Lender Fees.--Section 4 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended by adding at the end the following new subsection: ``(c)(1) All fees paid to or collected by a lender in connection with a federally related mortgage loan shall be clearly disclosed as being paid to such lender on the settlement statement for such mortgage loan.''. (b) Prohibition of Markups and Unearned Fees.--Section 8(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(b)) is amended by insert after the period at the end the following: ``This subsection prohibits markups of the cost of services performed or goods provided by another settlement service provider, and fees charged or collected by one settlement service provider where no, nominal, or duplicative work is done.''. SEC. 5. ENHANCED CONSUMER ASSISTANCE. Section 5(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(b)) is amended-- (1) in paragraph (4) by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraphs: ``(6) an explanation of the issues regarding the cost- efficiency of refinancing a mortgage loan, including the tradeoffs between mortgage interest rates and closing costs (including tax considerations), and other factors that may affect a mortgagor's decision to refinance; and ``(7) an explanation that some lenders may offer the mortgagor the option to pay some fees up-front or in the form of a higher mortgage interest rate, and assistance in evaluating this type of option.''. SEC. 6. ADDITIONAL ESCROW ACCOUNT PROTECTIONS. Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609) is amended by adding at the end the following new subsections: ``(e) Liability of Servicers.--A servicer (as such term is defined in section 6(i)) for a federally related mortgage loan, in connection with which an escrow account is established, shall be liable to the borrower for any fees, penalties, and other charges that arise out of the servicer's failure to make timely payment of taxes, insurance premiums, or other charges that are required to be paid out of such escrow account. ``(f) Force-Placed Hazard Insurance.--A servicer for a federally related mortgage loan may not receive any portion of any charge, rebate, or other fee associated with any force-placed hazard insurance in connection with such loan that arises from the servicer's failure to make timely payment of insurance premiums. ``(g) Timely Crediting of Escrow Funds.-- ``(1) Requirement.--The servicer for a federally related mortgage loan shall return to the borrower under such loan any amounts remaining in any escrow account established for such loan, as follows: ``(A) Notice of payment.--If the borrower provides written notice to the servicer of intent to pay a loan in full not less than 7 days before such payment, such amounts shall be returned not later than the date that such loan is paid in full. Such return of funds may be in the form of an offset against the amount required to pay the loan in full. ``(B) General deadline.--In no case shall such amounts be returned later than 21 days after the date that the loan is paid in full. ``(2) Liability for failure to return escrow amounts.--A servicer who fails to comply with the requirements under paragraph (1) shall be liable to the borrower under the loan for the unreturned amount, plus a penalty equal to the sum of 20 percent of the unreturned amount plus 1 percent for each month that such amounts remain unreturned to the borrower.''. SEC. 7. ENFORCEMENT OF RESPA CONSUMER PROTECTIONS. (a) Uniform Enforcement Provisions.--The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 12 (12 U.S.C. 2610) the following new section: ``SEC. 13. DAMAGES AND COSTS. ``Whoever fails to comply with any provision of section 4, 5, 6, or 10(c) shall be liable to the borrower for each such failure in an amount equal to the sum of the following: ``(1) Actual damages.--Any actual damages to the borrower as a result of such failure. ``(2) Additional damages.--Any additional damages, as the court may allow, in an amount not to exceed $2,000 for each loan. ``(3) Costs.--In the case of any successful action for damages pursuant to this section, the costs of the action, together with any attorneys' fees incurred in connection with such action as the court may determine to be reasonable under the circumstances.''. (b) Superseded Enforcement Provisions.--The Real Estate Settlement Procedures Act of 1974 is amended-- (1) in section 6 (12 U.S.C. 2605), by striking subsection (f); and (2) in section 10 (12 U.S.C. 2609), by striking subsection (d). (c) Jurisdiction of Courts and Statute of Limitations.--Section 16 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) is amended-- (1) by striking ``, or 9'' and inserting ``, 9, 10, or 13''; and (2) by striking ``in the case of a violation of section 6'' and all that follows through ``may be brought within 3 years''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Mortgage Loan Consumer Protection Act - Amends the Truth in Lending Act, with respect to credit extensions secured by a real property interest, to revise the category of excluded finance charge items.Amends the Real Estate Settlement Procedures Act, with respect to the uniform settlement statement, to require: (1) separate lines for "closing costs, "prepaid items," and "all other costs paid at closing"; (2) at least two days' advance availability of the final settlement statement; and (3) disclosure of all lender fees.Provides, with respect to special information booklets, for: (1) harmonization of good faith estimates and settlement statements; and (2) inclusion of refinancing and upfront payment option information.Prohibits markups and unearned fees.Sets forth servicer escrow-related liabilities.Revises damage and cost, and jurisdiction and statute of limitations provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Our Largest Dementia Infrastructure for Alzheimer's Act'' or the ``BOLD Infrastructure for Alzheimer's Act''. SEC. 2. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF ALZHEIMER'S DISEASE, COGNITIVE DECLINE, AND BRAIN HEALTH UNDER THE ALZHEIMER'S DISEASE AND HEALTHY AGING PROGRAM. Part K of title III of the Public Health Service Act (42 U.S.C. 280c et seq.) is amended-- (1) in the part heading, by adding ``and public health programs for dementia'' at the end; and (2) in subpart II-- (A) by striking the subpart heading and inserting the following: ``Subpart II--Programs With Respect to Alzheimer's Disease and Related Dementias''; and (B) by striking section 398A (42 U.S.C. 280c-4) and inserting the following: ``SEC. 398A. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF ALZHEIMER'S DISEASE AND RELATED DEMENTIAS. ``(a) Alzheimer's Disease and Related Dementias Public Health Centers of Excellence.-- ``(1) In general.--The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the heads of other agencies as appropriate, shall award grants, contracts, or cooperative agreements to eligible entities, such as institutions of higher education, State, tribal, and local health departments, Indian tribes, tribal organizations, associations, or other appropriate entities for the establishment or support of regional centers to address Alzheimer's disease and related dementias by-- ``(A) advancing the awareness of public health officials, health care professionals, and the public, on the most current information and research related to Alzheimer's disease and related dementias, including cognitive decline, brain health, and associated health disparities; ``(B) identifying and translating promising research findings, such as findings from research and activities conducted or supported by the National Institutes of Health, including Alzheimer's Disease Research Centers authorized by section 445, into evidence-based programmatic interventions for populations with Alzheimer's disease and related dementias and caregivers for such populations; and ``(C) expanding activities, including through public- private partnerships related to Alzheimer's disease and related dementias and associated health disparities. ``(2) Requirements.--To be eligible to receive a grant, contract, or cooperative agreement under this subsection, an entity shall submit to the Secretary an application containing such agreements and information as the Secretary may require, including a description of how the entity will-- ``(A) coordinate, as applicable, with existing Federal, State, and tribal programs related to Alzheimer's disease and related dementias; ``(B) examine, evaluate, and promote evidence-based interventions for individuals with Alzheimer's disease and related dementias, including underserved populations with such conditions, and those who provide care for such individuals; and ``(C) prioritize activities relating to-- ``(i) expanding efforts, as appropriate, to implement evidence-based practices to address Alzheimer's disease and related dementias, including through the training of State, local, and tribal public health officials and other health professionals on such practices; ``(ii) supporting early detection and diagnosis of Alzheimer's disease and related dementias; ``(iii) reducing the risk of potentially avoidable hospitalizations of individuals with Alzheimer's disease and related dementias; ``(iv) reducing the risk of cognitive decline and cognitive impairment associated with Alzheimer's disease and related dementias; ``(v) enhancing support to meet the needs of caregivers of individuals with Alzheimer's disease and related dementias; ``(vi) reducing health disparities related to the care and support of individuals with Alzheimer's disease and related dementias; ``(vii) supporting care planning and management for individuals with Alzheimer's disease and related dementias; and ``(viii) supporting other relevant activities identified by the Secretary or the Director of the Centers for Disease Control and Prevention, as appropriate. ``(3) Considerations.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall consider, among other factors, whether the entity-- ``(A) provides services to rural areas or other underserved populations; ``(B) is able to build on an existing infrastructure of services and public health research; and ``(C) has experience with providing care or caregiver support, or has experience conducting research related to Alzheimer's disease and related dementias. ``(4) Distribution of awards.--In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary, to the extent practicable, shall ensure equitable distribution of awards based on geographic area, including consideration of rural areas, and the burden of the disease within sub-populations. ``(5) Data reporting and program oversight.--With respect to a grant, contract, or cooperative agreement awarded under this subsection, not later than 90 days after the end of the first year of the period of assistance, and annually thereafter for the duration of the grant, contract, or agreement (including the duration of any renewal period as provided for under paragraph (5)), the entity shall submit data, as appropriate, to the Secretary regarding-- ``(A) the programs and activities funded under the grant, contract, or agreement; and ``(B) outcomes related to such programs and activities. ``(b) Improving Data on State and National Prevalence of Alzheimer's Disease and Related Dementias.-- ``(1) In general.--The Secretary shall, as appropriate, improve the analysis and timely reporting of data on the incidence and prevalence of Alzheimer's disease and related dementias. Such data may include, as appropriate, information on cognitive decline, caregiving, and health disparities experienced by individuals with cognitive decline and their caregivers. The Secretary may award grants, contracts, or cooperative agreements to eligible entities for activities under this paragraph. ``(2) Eligibility.--To be eligible to receive a grant, contract, or cooperative agreement under this subsection, an entity shall be a public or nonprofit private entity, including institutions of higher education, State, local, and tribal health departments, and Indian tribes and tribal organizations, and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Data sources.--The analysis, timely public reporting, and dissemination of data under this subsection may be carried out using data sources such as the following: ``(A) The Behavioral Risk Factor Surveillance System. ``(B) The National Health and Nutrition Examination Survey. ``(C) The National Health Interview Survey. ``(c) Improved Coordination.--The Secretary shall ensure that activities and programs related to dementia under this section do not unnecessarily duplicate activities and programs of other agencies and offices within the Department of Health and Human Services.''. SEC. 3. SUPPORTING STATE PUBLIC HEALTH PROGRAMS RELATED TO ALZHEIMER'S DISEASE AND RELATED DEMENTIAS. Section 398 of the Public Health Service Act (42 U.S.C. 280c-3) is amended-- (1) in the section heading, by striking ``establishment of program'' and inserting ``cooperative agreements to states and public health departments for alzheimer's disease and related dementias''; (2) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the heads of other agencies, as appropriate, shall award cooperative agreements to health departments of States, political subdivisions of States, and Indian tribes and tribal organizations, to address Alzheimer's disease and related dementias, including by reducing cognitive decline, helping meet the needs of caregivers, and addressing unique aspects of Alzheimer's disease and related dementias to support the development and implementation of evidence-based interventions with respect to-- ``(1) educating and informing the public, based on evidence- based public health research and data, about Alzheimer's disease and related dementias; ``(2) supporting early detection and diagnosis; ``(3) reducing the risk of potentially avoidable hospitalizations for individuals with Alzheimer's disease and related dementias; ``(4) reducing the risk of cognitive decline and cognitive impairment associated with Alzheimer's disease and related dementias; ``(5) improving support to meet the needs of caregivers of individuals with Alzheimer's disease and related dementias; ``(6) supporting care planning and management for individuals with Alzheimer's disease and related dementias. ``(7) supporting other relevant activities identified by the Secretary or the Director of the Centers for Disease Control and Prevention, as appropriate''.; and (3) by striking subsection (b); (4) by redesignating subsection (c) as subsection (g); (5) by inserting after subsection (a), the following: ``(b) Preference.--In awarding cooperative agreements under this section, the Secretary shall give preference to applications that focus on addressing health disparities, including populations and geographic areas that have the highest prevalence of Alzheimer's disease and related dementias. ``(c) Eligibility.--To be eligible to receive a cooperative agreement under this section, an eligible entity (pursuant to subsection (a)) 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 a plan that describes-- ``(1) how the applicant proposes to develop or expand, programs to educate individuals through partnership engagement, workforce development, guidance and support for programmatic efforts, and evaluation with respect to Alzheimer's disease and related dementias, and in the case of a cooperative agreement under this section, how the applicant proposes to support other relevant activities identified by the Secretary or Director of the Centers for Disease Control and Prevention, as appropriate. ``(2) the manner in which the applicant will coordinate with Federal, tribal, and State programs related to Alzheimer's disease and related dementias, and appropriate State, tribal, and local agencies, as well as other relevant public and private organizations or agencies; and ``(3) the manner in which the applicant will evaluate the effectiveness of any program carried out under the cooperative agreement. ``(d) Matching Requirement.--Each health department that is awarded a cooperative agreement under subsection (a) shall provide, from non- Federal sources, an amount equal to 30 percent of the amount provided under such agreement (which may be provided in cash or in-kind) to carry out the activities supported by the cooperative agreement. ``(e) Waiver Authority.--The Secretary may waive all or part of the matching requirement described in subsection (d) for any fiscal year for a health department of a State, political subdivision of a State, or Indian tribe and tribal organization (including those located in a rural area or frontier area), if the Secretary determines that applying such matching requirement would result in serious hardship or an inability to carry out the purposes of the cooperative agreement awarded to such health department of a State, political subdivision of a State, or Indian tribe and tribal organization.''; (6) in subsection (f) (as so redesignated), by striking ``grant'' and inserting ``cooperative agreement''; and (7) by adding at the end the following: ``(f) Non-duplication of Effort.--The Secretary shall ensure that activities under any cooperative agreement awarded under this subpart do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human Services related to-- ``(1) activities of centers of excellence with respect to Alzheimer's disease and related dementias described in section 398A; and ``(2) activities of public health departments with respect to Alzheimer's disease and related dementias described in this section.''. SEC. 4. ADDITIONAL PROVISIONS. Section 398B of the Public Health Service Act (42 U.S.C. 280c-5) is amended-- (1) in subsection (a)-- (A) by inserting ``or cooperative agreement'' after ``grant'' each place that such appears; (B) by striking ``section 398(a) to a State unless the State'' and inserting ``sections 398 or 398A to an entity unless the entity''; and (C) by striking ``10'' and inserting ``5''; (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (4) in subsection (b) (as so redesignated)-- (A) in the matter preceding paragraph (1), by striking ``section 398(a) to a State unless the State'' and inserting ``sections 398 or 398A to an entity unless the entity''; (B) in paragraph (1), by striking ``expenditures required in subsection (b);'' and inserting ``expenditures;''; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1)-- (i) by striking ``each demonstration project for which a grant'' and inserting ``the activities for which an award''; and (ii) by striking ``section 398(a)'' and inserting ``sections 398 or 398A''; and (B) in paragraph (2), by striking ``6 months'' and inserting ``1 year''; (6) by inserting after subsection (c) (as so redesignated), the following: ``(d) Definition.--In this subpart, the terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act.''; and (7) in subsection (e), by striking ``$5,000,000 for each of the fiscal years 1988 through 1990'' and all that follows through ``2002'' and inserting ``$20,000,000 for each of fiscal years 2020 through 2024''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Building Our Largest Dementia Infrastructure for Alzheimer's Act or the BOLD Infrastructure for Alzheimer's Act This bill amends the Public Health Service Act to award cooperative agreements: (1) for the establishment or support of national or regional centers of excellence in public health practice in Alzheimer's disease; (2) to state public health departments, Native American tribes, and other entities to promote cognitive functioning, address cognitive impairment and unique aspects of Alzheimer's disease, and help meet the needs of caregivers; (3) for analysis and public reporting of data on the state and national levels regarding cognitive decline, caregiving, and health disparities, and monitoring of objectives on dementia and caregiving in the Department of Health and Human Services' Healthy People 2020 report.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Duplication Elimination Act of 2015''. SEC. 2. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. Title II of the joint resolution entitled ``A joint resolution increasing the statutory limit on the public debt'' (Public Law 111- 139; 21 U.S.C. 712 note) is amended by adding at the end the following: ``SEC. 22. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. ``(a) Definitions.--In this section-- ``(1) the term `GAO report' means the annual report on duplication, consolidation, and elimination of duplicative government programs required under section 21; and ``(2) the term `joint resolution' means only a joint resolution that-- ``(A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and ``(B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. ``(b) Submission of Proposed Bill.-- ``(1) In general.--Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. ``(2) Contents of special message.--A special message shall specify-- ``(A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; ``(B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and ``(C) recommendations outlined in the GAO report that are included in the proposed joint resolution. ``(3) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. ``(4) Public availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Procedures for Expedited Consideration.-- ``(1) Introduction.--A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(2) No referral.--A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. ``(3) Motion to proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. ``(4) Expedited consideration in the house of representatives.--In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. ``(5) Expedited procedure in the senate.-- ``(A) Consideration.--In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. ``(B) Passage.--If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. ``(C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(6) Points of order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). ``(7) Amendment.--A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. ``(8) Consideration by the other house.-- ``(A) In general.--If, before passing a joint resolution, one House receives from the other a joint resolution-- ``(i) the joint resolution from the other House shall not be referred to a committee; and ``(ii) with respect to a joint resolution of the House receiving the joint resolution-- ``(I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but ``(II) the vote on final passage shall be on the joint resolution of the other House. ``(B) Revenue measure exception.--This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. ``(9) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.''.

Duplication Elimination Act of 2015 This bill requires the President to send Congress a proposed joint resolution and a special message within 90 days of publication of the annual Government Accountability Office (GAO) report on duplicative government programs. The joint resolution is limited to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report and included by the President, and (2) requires savings from the legislative changes to be transferred to the Treasury for deficit reduction. The bill requires the special message to specify: the GAO recommendations that are excluded from the proposed joint resolution, why the recommendations were excluded, and the GAO recommendations included in the joint resolution. The bill sets forth expedited procedures for congressional consideration of the joint resolution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 723 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 30,000,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (4) The National Institute on Deafness and other Communication Disorders estimates that 1 in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The Secretary of Commerce shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this Act, an eligible entity is a court reporting program that-- (1) can document and demonstrate to the Secretary of Commerce that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers qualified to provide captioning services; (2) is accredited by an accrediting agency recognized by the Department of Education; and (3) is participating in student aid programs under title IV of the Higher Education Act of 1965. (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Commerce shall give a priority to eligible entities that, as determined by the Secretary-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 2 years. (e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant under subsection (d). SEC. 4. APPLICATION. (a) In General.--To receive a grant under section 3, an eligible entity shall submit an application to the Secretary of Commerce at such time and in such manner as the secretary may require. The application shall contain the information set forth under subsection (b). (b) Information.--Information in the application of an eligible entity under subsection (a) for a grant under section 3 shall include the following: (1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers. (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (6) Additional information, if any, of the eligibility of the eligible entity for priority in the making of grants under section 3(c). (7) Such other information as the Secretary may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including-- (1) recruitment; (2) subject to subsection (b), the provision of scholarships; (3) distance learning; (4) further developing and implementing both English and Spanish curriculum to more effectively train realtime writing skills, and education in the knowledge necessary for the delivery of high-quality closed captioning services; (5) mentoring students to ensure successful completion of the realtime training and provide assistance in job placement; (6) encouraging individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for all such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Commerce or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Commerce or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use not more than 5 percent of the amount available for grants under this Act in any fiscal year for administrative costs of the program. (d) Supplement Not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. SEC. 6. REPORTS. (a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Commerce, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 4(b). (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Commerce shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Commerce to carry out this Act $20,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act.

Training for Realtime Writers Act of 2007 - Directs the Secretary of Commerce to make competitive grants to eligible entities to promote recruitment, training, and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth priorities in making grants. Limits grants to $1.5 million for a two-year period. Repeals this Act five years after funds are appropriated to carry it out.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Dunlap Band of Mono Indians Reaffirmation Act''. (b) Definitions.--In this Act: (1) Tribe.--The term ``Tribe'' means the Dunlap Band of Mono Indians. (2) Secretary.--The term ``Secretary'' means the Secretary of Interior. (3) Service area.--The term ``service area'' refers to the county of Fresno, located within the State of California, and as used under section 20.100 of title 25, Federal Code of Regulations, including for the purpose of delivery of Federal services to Indians. SEC. 2. REAFFIRMATION OF FEDERAL RECOGNITION. Federal recognition of the Dunlap Band of Mono Indians is hereby reaffirmed. All Federal laws of general application to Indians and Indian tribes shall apply with respect to the Tribe. SEC. 3. REAFFIRMATION OF RIGHTS AND PRIVILEGES. All rights and privileges of the Tribe and members of the Tribe that may have been abrogated or diminished or lost as a result of administrative oversight or neglect, or as a result of implementation of the termination policy of the Federal Government in the State of California, are hereby reaffirmed to the Tribe and its members. SEC. 4. FEDERAL PROGRAMS AND SERVICES. Beginning on the date of the enactment of this Act, the Tribe and members of the Tribe shall be eligible for all programs, benefits, and services provided by the United States to Indians and Indian tribes, without regard to the existence of a reservation for the Tribe. In the case of programs or services available to Indians residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. The eligibility for, or receipt of, services and benefits under this section by the Tribe or its individual members shall not be considered as income, resources, or otherwise when determining the eligibility for, or computation of, any payment or other benefit to the Tribe, individuals, or households under any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or any other benefit to which the Tribe, individuals, or households would otherwise be entitled under any Federal or federally assisted program. SEC. 5. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE. (a) Lands To Be Taken Into Trust.--On application by the Tribe, the Secretary shall take into trust for the benefit of the Tribe any real property located within a 15 mile radius from the center of Dunlap, California, a point located at 36.738 degrees North, 119.120 degrees West, if the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to the property (including outstanding liens, mortgages, and taxes). (b) Interests in Trust Allotment.--Subject to subsection (a), real property eligible for trust status under this section shall include interests in current and former Indian trust allotments held by members of the Tribe or by such member's Indian heirs or successors in interest. (c) Trust Interests.--On application by the Tribe, and pursuant to the consent of the Tribe's member or such member's Indian heirs or successors in interest holding a trust interest in an Indian trust allotment, the Secretary shall approve conveyance of those interests from such persons to the Tribe. (d) Fee Interests.--On application by the Tribe, and pursuant to the consent of the Tribe's member or such member's Indian heirs or successors in interest who possess or have acquired a fee interest in an Indian trust allotment, the Secretary shall take the fee interest into trust for the benefit of the Tribe. (e) Lands To Be Part of Reservation.--Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be part of the Tribe's reservation. (f) Limitation Under IGRA.--Application of section 20 (b)(1)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) shall be limited to real property taken into trust by the Secretary under this section. SEC. 6. INITIAL MEMBERSHIP. (a) Compilation of Tribal Membership Rolls.-- The Secretary shall, after consultation with the Tribe, compile a base membership roll of the Tribe within one year after the date of enactment of this Act. The base membership roll shall include only individuals who are living, are not members of any other federally recognized Indian tribe, have not relinquished membership in the Tribe, and who meet the eligibility criteria under subsection (b). (b) Eligibility Criteria for Base Roll.--The following individuals are eligible for inclusion on the base membership roll of the Tribe-- (1) all persons of Entimbitch or Woponunch ancestry whose names appear on any of the following Indian rolls-- (A) the official roll of California Indians prepared pursuant to the Act of May 12, 1928 (45 Stat. 502), as approved by the Secretary of the Interior on May 16, 1933; (B) the 1944 rolls prepared for the 1944 land claim enrollment of California Indians; (C) the roll prepared for the 1964 land claim enrollment of California Indians; or (D) the 1940 Census taken in Fresno County, California; and (2) all \1/32\ degree descendants of the individuals identified in subsection (b)(1). (c) Future Membership.--After adoption of a Tribal constitution pursuant to this Act, the Tribe's constitution shall govern membership in the Tribe. (d) Conclusive Proof of Indian Ancestry.--For the purpose of subsection (b), the Secretary shall-- (1) accept any available evidence establishing a person's Dunlap Mono ancestral relationship to the Tribe; (2) accept as conclusive evidence of such ancestry, information contained in-- (A) any census of the Indians in or near Dunlap prepared by Special Indian Agents of the Federal Government; or (B) in any other roll, census, or list of Indians from the Dunlap area prepared by, or at the direction of, the Bureau of Indian Affairs. SEC. 7. INTERIM GOVERNMENT. The governing body of the Tribe shall serve as Interim Tribal Council until the Tribe ratifies its constitution consistent with section 9. The initial membership of the Interim Tribal Council shall consist of the members of the Tribal Council elected pursuant to the Tribe's constitution as adopted on June 19, 1999, and serving on the date of the enactment of this Act. The Interim Tribal Council shall continue to operate in the manner prescribed for the Tribal Council under the Tribe's constitution as adopted on June 19, 1999, until the Tribe ratifies its constitution pursuant to section 9. Any vacancies on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 7(b) and who are elected in the same manner as are Tribal Council members pursuant to the Tribe's constitution. SEC. 8. CONSTITUTION. (a) Election; Time and Procedure.--The Secretary shall conduct an election by secret ballot for the purpose of ratifying a constitution for the Tribe upon the written request of the Interim Tribal Council and after the compilation of the Tribal membership roll pursuant to section 7. The election shall be consistent with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 (the Indian Reorganization Act, 25 U.S.C. 476(c)(1) and 476(c)(2)(A)). Voting members shall be permitted to cast absentee ballots regardless of their residence. (b) Election of Tribal Officials.--The Secretary shall conduct elections by secret ballot for the purpose of electing Tribal officials as provided in the Tribe's constitution not later than 120 days after the Tribe ratifies its constitution under subsection (a). Such elections shall be conducted according to the procedures specified in subsection (a), except to the extent that such procedures conflict with the Tribe's constitution. SEC. 9. REGULATIONS. The Secretary may promulgate such regulations as are necessary to carry out the provisions of this Act.

Dunlap Band of Mono Indians Reaffirmation Act - Reaffirms federal recognition of the Dunlap Band of Mono Indians (the Tribe). Makes all federal laws of general application to Indians and Indian tribes applicable with respect to the Tribe. Reaffirms all rights and privileges of the Tribe and members of the Tribe which may have been abrogated or diminished or lost as a result of administrative oversight or neglect, or as a result of implementation of the termination policy of the federal government in California to the Tribe and its members. Makes the Tribe and its members eligible for all programs, benefits, and services provided by the United States to Indians and Indian tribes. Requires the Secretary of the Interior to take into trust specified real property for the benefit of the Tribe. Makes any real property taken into trust become part of the Tribe's reservation. Sets forth requirements regarding: (1) the initial membership of the Tribe; (2) the interim government of the Tribe; and (3) a constitution for the Tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for the Uninsured on Rx Expenses (SURE) Act of 2005''. SEC. 2. DRUG DISCOUNT CARD PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall establish a program under this section to endorse prescription drug discount card programs that meet the requirements of this section in order to provide access to prescription drug discounts through prescription drug card sponsors for eligible individuals throughout the United States. The program is modeled on the medicare prescription drug discount card program under section 1860D-31 of the Social Security Act, but without any transitional assistance program as described in subsection (g) of such section. (2) Deadline.--The Secretary shall implement the program under this section so that discount cards are first available by not later than 6 months after the date of the enactment of this Act. (3) Voluntary nature of program.--Nothing in this section shall be construed as requiring an eligible individual to enroll in an endorsed discount card program under this section. (4) Administration.--The Secretary shall provide for the establishment and administration of the program under this section through an office in the Department of Health and Human Services that is separate from the Centers for Medicare & Medicaid Services. The Secretary may promulgate regulations to carry out this section. (b) Definitions.-- (1) Eligible individual.--For purposes of this section, the term ``eligible individual'' means any individual who-- (A) is a citizen or national of the United States or is an alien lawfully admitted to the United States for permanent residence or otherwise permanently residing in the United States under color of law; (B) is not eligible for outpatient prescription drug coverage; and (C) is not eligible to enroll for prescription drug coverage under part D of title XVIII of the Social Security Act. (2) Outpatient prescription drug coverage.--For purposes of paragraph (1)(B), the term ``outpatient prescription drug coverage'' means coverage of prescription drugs on an outpatient basis under health insurance, a group health plan, or other form of health benefits coverage (such as under the Federal employees health benefits program, under the medicaid program or the State children's health insurance program (SCHIP), under a program of the Indian Health Service (IHS), under a program of the Department of Veterans Affairs or the Department of Defense). Such term does not include coverage under a high deductible plan or benefits under a health savings account or flexible spending account. (3) Covered discount card drug.--For purposes of this section, the term ``covered discount card drug'' means at least those drugs that are covered part D drugs under section 1860D- 2(e) of the Social Security Act. (c) Enrollment and Enrollment Fees.--The provisions of subsection (c) of section 1860D-31 of the Social Security Act shall apply under this section in the same manner as they apply under such section, except that-- (1) the enrollment forms shall be such enrollment forms as may be established for purposes of carrying out this section; (2) notwithstanding paragraph (1)(C)(ii) of such subsection, there shall be an annual open enrollment process for eligible individuals; (3) notwithstanding paragraph (2) of such subsection, the annual enrollment fee shall not be prorated for any year and shall continue for each year in which the program is in operation under this section; (4) there shall be no special provisions for transitional assistance for eligible individuals; and (5) the limitation on enrollment before January 1, 2006, under paragraph (1)(A)(ii) of such subsection shall not apply. (d) Provision of Information on Enrollment.--The provisions of subsection (d) of such section shall apply under this section in the same manner as they apply under such section, except that-- (1) the information disseminated shall include information concerning the use of health savings accounts to cover the costs of prescription drugs for which discounts are provided under this section; (2) there shall be a toll-free number, other than the medicare toll-free number, used to carry out paragraph (1)(D) of such subsection; (3) any special provisions relating to transitional assistance for eligible individuals shall not apply; and (4) the information disseminated does not need to include information on medicare options. (e) Discount Card and Eligibility Features; Qualification of Sponsors; Endorsement of Programs; Disclosure and Oversight.-- (1) Application of certain provisions.--The provisions of subsections (e) (other than paragraph (1)(D)), (f), (h) (other than paragraph (9)), and (i) of such section shall apply under this section in the same manner as they apply under such section, except that no provision relating to transitional assistance for eligible individuals shall apply. (2) Requirement for marketing plans.-- The Secretary shall require that sponsors of prescription drug discount card programs demonstrate that they have a marketing plan to reach out effectively to eligible individuals. (3) Additional information.--In addition to the use of information described in subsection (f)(3)(B) of such section for verification of eligibility, the Secretary shall also use-- (A) information on medicare eligibility; and (B) eligibility information made available to the Secretary under arrangements between the Secretary and the Secretaries of Veterans Affairs and Defense in connection with programs of the Departments of Veterans Affairs and Defense. (f) Miscellaneous Provisions.--There shall be no judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a prescription drug card sponsor under this section.

Savings for the Uninsured on Rx Expenses (SURE) Act of 2005 - Requires the Secretary of Health and Human Services to establish a prescription drug discount card program modeled on the Medicare drug discount card program to provide access to prescription drug discounts for eligible individuals. Defines as "eligible" an individual who: (1) is a U.S. citizen, national, or alien lawfully admitted for permanent residence; (2) is not eligible for outpatient prescription drug coverage; and (3) is not eligible to enroll for prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act. Applies the Medicare drug discount card program requirements related to enrollment and card features, with certain exceptions. Requires a prescription drug card sponsor to disseminate information concerning the use of health savings accounts to cover the costs of prescriptions drugs for which discounts are provided. Directs the Secretary to require that sponsors demonstrate that they have a marketing plan to effectively reach out to eligible individuals. Disallows judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a sponsor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Right to Know Act'' or the ``e-KNOW Act''. SEC. 2. FINDINGS. Congress finds that-- (1) improving consumers' understanding of and access to the electric energy usage information of the consumers will help consumers more effectively manage usage; (2) consumers have a right of access to the electric energy usage information of the consumers; (3) the right of access to electric energy usage information should be based on the need to have access to the information rather than on a specific type of smart metering technology and, as a result, all usage information platforms can compete and innovation will be fostered; (4) utilities should provide electric energy usage information based on the best capabilities of the metering technology currently deployed in the respective service areas or, on upgrade, based on standards recognized by the National Institute of Standards and Technology; (5) consumers should have the ability to access unaudited usage information directly from the electric meters of the consumers or from sources independent of the electric meters, and from sources independent of the utilities of the consumers; (6) consumers should retain the right to the privacy and security of electric energy usage information of the consumers created through usage; (7) consumers should have the right to control the electric energy usage information of the consumers and the right to privacy for the information when third party aggregators of data are involved in creation, management, or collection of the information; and (8) consumers should have the right to know how the authorized third-party data manager of the consumers will manage the retail electric energy information of the consumers once the manager has accessed the information. SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. (a) In General.--Title II of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. ``(a) Definitions.--In this section: ``(1) Retail electric energy information.--The term `retail electric energy information' means-- ``(A) the electric energy consumption of an electric consumer over a defined time period; ``(B) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in subparagraph (A) for the electric consumer; ``(C) the cost of usage by the consumer, including (if smart meter usage information is available) the estimated cost of usage since the last billing cycle of the consumer; and ``(D) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). ``(2) Smart meter.--Except as provided in subsection (e), the term `smart meter' means the device used by an electric utility that-- ``(A)(i) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and ``(ii) is capable of sending electric energy usage information through a communications network to the electric utility; or ``(B) meets the guidelines issued under subsection (h). ``(b) Consumer Rights.-- ``(1) In general.--Each electric consumer in the United States shall have the right to access (and to authorize 1 or more third parties to access) retail electric energy information of the electric consumer in-- ``(A) an electronic form, free of charge, in conformity with nationally recognized open standards developed by a nationally recognized standards organization; and ``(B) a manner that is timely and convenient and provides adequate protections for the security of the information and the privacy of the electric consumer. ``(2) Smart meters.--In the case of an electric consumer that is served by a smart meter that can also communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, the consumer shall, at a minimum, have the right to access (and to authorize 1 or more third parties to access) usage information in read-only format directly from the smart meter. ``(3) Provider of information.--The information required under this subsection shall be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority. ``(c) Information.--The right to access retail electric energy information under subsection (b) includes, at a minimum-- ``(1)(A) in the case of an electric consumer that is served by a smart meter, the right to access retail electric energy information-- ``(i) in machine readable form, not more than 48 hours after consumption has occurred; or ``(ii) in accordance with the guidelines issued under subsection (h); or ``(B) in the case of an electric consumer that is not served by a smart meter, the right to access retail electric energy information in machine readable form as expeditiously after the time of receipt in a data center (including information provided by third party services) as is reasonably practicable and as prescribed by the applicable electric retail regulatory authority; and ``(2) except as otherwise provided in subsection (d)-- ``(A) in the case of an electric consumer that is served by a smart meter, data at a granularity that is-- ``(i) not less granular than the intervals at which the data is recorded and stored by the billing meter in use at the premise of the electric consumer; or ``(ii) in accordance with the guidelines issued under subsection (h); and ``(B) in the case of an electric consumer that is not served by a smart meter, data at granularity equal to the data used for billing the electric consumer, or more precise granularity, as prescribed by the applicable electric retail regulatory authority. ``(d) Electric Energy Information Retention.--An electric consumer shall have the right to access the retail electric energy information of the consumer, through the website of the electric utility or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred, unless a different period is prescribed by the applicable electric retail regulatory authority. ``(e) Data Security.--Access described in subsection (d) shall not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer, in accordance with the guidelines issued by the Commission under subsection (h). ``(f) Cost Recovery.--An electric utility providing retail electric energy information in accordance with otherwise applicable regulation of rates for the retail sale and delivery of electricity may recover in rates the cost of providing the information, if the cost is determined reasonable and prudent by the applicable electric retail regulatory authority. ``(g) Additional Available Information.--The right to access electric energy information shall extend to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility. ``(h) Guidelines for Electric Consumer Access.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Commission shall (after consultation with State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners, the Secretary of Energy, other appropriate Federal agencies, including the National Institute of Standards and Technology, consumer advocacy groups, utilities, and other appropriate entities, and after notice and opportunity for comment) issue guidelines that establish minimum national standards for implementation of the electric consumer right to access retail electric energy information under subsection (b). ``(2) State and local regulatory action.--In issuing the guidelines, the Commission shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard under section 111(d)(17). ``(3) Content.--The guidelines shall provide guidance on issues necessary to carry out this section, including-- ``(A) the timeliness and granularity of retail electric energy information; ``(B) appropriate nationally recognized open standards for data; ``(C) a definition of the term `smart meters'; and ``(D) protection of data security and electric consumer privacy, including consumer consent requirements. ``(4) Revisions.--The Commission shall periodically review and, as necessary, revise the guidelines to reflect changes in technology and the market for electric energy and services. ``(i) Enforcement.-- ``(1) Enforcement by state attorneys general.--If the attorney general of a State, or another official or agency of a State with competent authority under State law, has reason to believe that any electric utility that delivers electric energy at retail in the applicable State is not complying with the minimum standards established by the guidelines under subsection (h), the attorney general, official, or agency of the State, as parens patriae, may bring a civil action against the electric utility, on behalf of the electric consumers receiving retail service from the electric utility, in a district court of the United States of appropriate jurisdiction, to compel compliance with the standards. ``(2) Safe harbor.-- ``(A) In general.--No civil action may be brought against an electric utility under paragraph (1) if the Commission has, during the 2-year period ending on the date of the determination, determined that the electric utility adopted policies, requirements, and measures, as necessary, that comply with the standards established by the guidelines under subsection (h). ``(B) Procedures.--The Commission shall establish procedures to review the policies, requirements, and measures of electric utilities to assess, and issue determinations with regard to, compliance with the standards. ``(3) Effective date.--This subsection takes effect on the date that is 2 years after the date the guidelines under subsection (h) are issued.''. (b) Conforming Amendment.--The table of contents for the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end of the items relating to title II the following: ``Sec. 215. Electric consumer right to access electric energy information.''.

Electric Consumer Right to Know Act or e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in an electronic form, free of charge, in conformity with nationally recognized open standards developed by a nationally recognized standards organization, and in a manner that is timely and convenient and that provides adequate protections for the security of the information and the privacy of the electric consumer. Requires such information to be provided by the consumer's retail electricity provider (or such other entity as may be designated by the authority responsible for regulating the retail sale and delivery of electricity to the consumer). Identifies the type of retail electric energy information which the consumer has the right to access, including: (1) the consumer's electric energy consumption over a defined time period, and (2) the prices or rates applied to the consumer's electricity usage for such time period. Prohibits such access from interfering with or compromising the integrity, security, or privacy of the operations of a utility and the electric consumer, in accordance with the guidelines issued by the Federal Energy Regulatory Commission (FERC). Permits a utility providing retail electric energy information to recover in rates the cost of providing the information, if the cost is determined reasonable and prudent by the entity with jurisdiction over metering and retail electric service for the consumer. Directs FERC to: (1) issue guidelines that establish minimum national standards for implementation of the electric consumer right to access retail electric energy information, and (2) be guided by actions taken by state and local regulatory authorities to ensure electric consumer access to such information. Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action in federal district court to compel compliance with such standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Safe Act of 2017''. SEC. 2. IMMUNITY. (a) Definitions.--In this Act-- (1) the term ``Bank Secrecy Act officer'' means an individual responsible for ensuring compliance with the requirements mandated by subchapter II of chapter 53 of title 31, United States Code (commonly known as the ``Bank Secrecy Act''); (2) the term ``broker-dealer'' means a broker and a dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (3) the term ``covered agency'' means-- (A) a State financial regulatory agency, including a State securities or law enforcement authority and a State insurance regulator; (B) each of the entities represented in the membership of the Federal Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303); (C) the Securities and Exchange Commission; (D) a securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); (E) a law enforcement agency; and (F) a State or local agency responsible for administering adult protective service laws; (4) the term ``covered financial institution'' means-- (A) a credit union; (B) a depository institution; (C) an investment adviser; (D) a broker-dealer; (E) an insurance company; (F) an insurance agency; and (G) a transfer agent; (5) the term ``credit union'' has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); (6) the term ``depository institution'' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (7) the term ``exploitation'' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or a fiduciary, that-- (A) uses the resources of a senior citizen for monetary or personal benefit, profit, or gain; or (B) results in depriving a senior citizen of rightful access to or use of benefits, resources, belongings, or assets; (8) the term ``insurance agency'' means any business entity that sells, solicits, or negotiates insurance coverage; (9) the term ``insurance company'' has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)); (10) the term ``insurance producer'' means an individual who is required under State law to be licensed in order to sell, solicit, or negotiate insurance coverage; (11) the term ``investment adviser'' has the meaning given the term in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)); (12) the term ``investment adviser representative'' means an individual who-- (A) is employed by or associated with an investment adviser; and (B) does not perform solely clerical or ministerial acts; (13) the term ``registered representative'' means an individual who represents a broker-dealer in effecting or attempting to effect a purchase or sale of securities; (14) the term ``senior citizen'' means an individual who is not younger than 65 years of age; (15) the term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States; (16) the term ``State insurance regulator'' has the meaning given the term in section 315 of the Gramm-Leach-Bliley Act (15 U.S.C. 6735); (17) the term ``State securities or law enforcement authority'' has the meaning given the term in section 24(f)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4)); and (18) the term ``transfer agent'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Immunity From Suit.-- (1) Immunity for individuals.--An individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the suspected exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure-- (A) served as a supervisor or compliance officer (including as a Bank Secrecy Act officer) for, or, in the case of a registered representative, investment adviser representative, or insurance producer, was affiliated or associated with, a covered financial institution; and (B) made the disclosure-- (i) in good faith; and (ii) with reasonable care. (2) Immunity for covered financial institutions.--A covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if-- (A) the individual was employed by, or, in the case of a registered representative, insurance producer, or investment adviser representative, affiliated or associated with, the covered financial institution at the time of the disclosure; and (B) before the time of the disclosure, each individual described in section 3(a) received the training described in section 3. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed to limit the liability of an individual or a covered financial institution in a civil action for any act, omission, or fraud that is not a disclosure described in paragraph (1). SEC. 3. TRAINING. (a) In General.--A covered financial institution or a third party selected by a covered financial institution may provide the training described in subsection (b)(1) to each officer or employee of, or registered representative, insurance producer, or investment adviser representative affiliated or associated with, the covered financial institution who-- (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the professional duties of the individual; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Content.-- (1) In general.--The content of the training that a covered financial institution or a third party selected by the covered financial institution may provide under subsection (a) shall-- (A) be maintained by the covered financial institution and made available to a covered agency with examination authority over the covered financial institution, upon request, except that a covered financial institution shall not be required to maintain or make available such content with respect to any individual who is no longer employed by or affiliated or associated with the covered financial institution; (B) instruct any individual attending the training on how to identify and report the suspected exploitation of a senior citizen internally and, as appropriate, to government officials or law enforcement authorities, including common signs that indicate the financial exploitation of a senior citizen; (C) discuss the need to protect the privacy and respect the integrity of each individual customer of the covered financial institution; and (D) be appropriate to the job responsibilities of the individual attending the training. (2) Timing.--The training under subsection (a) shall be provided-- (A) as soon as reasonably practicable; and (B) with respect to an individual who begins employment with or becomes affiliated or associated with a covered financial institution after the date of enactment of this Act, not later than 1 year after the individual becomes employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a). (3) Records.--A covered financial institution shall-- (A) maintain a record of each individual who-- (i) is employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a); and (ii) has completed the training under subsection (a), regardless of whether the training was-- (I) provided by the covered financial institution or a third party selected by the covered financial institution; (II) completed before the individual was employed by or affiliated or associated with the covered financial institution; and (III) completed before, on, or after the date of enactment of this Act; and (B) upon request, provide a record described in subparagraph (A) to a covered agency with examination authority over the covered financial institution. SEC. 4. RELATIONSHIP TO STATE LAW. Nothing in this Act shall be construed to preempt or limit any provision of State law, except only to the extent that section 2 provides a greater level of protection against liability to an individual described in section 2(b)(1) or to a covered financial institution described in section 2(b)(2) than is provided under State law.

. Senior Safe Act of 2017 (Sec. 2) This bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 3) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Support Uniformed Patriots; Prevent Offenses and Restore Trust Act'' or the ``SUPPORT Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sexual assault prevention and response training for administrators and instructors of the Reserve Officers' Training Corps. Sec. 3. Strategy to prevent retaliation against members of the Armed Forces who report or intervene on behalf of the victim in instances of sexual assault. Sec. 4. Department of Defense civilian employee access to Special Victims' Counsel. Sec. 5. Improvements to Special Victims' Counsel program. Sec. 6. Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces. Sec. 7. Additional guidance regarding the use of mental health records. Sec. 8. Improvements to the implementation of changes to the Uniform Code of Military Justice. SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ADMINISTRATORS AND INSTRUCTORS OF THE RESERVE OFFICERS' TRAINING CORPS. (a) Training and Education Required.--The Secretary of a military department shall ensure that the commander of each unit of the Junior Reserve Officers' Training Corps or Senior Reserve Officers' Training Corps and all Professors of Military Science, senior military instructors, and civilian employees detailed, assigned, or employed as administrators and instructors of the Reserve Officers' Training Corps receive regular sexual assault prevention and response training and education. (b) Availability of Legal Assistance and Sexual Assault Prevention and Response Program Services.--The Secretary of a military department shall ensure that information regarding the availability of legal assistance and the services of the sexual assault prevention and response program of the Department of Defense is made available to the Reserve Officers' Training Corps personnel referred to in subsection (a). SEC. 3. STRATEGY TO PREVENT RETALIATION AGAINST MEMBERS OF THE ARMED FORCES WHO REPORT OR INTERVENE ON BEHALF OF THE VICTIM IN INSTANCES OF SEXUAL ASSAULT. (a) Strategy Required.--The Secretary of Defense shall establish a comprehensive strategy to prevent retaliation carried out by members of the Armed Forces against other members who report or otherwise intervene on behalf of the victim in instances of sexual assault. (b) Elements.--The comprehensive strategy required by subsection (a) shall include, at a minimum, the following: (1) Bystander intervention programs emphasizing the importance of guarding against such retaliation. (2) Department of Defense and military department policies and requirements to ensure protection from retaliation against victims of sexual assault and members who intervene on behalf of a victim. (3) Additional training for commanders on methods and procedures to combat attitudes and beliefs that lead to acts of retaliation by members. (c) Retaliation Described.--For purposes of this section, the term ``retaliation'' has the meaning given that term in the regulations issued by the Secretary of Defense pursuant to section 1709(b)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 113 note) and shall include ostracism and other acts of maltreatment designated by the Secretary pursuant to subparagraph (B) of such section. (d) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the comprehensive strategy required by subsection (a). SEC. 4. DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEE ACCESS TO SPECIAL VICTIMS' COUNSEL. Section 1044(a) of title 10, United States Code, is amended by adding the following new paragraph: ``(8) In any instance in which the victim of a sex-related offense is a Department of Defense civilian employee, the Secretary of Defense or the Secretary of a military department may waive the limitation outlined in paragraph (7) in order to permit the civilian employee to obtain the services of a Special Victims' Counsel under section 1044e of this title.''. SEC. 5. IMPROVEMENTS TO SPECIAL VICTIMS' COUNSEL PROGRAM. (a) Qualifications and Designation.--Section 1044e(d) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' before ``An individual''; (2) by designating existing paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following new paragraphs: ``(2) The Secretary of Defense shall direct the Secretary of each military department to implement additional selection criteria requiring that judge advocates have adequate criminal justice experience before they are assigned as Special Victims' Counsel. ``(3) The Secretary of Defense shall develop a policy to standardize both the timeframe within which Special Victims' Counsel receive training and the training that each Special Victims' Counsel receives.''. (b) Administrative Responsibility.--Section 1044e(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(3) The Secretary of Defense shall establish appropriate program performance measures and standards, including evaluating, monitoring, and reporting on the Special Victims' Counsel programs, establishing guiding principles for the military departments, and ensuring centralized, standardized assessment of program effectiveness and client satisfaction. ``(4) The Secretary of Defense shall direct the Secretary of each military department to perform regular evaluations to ensure that Special Victims' Counsel are assigned to locations that maximize the opportunity for face-to-face interactions between counsel and clients and to develop effective means by which a Special Victims' Counsel may communicate with a client when face-to-face communication is not feasible.''. SEC. 6. IMPROVED DEPARTMENT OF DEFENSE PREVENTION AND RESPONSE TO SEXUAL ASSAULTS IN WHICH THE VICTIM IS A MALE MEMBER OF THE ARMED FORCES. (a) Revised Training.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to revise sexual assault prevention and response training to more comprehensively and directly address the incidence of male servicemembers being sexually assaulted and how certain behavior and activities--like hazing--can constitute a sexual assault. (b) Evaluation of Differences in Medical and Mental Health-Care Needs.--The Secretary of Defense shall direct the Assistant Secretary of Defense for Health Affairs, in collaboration with the services' Surgeons General, to systematically evaluate the extent to which differences exist in the medical and mental health-care needs of male and female sexual assault victims, and the care regimen, if any, that will best meet those needs. (c) Improved Data Collection and Use.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to develop-- (1) a plan for data-driven decisionmaking for male victim sexual assault prevention and response program efforts; and (2) clear goals with associated metrics to drive the changes needed to address sexual assaults of males. (d) Improved Information to Members.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to include information about the sexual victimization of males in communications to servicemembers that are used to raise awareness of sexual assault and the department's efforts to prevent and respond to it. (e) Improved Guidelines for Providers.--The Secretary of Defense shall direct the Assistant Secretary of Defense for Health Affairs should, in collaboration with the services' Surgeons General, to develop and issue guidance for the department's medical and mental health providers--and other personnel, as appropriate--based on the results of this evaluation that delineates these gender-specific distinctions and the care regimen that is recommended to most effectively meet those needs. SEC. 7. ADDITIONAL GUIDANCE REGARDING THE USE OF MENTAL HEALTH RECORDS. The Secretary of Defense shall establish and issue uniform guidance to ensure that mental health records are neither sought from a medical treatment facility by investigators or military justice practitioners nor acknowledged or released by medical treatment facility personnel until the production of such mental health records have been ordered by a military judge or Article 32 hearing officer. SEC. 8. IMPROVEMENTS TO THE IMPLEMENTATION OF CHANGES TO THE UNIFORM CODE OF MILITARY JUSTICE. The Secretary of Defense shall examine the Department of Defense and interagency review process for implementing statutory changes to the Uniform Code of Military Justice and should explore options for streamlining these procedures. The Secretary shall adopt procedures that ensure that legal guidance is published as statutory changes to the Uniform Code of Military Justice are implemented.

Support Uniformed Patriots; Prevent Offenses and Restore Trust Act or the SUPPORT Act This bill directs the Secretary of a military department to ensure that: the commander of each unit of the Junior Reserve Officers' Training Corps or Senior Reserve Officers' Training Corps and all professors of military science, senior military instructors, and civilian employees assigned or employed as administrators and instructors of the Reserve Officers' Training Corps receive sexual assault prevention and response training and education; and information regarding legal assistance and the services of the Department of Defense (DOD) sexual assault prevention and response program is made available to such Reserve Officers' Training Corps personnel. The Secretary of DOD (Secretary) shall establish a strategy to prevent retaliation by members of the Armed Forces against other members who report or otherwise intervene on behalf of sexual assault victims. The Secretary or the Secretary of a military department may permit a DOD civilian employee who is a victim of a sex-related offense to obtain the services of a Special Victims' Counsel. The Secretary is directed to improve the Special Victims' Counsel program regarding: (1) criminal justice experience for judge advocates, (2) counsel training, (3) program performance standards, and (4) increased counsel-client communication. The Secretary shall: provide for revised sexual assault prevention and response training to address the incidence of male service members being sexually assaulted, and appropriate DOD mental and medical care (including improved provider guidelines) for male victims; ensure that mental health records are neither sought from a medical treatment facility by investigators or military justice practitioners nor acknowledged or released by medical treatment facility personnel until their production has been ordered by a military judge or Article 32 hearing officer; and examine DOD and interagency review process for implementing statutory changes to the Uniform Code of Military Justice and explore streamlining options.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Enhancement and Modification Act of 2008''. SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS FOR CERTAIN RESIDENTIAL MORTGAGE LOANS. (a) Standard for Loan Modifications or Workout Plans.--Absent specific contractual provisions to the contrary-- (1) the duty to maximize or not negatively affect, the recovery of total proceeds from pooled residential mortgage loans is owed by a servicer of such pooled loans to the securitization vehicle for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties; (2) a servicer of pooled residential mortgage loans shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate if-- (A) for a loan that is in payment default under the loan agreement or for which payment default is imminent or reasonably foreseeable, the loan servicer makes reasonable and documented efforts, which shall be made available to the investors and holders of beneficial interests in the pooled loans upon request, to implement a modification or workout plan; or (B) the efforts under subparagraph (A) are unsuccessful or such plan would be infeasible, engages in other loss mitigation, including accepting a short payment or partial discharge of principal, or agreeing to a short sale of the property, to the extent that the servicer reasonably believes the modification or workout plan or other mitigation actions will maximize the net present value to be realized on the loans over that which would be realized through foreclosure under the present terms of the contract; and (3) a servicer shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate, if the servicer makes efforts-- (A) to proactively contact borrowers that are reasonably considered to be approaching a calendar date in which a predetermined or contractually established rate of interest on the principal of the loan shall-- (i) increase or fluctuate in accordance with a designated market indicator or indicators; or (ii) increase or fluctuate within a predetermined range; and (B) to determine-- (i) the ability of the borrower to make payments following a reset of interest rates using common and appropriate metric standards such as debt to income ratios; (ii) whether the borrower is in danger of default or disclosure; and (iii) whether a loan modification or other mitigation effort is appropriate. (b) Safe Harbor.--Absent specific contractual provisions to the contrary, a servicer of a residential mortgage loan that acts in a manner consistent with the provisions set forth in subsection (a), shall not be liable for entering into a qualified loan modification, or other loss mitigation effort described in subsection (a) to-- (1) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest, and other payments in loans on the pool; (2) any person who is obligated to make payments determined in reference to any loan or any interest referred to in paragraph (1); (3) any person that insures any loan or any interest referred to in paragraph (1) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State; or (4) any other person or institution that may have a financial or commercial relationship and association with the persons associated in paragraphs (1) through (3). (c) Rule of Construction.--No provision of this section shall be construed as limiting the ability of a servicer to enter into loan modifications or workout plans other than qualified loan modification or workout plans. (d) Definitions.--As used in this section, the following definitions shall apply: (1) Qualified loan modification or workout plan.--The term ``qualified loan modification or workout plan'' means a modification or plan that-- (A) is scheduled to remain in place until the borrower sells or refinances the property, or for at least 5 years from the date of adoption of the plan, whichever is sooner; (B) does not provide for a repayment schedule that results in negative amortization at any time; (C) does not require the borrower to pay additional points and fees; (D) materially improves the ability of the borrower to-- (i) prevent foreclosure; and (ii) resume a reasonable repayment schedule based on, but not limited to, debt to income ratio; and (E) would reasonably reduce the likelihood of default of foreclosure during the life of the modification or plan; (F) may waive any prepayment penalties that reasonably inhibited a loan holder from fulfilling his ability to pay down the principal or maintain regular payments as defined by the terms of the loan; and (G) includes full and accurate disclosure to the borrower of the terms of the modification or workout plan, provided that such disclosures are executed in easy to understand terms that demonstrate how the borrower will benefit from the new terms in such modification or workout plan as compared with the terms and conditions of the previous loan of the borrower. (2) Residential mortgage loan.--The term ``residential mortgage loan'' means a loan that is secured by a lien on an owner-occupied residential dwelling. (3) Securitization vehicle.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (B) holds such loans. (e) Limitations on Safe Harbor.--Except for the provisions of section 2 that limit liability for efforts to pursue qualified loan modifications or workout plans, the provisions of this section shall not be construed to affect or limit any other liability, duty, or other fiduciary obligation of the servicer to the investors and holders of beneficial interests in the pooled loans to a securitization vehicle, as prescribed by any other specific contractual provision agreed upon, or any other liability, duty, or other fiduciary obligation set forth under any-- (1) law or regulation of the United States; (2) law or regulation of any State or political subdivision of any State; or (3) established and approved standards for best practices of any industry or trade group. (f) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated prior to January 1, 2012.

Mortgage Enhancement and Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that a servicer of such pooled loans owes a duty to the securitization vehicle to maximize, or not negatively affect, the recovery of total proceeds from such loans for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer: (1) makes reasonable, documented efforts to implement a modification or workout plan for a loan in or facing payment default; or (2) engages in other loss mitigation efforts, if the former efforts fail or the plan would be infeasible, in the reasonable belief that such efforts will maximize the net present value to be realized over that which would be realized through foreclosure. Declares, furthermore, that a servicer shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and beneficial interest holders if the servicer makes efforts to: (1) contact proactively borrowers approaching a calendar date in which a predetermined or contractually established rate of interest shall increase or fluctuate in accordance with specified indicators or within a predetermined range; and (2) determine the borrower's ability to make payments following a reset of interest rates, whether the borrower is in danger of default or disclosure, and whether a loan modification or other mitigation effort is appropriate. Declares that, absent specific contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons for entering into a qualified loan modification or workout plan for loss mitigation purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in the Workplace Commission Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Workers are not achieving wage and benefit increases commensurate with corporate profits and sustained economic expansion. While the median wage for workers fell 8 percent in real terms during the business cycle peaks from 1979 through 1996, after-tax corporate profit rates grew 66 percent. (2) The wage gap between men and women has increased in the last 4 years, reversing a 20 year trend in which that gap had narrowed. (3) Despite a significant degree of closing the education gap between minority and white Americans, wage gaps between these groups persist and for some minority groups have been expanded. (4) Over the period of 1979 through 1996, workers have experienced a heightened sense of job insecurity due to corporate downsizing, deregulation of key industries, new technology, and foreign competition. (5) The last decade has seen a growth in the use of part- time and temporary workers. (6) Insufficient research has been done to determine the extent and the impact of the use of part-time workers and the failure of wages, especially for female workers, to keep pace with economic growth and corporate profits. SEC. 3. ESTABLISHMENT. (a) In General.--There is established the National Commission on Fairness in the Workplace (hereafter in this Act referred to as the ``Commission''). (b) Member Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Chairperson, Vice Chairperson.--The Chairperson of the Commission shall be designated by the President at the time of appointment. The Vice Chairperson shall be elected by the members of the Commission. The term of office of the Chairperson and the vice Chairperson shall be the life of the Commission. (d) Termination.--The Commission shall cease to exist upon the expiration of 18 months after the date of the enactment of this Act. SEC. 4. COMMISSION DUTY. (a) In General.--The Commission shall examine-- (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. At the conclusion of the examination, the Commission shall develop policy options for the Congress to address the problems identified in the examination. (b) Scope.--The Commission shall conduct its examination with respect to the States and Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianas Islands. (c) Definition.--As used in section 2 and this section, the term ``minority populations'' means Blacks (not of Hispanic origin), Hispanics, Asians, Pacific Islanders, American Indians, and Alaskan natives. SEC. 5. MEMBERSHIP. (a) Appointment.--Within 60 days of the date of the enactment of this Act, the Commission shall be composed of 14 members appointed as follows: (1) 6 members appointed by the President of which 2 shall be from the executive branch and 4 representatives from either labor, business management, or academia. (2) 2 members appointed by the Majority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (3) 2 members appointed by the Minority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (4) 2 members appointed by the Speaker of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. (5) 2 members appointed by the Minority Leader of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. The Secretary of Labor shall be an ex-officio member of the Commission. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under subsection (a) without regard to section 5311(b) of title 5, United States Code. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Rates of pay.-- (1) In general.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of members and federal employees.--Members of the Commission who are Members of the Senate or the House of Representatives or full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. GENERAL AUTHORITY OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Meetings.--The Commission shall meet monthly or at the call of the chairperson or a majority of its members. (c) Staff.--The Commission shall appoint a staff. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) 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 Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for research and other services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (h) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (j) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 7. REPORT. The Commission shall report its findings and policy options developed under section 4 to the Congress not later than 30 days after the termination date of the Commission, together with its recommendations for legislation and administrative actions the Commission considers appropriate.

Fairness in the Workplace Commission Act - Establishes the National Commission on Fairness in the Workplace, which shall examine and report to the Congress on: (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. Requires the Commission to develop policy options for the Congress to address the problems identified in the examination.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned and Derelict Vessel Removal Act of 1997''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Abandon.--The term ``abandon'' means to moor, strand, wreck, sink, or leave a vessel unattended for longer than 45 days. (2) Navigable waters of the united states.--The term ``navigable waters of the United States'' means waters of the United States, including the territorial sea. (3) Removal; remove.--The term ``removal'' or ``remove'' means relocation, sale, scrapping, or other method of disposal. (4) Secretary.--The term ``Secretary'' means the Secretary of the Army. (5) Vessel.--the term ``vessel'' includes recreational, commercial, and government-owned vessels but does not include vessels operated by the Coast Guard or the Navy. (6) Vessel removal contractor.--The term ``vessel removal contractor'' means a person that enters into a contract with the United States to remove an abandoned vessel under this Act. SEC. 3. ABANDONMENT OF VESSEL PROHIBITED. An owner or operator of a vessel may not abandon it on the navigable waters of the United States. A vessel is deemed not to be abandoned if-- (1) it is located at a federally or State-approved mooring area; (2) it is on private property with the permission of the owner of the property; or (3) the owner or operator notifies the Secretary that the vessel is not abandoned and the location of the vessel. SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL. Thirty days after the notification procedures under section 5(a)(1) are completed, the Secretary may assess a civil penalty of not more than $500 for each day of the violation against an owner or operator that violates section 3. A vessel with respect to which a penalty is assessed under this Act is liable in rem for the penalty. SEC. 5. REMOVAL OF ABANDONED VESSELS. (a) Procedures.-- (1) In general.--The Secretary, in cooperation with the Commandant of the Coast Guard, may remove a vessel that is abandoned if-- (A) an elected official of a local government has notified the Secretary of the vessel and requested that the Secretary remove the vessel; and (B) the Secretary has provided notice to the owner or operator-- (i) that if the vessel is not removed it will be removed at the owner or operator's expense; and (ii) of the penalty under section 4. (2) Form of notice.--The notice to be provided to an owner or operator under paragraph (1)(B) shall be-- (A) if the identity of the owner or operator can be determined, via certified mail; and (B) if the identity of the owner or operator cannot be determined, via an announcement in a notice to mariners and in an official journal of the county (or other equivalent political subdivision) in which the vessel is located. (3) Limitation on liability of united states.--The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned vessel under this Act. (b) Liability of Owner or Operator.--The owner or operator of an abandoned vessel is liable, and an abandoned vessel is liable in rem, for all expenses that the United States incurs in removing the abandoned vessel under this Act. (c) Contracting Out.-- (1) Solicitation of bids.--The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned vessel. (2) Contract.--After solicitation under paragraph (1) the Secretary may award a contract. The contract-- (A) may be subject to the condition that the vessel and all property on the vessel is the property of the vessel removal contractor; and (B) must require the vessel removal contractor to submit to the Secretary a plan for the removal. (3) Commencement date for removal.--Removal of an abandoned vessel may begin 30 days after the Secretary completes the procedures under subsection (a)(1). SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS. A vessel removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a vessel under this Act. This section does not apply-- (1) with respect to personal injury or wrongful death; or (2) if the contractor or subcontractor is grossly negligent or engages in willful misconduct. SEC. 7. RELATIONSHIP TO STATE LAW. This Act shall not be construed to preempt any provision of the laws of any State or local government that provides greater protection against the abandonment of vessels or that better ensures the removal of abandoned vessels. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years beginning after September 30, 1997. Such funds shall remain available until expended.

Abandoned and Derelict Vessel Removal Act of 1997 - Prohibits an owner or operator from abandoning a vessel on the navigable waters of the United States. Authorizes the Secretary of the Army to assess a civil penalty for each day of violation. Sets forth abandoned vessels' removal procedures, and liability guidelines for vessel removal contractors. Declares that this Act does not preempt State or local laws that either provide greater protection against abandonment, or better ensure such vessels' removal. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Acquisition Improvement Act of 2011''. SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Workforce Improvements.--Section 1704(b) of title 41, United States Code, is amended-- (1) by inserting after the first sentence the following: ``The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.''; (2) by striking ``The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor).'' and inserting ``The Associate Administrator shall be located in the Office of Federal Procurement Policy.''; (3) in paragraph (4), by striking ``; and'' and inserting a semicolon; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) implementing workforce programs under subsections (f) through (k) of section 1703 of this title; and''. (b) Federal Acquisition Institute.-- (1) In general.--Division B of title 41, United States Code, is amended by inserting after chapter 11 the following new chapter: ``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE ``Sec. ``1201. Federal Acquisition Institute. ``Sec. 1201. Federal Acquisition Institute ``(a) In General.--There is established a Federal Acquisition Institute (FAI) in order to-- ``(1) foster and promote the development of a professional acquisition workforce Government-wide; ``(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; ``(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees; ``(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; ``(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; ``(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; ``(7) evaluate the effectiveness of training and career development programs for acquisition personnel; ``(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; ``(9) facilitate, to the extent requested by agencies, interagency intern and training programs; and ``(10) perform other career management or research functions as directed by the Administrator. ``(b) Budget Resources and Authority.-- ``(1) In general.--The Director of the Office of Management and Budget and the Administrator of General Services shall provide the Federal Acquisition Institute with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce. ``(2) Acquisition workforce training fund.--Subject to the availability of funds, the Administer of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce training fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute requested by the Administrator for Federal Procurement Policy. ``(c) Federal Acquisition Institute Board of Directors.-- ``(1) Reporting to administrator.--The Federal Acquisition Institute shall report through its Board of Directors directly to the Administrator for Federal Procurement Policy. ``(2) Composition.--The Board shall be composed of not more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom shall be appointed by the Administrator. ``(3) Duties.--The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute-- ``(A) meets its statutory requirements; ``(B) meets the needs of the Federal acquisition workforce; ``(C) implements appropriate programs; ``(D) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce; ``(E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and ``(F) works closely with the Defense Acquisition University. ``(4) Recommendations.--The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute. ``(d) Director.--The Director of the Federal Acquisition Institute shall be appointed by, and report directly to, the Administrator. ``(e) Annual Report.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the projected budget needs and expense plans of the Federal Acquisition Institute to fulfill its mandate.''. (2) Conforming amendment.--Section 1122(a)(5) of such title is amended to read as follows: ``(5) providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.''. (c) Government-Wide Training Standards and Certification.--Section 1703 of title 41, United States Code, is amended-- (1) in subsection (c)(2)-- (A) by striking ``The Administrator shall'' and inserting the following: ``(A) In general.--The Administrator shall''; and (B) by adding at the end the following: ``(B) Government-wide training standards and certification.--The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including-- ``(i) developing and modifying acquisition certification programs; ``(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards; ``(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary; ``(iv) developing career path information for certified professionals to encourage retention in government positions; ``(v) coordinating with the Office of Personnel Management for human capital efforts; and ``(vi) managing rotation assignments to support opportunities to apply skills included in certification.''; and (2) by adding at the end the following new subsection: ``(l) Acquisition Internship and Training Programs.--All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government.''. (d) Expanded Scope of Acquisition Workforce Training Fund.--Section 1703(i) of such title is amended-- (1) in paragraph (2), by striking ``to support the training of the acquisition workforce of the executive agencies'' and inserting ``to support the activities set forth in section 1201(a) of this title''; and (2) in paragraph (6), by striking ``ensure that amounts collected for training under this subsection are not used for a purpose other than the purpose specified in paragraph (2)'' and inserting ``ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title''. (e) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code.

Federal Acquisition Improvement Act of 2011 - Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the Associate Administrator for Acquisition Workforce Programs shall: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; (2) be located in the Office of Federal Procurement Policy; and (3) implement acquisition workforce programs. Establishes a Federal Acquisition Institute (FAI) and enumerates its purposes with respect to the development of a professional acquisition workforce. Requires: (1) the Director of the Office of Management and Budget (OMB) and the Administrator of General Services (GSA) to provide FAI with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the federal acquisition workforce, and (2) the GSA Administrator to provide FAI with amounts from the acquisition training fund sufficient to meet the annual budget for FAI requested by the Administrator for Federal Procurement Policy. Directs: (1) the Administrator for Federal Procurement Policy, acting through FAI, to provide and update government-wide training standards and certification requirements; and (2) all federal civilian agency acquisition internship or acquisition training programs to follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government. Directs the GSA Administrator to manage the acquisition workforce training fund through FAI to support FAI activities and to ensure that funds collected are only used for such purposes.

SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--SHARK CONSERVATION ACT OF 2010 Sec. 101. Short title. Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium Protection Act. Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and Management Act. Sec. 104. Offset of implementation cost. TITLE II--INTERNATIONAL FISHERIES AGREEMENT Sec. 201. Short title. Sec. 202. International Fishery Agreement. Sec. 203. Application with other laws. Sec. 204. Effective date. TITLE III--MISCELLANEOUS Sec. 301. Technical corrections to the Western and Central Pacific Fisheries Convention Implementation Act. Sec. 302. Pacific Whiting Act of 2006. Sec. 303. Replacement vessel. TITLE I--SHARK CONSERVATION ACT OF 2010 SEC. 101. SHORT TITLE. This title may be cited as the ``Shark Conservation Act of 2010''. SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT. (a) Actions to Strengthen International Fishery Management Organizations.--Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea;''; (2) in paragraph (2), by striking ``and'' at the end; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: ``(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that are comparable to those of the United States, taking into account different conditions; and''. (b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A) of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)(3)) is amended-- (1) by striking the ``and'' before ``bycatch reduction requirements''; and (2) by striking the semicolon at the end and inserting ``, and shark conservation measures;''. (c) Equivalent Conservation Measures.-- (1) Identification.--Subsection (a) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- (A) in the matter preceding paragraph (1), by striking ``607, a nation if--'' and inserting ``607--''; (B) in paragraph (1)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (ii) by moving clauses (i) and (ii) (as so redesignated) 2 ems to the right; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (D) by moving subparagraphs (A) through (C) (as so redesignated) 2 ems to the right; (E) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) a nation if--''; (F) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting ``; and''; and (G) by adding at the end the following: ``(2) a nation if-- ``(A) fishing vessels of that nation are engaged, or have been engaged during the preceding calendar year, in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks; and ``(B) the nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that is comparable to that of the United States, taking into account different conditions.''. (2) Initial identifications.--The Secretary of Commerce shall begin making identifications under paragraph (2) of section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1 year after the date of the enactment of this Act. SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. (a) In General.--Paragraph (1) of section 307 of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended-- (1) by amending subparagraph (P) to read as follows: ``(P)(i) to remove any of the fins of a shark (including the tail) at sea; ``(ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; ``(iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or ``(iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;''; and (2) by striking the matter following subparagraph (R) and inserting the following: ``For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term `naturally attached', with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.''. (b) Savings Clause.-- ``(1) In general.--The amendments made by subsection (a) do not apply to an individual engaged in commercial fishing for smooth dogfish (Mustelus canis) in that area of the waters of the United States located shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of a State from which the territorial sea is measured, if the individual holds a valid State commercial fishing license, unless the total weight of smooth dogfish fins landed or found on board a vessel to which this subsection applies exceeds 12 percent of the total weight of smooth dogfish carcasses landed or found on board. (2) Definitions.--In this subsection: (A) Commercial fishing.--The term ``commercial fishing'' has the meaning given that term in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (B) State.--The term ``State'' has the meaning given that term in section 803 of Public Law 103-206 (16 U.S.C. 5102). SEC. 104. OFFSET OF IMPLEMENTATION COST. Section 308(a) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(a)) is amended by striking ``2012.'' and inserting ``2010, and $2,500,000 for each of fiscal years 2011 and 2012.''. TITLE II--INTERNATIONAL FISHERIES AGREEMENT SEC. 201. SHORT TITLE. This title may be cited as the ``International Fisheries Agreement Clarification Act''. SEC. 202. INTERNATIONAL FISHERY AGREEMENT. Consistent with the intent of provisions of the Magnuson-Stevens Fishery and Conservation and Management Act relating to international agreements, the Secretary of Commerce and the New England Fishery Management Council may, for the purpose of rebuilding those portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding on the date of enactment of this Act-- (1) take into account the Understanding and decisions made under that Understanding in the application of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i)); (2) consider decisions made under that Understanding as ``management measures under an international agreement'' that ``dictate otherwise'' for purposes of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii); and (3) establish catch levels for those portions of fish stocks within their respective geographic areas covered by the Understanding on the date of enactment of this Act that exceed the catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if-- (A) overfishing is ended immediately; (B) the fishing mortality level ensures rebuilding within a time period for rebuilding specified taking into account the Understanding pursuant to paragraphs (1) and (2) of this subsection; and (C) such catch levels are consistent with that Understanding. SEC. 203. APPLICATION WITH OTHER LAWS. Nothing in this title shall be construed to amend the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter the authority of the Secretary of Commerce under that Act concerning other species. SEC. 204. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), section 202 shall apply with respect to fishing years beginning after April 30, 2010. (b) Special Rule.--Section 202(3)(B) shall only apply with respect to fishing years beginning after April 30, 2012. TITLE III--MISCELLANEOUS SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT. Section 503 of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6902) is amended-- (1) by striking ``Management Council and'' in subsection (a) and inserting ``Management Council, and one of whom shall be the chairman or a member of''; (2) by striking subsection (c)(1) and inserting the following: ``(1) Employment status.--Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''; and (3) by striking subsection (d)(2)(B)(ii) and inserting the following: ``(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''. SEC. 302. PACIFIC WHITING ACT OF 2006. (a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6 but not more than 12'' inserting ``no more than 2''. (b) Employment Status.--Section 609(a) of the Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as follows: ``(a) Employment Status.--Individuals appointed under section 603, 604, 605, or 606 of this title, other than officers or employees of the United States Government, shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''. SEC. 303. REPLACEMENT VESSEL. Notwithstanding any other provision of law, the Secretary of Commerce may promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under subsections (a)(7) and (g)(1)(A) of section 219 of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 886-891). 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 20, 2010. The summary of that version is repeated here.) Title I: Shark Conservation Act of 2010 - Shark Conservation Act of 2010 - (Sec. 102) Amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the Secretary of Commerce to urge international fishery management organizations to which the United States is a member to adopt shark conservation measures, including measures to prohibit removal any of the fins of a shark (including the tail) and discarding the shark carcass at sea. Requires the Secretary to seek to enter into international shark conservation agreements, including measures prohibiting fin removal and carcass disposal, that are comparable to those of the United States, taking into account different conditions. Directs the Secretary to include shark conservation measures when defining fishing activities that violate international fishery conservation and management agreements. Requires the Secretary to list a nation in the biennial report on international compliance if the nation's fishing vessels are or have been engaged in fishing activities that target or incidentally catch sharks in waters beyond their jurisdiction, and such nation has not adopted a regulatory program providing for shark conservation, including the fin removal and carcass disposal prohibitions. Requires such listing within one year after the enactment of this Act. (Sec. 103) Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise provisions prohibiting the removal of shark fins to make it a prohibited act to: (1) remove any shark fin (including the tail) at sea; (2) have a fin aboard a fishing vessel unless the fin is naturally attached to the carcass; (3) transfer a fin from one vessel to another or receive a fin unless it is naturally attached; or (4) land a fin that is not naturally attached to a carcass or land a carcass without fins naturally attached. Revises the current rebuttable presumption provision concerning shark fins on fishing vessels to create a rebuttable presumption that, if any shark fin (including the tail) is aboard a non-fishing vessel without being naturally attached, the fin was transferred from a fishing vessel in violation. (Sec. 104) Decreases authorizations under the Interjurisdictional Fisheries Act of 1986 for FY2011-FY2012. Title II: International Fisheries Agreement - International Fisheries Agreement Clarification Act - (Sec. 202) Allows the Secretary and the New England Fishery Management Council, for purposes of rebuilding portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding, to: (1) take into account such Understanding and decisions made under such Understanding when specifying a time period for rebuilding a fishery that is overfished; and (2) consider decisions under such Understanding as management measures under an international agreement in which the United States participates when determining whether a rebuilding may exceed 10 years. Permits the Secretary and the Council to establish catch levels for portions of fish stocks within their respective geographic areas that exceed catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if: (1) overfishing is ended immediately; (2) the fishing mortality level ensures rebuilding within such a rebuilding time period; and (3) such catch levels are consistent with the Understanding. Title III: Miscellaneous - (Sec. 301) Prohibits from being considered federal employees except for certain specified injury compensation or tort claims liability: (1) Commissioners of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, other than officers or employees of the U.S. government; (2) certain advisory committee members; and (3) other specified appointees under the Pacific Whiting Act of 2006. (Current law considers such individuals to be federal employees for: (1) certain injury compensation purposes; (2) ethics, conflicts-of-interest, and corruption requirements; and (3) criminal or civil statutes or regulations governing conduct of federal employees in that capacity.) (Sec. 302) Decreases the number of scientific experts on the joint technical committee under the Pacific Whiting Act of 2006 to 2 (currently at least 6 but not more than 12). (Sec. 303) Authorizes the Secretary to promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under specified provisions of the Department of Commerce and Related Agencies Appropriations Act, 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Drug Sentencing Act of 2007''. SEC. 2. POWDER AND CRACK COCAINE SENTENCING DISPARITY REDUCTION. (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) in subparagraph (A)(iii), by striking ``50 grams'' and inserting ``250 grams''; and (2) in subparagraph (B)(iii), by striking ``5 grams'' and inserting ``25 grams''. (b) Controlled Substances Import and Export Act.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)(C), by striking ``50 grams'' and inserting ``250 grams''; and (2) in paragraph (2)(C), by striking ``5 grams'' and inserting ``25 grams''. SEC. 3. CHANGE IN PENALTY FOR POSSESSION OF CRACK COCAINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by striking ``Notwithstanding the preceding sentence,'' and all that follows through ``the mixture or substance exceeds 1 gram.''. SEC. 4. INCREASED EMPHASIS ON CERTAIN AGGRAVATING FACTORS RELATED TO SERIOUSNESS OF THE OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance provide tiered enhancements for the involvement of a dangerous weapon or violence, including, if appropriate-- (1) an increase to the existing enhancement for possession of a dangerous weapon; (2) an enhancement for the use or brandishment of a dangerous weapon; (3) an enhancement for the use, or threatened use, of violence; and (4) any other enhancement the Commission considers necessary. SEC. 5. INCREASED EMPHASIS ON CERTAIN FACTORS RELATED TO THE CULPABILITY OF THE OFFENDER. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance adequately take into account the culpability of the defendant and the role of the defendant in the offense. (b) Considerations.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) whether enhancements should be added, either to the existing enhancements for aggravating role or otherwise, that take into account aggravating factors associated with the offense, including-- (A) whether the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood; (B) whether the defendant maintained an establishment for the manufacture or distribution of the controlled substance; (C) whether the defendant distributed a controlled substance to an individual under the age of 18 years or a pregnant individual; (D) whether the defendant involved an individual under the age of 18 years or a pregnant individual in the offense; (E) whether the defendant manufactured or distributed the controlled substance in a location described in section 409(a) or section 419(a) of the Controlled Substances Act (21 U.S.C. 849(a) or 860(a)); (F) whether the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement officer in connection with the offense; (G) whether the defendant was involved in the importation into the United States of the controlled substance; (H) whether the defendant committed the offense after previously being convicted of a felony controlled substances offense; and (I) any other factor the Commission considers necessary; and (2) whether adjustments should be added, either to the existing guideline for mitigating role or otherwise, that take into account mitigating factors associated with the offense, including-- (A) whether the defendant had minimum knowledge of the illegal enterprise; (B) whether the defendant received little or no compensation in connection with the offense; and (C) whether the defendant acted on impulse, fear, or friendship when the defendant was otherwise unlikely to commit such an offense. SEC. 6. EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION. The United States Sentencing Commission shall promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 90 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired.

Fairness in Drug Sentencing Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase (by a factor of five) the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking in such controlled substance. Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine. Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and role of the defendant in such crime.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Disparities in Breast Cancer Treatment Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Delays in receiving care after breast cancer diagnosis are reported to be greater for African-American women than white women. (2) Recent studies indicate that African-American women with breast cancer are less likely to receive standard therapy than white women. (3) African-American and Hispanic patients are significantly more likely than white patients to be diagnosed at a more advanced stage of breast cancer. (4) Investigators found that regardless of insurance status, African-American women are 1.9 times more likely to be diagnosed with an advanced stage of breast cancer than white women and Hispanic women are 1.4 times more likely to be diagnosed with an advanced stage of breast cancer than white women. (5) African-American women are ten percent more likely not to receive tests to determine if breast cancer has spread to axillary (underarm) lymph nodes. Studies show that health insurance status, race, income, and educational background are directly linked to irregularity in administering this vital screening. (6) According to American Cancer Society researchers, substantial disparities remain or persist regarding cancer diagnosis and treatment. SEC. 3. PURPOSE. The purpose of this Act is to promote the implementation of standardized health care practices for breast cancer treatment under the Medicare program to eliminate disparities in the provision of care to such patients based on race, level of education, income, and health insurance status of such patients. SEC. 4. CONSENSUS-BASED BREAST CANCER TREATMENT PERFORMANCE MEASURES SYSTEM UNDER MEDICARE. Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1898. BREAST CANCER TREATMENT PERFORMANCE MEASURES SYSTEM. ``(a) In General.--Not later than October 1, 2009, the Secretary shall establish, in accordance with the provisions of this section, a 6-year breast cancer treatment quality performance system (in this section referred to as the `system') to-- ``(1) assess and publicly disclose, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and ``(2) beginning October 1, 2012, base payment under this title to such providers for such treatment on the performance of such providers based on such measures. ``(b) Specified Health Care Providers.-- ``(1) In general.--The Secretary shall specify classes of providers of services and suppliers, including hospitals, cancer centers, physicians, primary care providers, and specialty providers, to which the provisions of this section shall apply. ``(2) Definition.--For purposes of this section, the term `specified health care provider' means a provider of services or supplier specified under paragraph (1). ``(c) Identification and Endorsement of Breast Cancer Treatment Performance Measures.-- ``(1) In general.--Under the system, the Secretary, shall enter into agreements with the National Quality Forum, an organization that operates as a voluntary consensus standards body as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) and Office of Management and Budget Revised Circular A-119 (published in the Federal Register on February 10, 1998), under which the National Quality Forum shall identify a uniform set of consensus-based performance measures to evaluate the quality of care provided by specified health care providers for the treatment of breast cancer, endorse such set of measures through its multistakeholder consensus development process, and annually update such set of measures. ``(2) Measures described.--The set of measures described in paragraph (1) shall include, with respect to the treatment of breast cancer, measures of patient outcomes, the process for delivering medical care related to such treatment, patient counseling and engagement in decision-making, patient experience of care, resource use, and practice capabilities, such as care coordination. ``(d) Reporting Process.-- ``(1) In general.--Under the system, for periods (as specified by the Secretary) beginning on or after October 1, 2009, the Secretary shall establish a reporting process, with respect to treatment furnished for breast cancer, that provides for a method for specified health care providers to submit to the Secretary data on the performance of such providers during each period through use of the performance measures developed pursuant to subsection (c)(1). Such data shall be submitted in a form and manner and at a time specified by the Secretary. ``(2) Voluntary submission during initial 3 years.--The reporting process under paragraph (1) shall provide for the voluntary submission of data (and incentives for such submission) under the process for periods ending before October 1, 2012. ``(3) Characteristics of data submitted under reporting process.--Data submitted by a specified health care provider under the reporting process under paragraph (1) shall-- ``(A) take into account the quality of breast cancer treatment furnished to all patients of the provider, regardless of the type of health insurance coverage of the patient or whether or not the patient has such coverage; and ``(B) be structured in a manner that allows for comparison according to race, educational level, income, insurance status, and any other category specified by the Secretary. ``(e) Public Disclosure.--Under the system, the Secretary shall establish procedures to require that information with respect to the quality demonstrated by a specified health care provider of treatment furnished for breast cancer during a period (based on the performance measures data submitted pursuant to subsection (c)(1) by the provider for such period) is made available on the official public Internet site of the Department of Health and Human Services in a clear and understandable form. Such procedures shall ensure that a specified health care provider has the opportunity to review the information that is to be made public with respect to the provider at least 30 days prior to such data being made public and shall provide for an appeals process in the case a provider claims such information to be incorrect or incomplete. ``(f) Value-Based Purchasing for Periods Beginning October 1, 2012.-- ``(1) In general.--Under the system, for periods beginning on or after October 1, 2012 and ending before October 1, 2015, the Secretary shall establish and implement, a value-based purchasing program, with respect to specified health care providers that furnish treatment for breast cancer during such a period, under which-- ``(A) in the case of such a provider that does not submit data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period, the Secretary shall reduce payment under this title for such treatment by an amount specified by the Secretary; and ``(B) in the case of such a provider that submits data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period-- ``(i) subject to clause (ii), if the Secretary determines such provider furnished low quality care (in accordance with a method specified by the Secretary) for such treatment, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment by an amount specified by the Secretary; ``(ii) if the Secretary determines such provider furnished low quality care (in accordance with the method specified under clause (i)) for such treatment, but the quality of care has improved as compared to the quality of care the provider furnished during the previous period, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment in accordance with an incremental method established by the Secretary that ensures that the amount of such reduction-- ``(I) is less than the amount specified by the Secretary under clause (i); and ``(II) is based on the extent of improvement in the quality of care; and ``(iii) if the Secretary determines such provider did not furnish low quality care (in accordance with the method specified under clause (i)) for such treatment, the Secretary shall provide to such provider the amount to be paid to such provider under this title for such treatment. ``(2) Results-based payments.--The amount of a reduction under subparagraph (A) or (B)(i) of paragraph (1) shall be determined in accordance with a method established by the Secretary. ``(g) Reports.--Not later than October 1, 2010, and for each 6- month period thereafter (before fiscal year 2016), the Secretary shall submit to Congress a report that evaluates the development and implementation of the system, including-- ``(1) an evaluation of the number of specified health care providers that submit data pursuant to subsection (c)(1); ``(2) an analysis of the effect of such system on reducing disparities in the provision of breast cancer treatment to patients based on race, level of education, income, and health insurance status of such patients; ``(3) recommendations on whether (and to what extent) to extend the system under this section. ``(h) Application to Part C.--The Secretary shall provide for a method to apply the provisions of this section to treatment furnished under a plan under part C.''.

Eliminating Disparities in Breast Cancer Treatment Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a breast cancer treatment quality performance system to: (1) assess and disclose publicly, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and (2) base payment to such providers for such treatment on their performance with respect to such measures. Requires reduced payments to providers that either do not submit data in accordance with the reporting process in the system, or furnish low quality care for treatment of breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaiian Waters Chemical Munitions Safety Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Until 1970 the United States Armed Forces routinely dumped military chemical munitions in ocean waters. (2) According to the report entitled ``Off-Shore Disposal of Chemical Agents and Weapons Conducted by the United States'', which was prepared by the Army's Historical Research and Response Team in 2001, chemical munitions were dumped at a minimum of three locations near the Hawaiian Islands, and the weapons disposed of at these sites included 1,100 one-thousand pound cyanogen chloride bombs, 20 one-thousand pound hydrogen cyanide bombs, 125 five-hundred pound cyanogen chloride bombs, 15,000 one-hundred-and-fifteen pound mustard gas bombs, 31,000 mustard gas-filled mortar shells, 1,000 one-ton containers of mustard gas agent, 190 one-ton containers of lewisite agent, 16,000 one-hundred pound mustard gas bombs, and 4,220 tons of various ordinance filled with hydrogen cyanide. (3) The report also specified that chemical munitions were dumped off the coasts of Alabama, Alaska, California, Florida, Louisiana, Mississippi, New Jersey, North Carolina, South Carolina, and Virginia. (4) The lack of research into the effect of long-term seawater exposure on chemical munitions and the potential risks to the public and the environment has created significant public concern in Hawaii, especially among communities near coastal military facilities and military munitions disposal areas. (5) The dumping of chemical munitions in the ocean is now prohibited by the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.). (6) The United States is a signatory of both the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, with annexes, done at Washington, London, Mexico City, and Moscow December 29, 1972, and entered into force August 30, 1975 (26 UST 2403) and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''). SEC. 3. RESPONSE TO DISPOSAL OF CHEMICAL MUNITIONS WITHIN HAWAIIAN WATERS. (a) Survey and Identification of Disposal Sites.-- (1) Survey required.--The Secretary of the Army shall conduct a survey of all underwater sites within 12 miles of the Hawaiian Islands where chemical munitions are known or believed to have been disposed of by the Armed Forces between 1941 and 1972. (2) Survey purpose.--The purpose of the survey is to characterize the location and size of the disposal sites, the types and numbers of chemical munitions at the sites, and the condition of chemical munitions at the sites. (3) Report required.--Not later than September 30, 2009, the Secretary of the Army shall submit to Congress a report containing the results of the survey. (b) Identification of Navigational Hazards.--The Secretary of the Army shall cooperate with the Secretary of Commerce to ensure that nautical charts and other navigation materials for Hawaiian coastal waters include hazards to private activities and commercial shipping or fishing operations identified as a result of the survey conducted under subsection (a). (c) Monitoring.-- (1) Monitoring required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall implement the appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from the disposal sites covered by the survey. (2) Elements.--The monitoring regime shall include appropriate sampling, testing, and evaluation of Hawaiian coastal waters for signs of contamination from chemical munitions that may pose a risk to public health and the marine environment. (d) Research.--The Secretary of the Army, acting through the Office of the Assistant Secretary of the Army for Installations and Environment, shall establish a program to conduct research and provide research grants for the purpose of studying the long-term effects of seawater exposure on chemical munitions, potential public health risks associated with ocean disposal of chemical munitions, and the environmental impact of the ocean disposal of chemical munitions. (e) Remediation.-- (1) Report required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall submit to Congress a report containing the following: (A) An analysis of the feasibility of implementing multiple remediation measures at the disposal sites covered by the survey. (B) Cost estimates for such remediation measures. (C) An analysis of the public health and environmental safety risks of the disposal sites. (2) Special considerations.--The feasibility analysis required by paragraph (1)(A) shall take into account the cost of remediation measures, the public health and environmental damage risk of remediation measures, and the risk to personnel engaged in remediation measures. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Hawaiian Waters Chemical Munitions Safety Act of 2006 - Directs the Secretary of the Army to: (1) conduct a survey of all Hawaiian underwater sites where chemical munitions are known to have been disposed of by the Armed Forces between 1941 and 1972; and (2) identify on Hawaiian coastal nautical charts and other navigational materials navigational hazards to private activities and commercial shipping or fishing operations as identified in the survey. Requires the Secretary to implement appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from such disposal sites. Directs the Secretary to establish a program to conduct research and provide research grants to study the long-term effects of seawater exposure on chemical munitions, including the potential public health risks associated with, and the environmental impact of, ocean disposal of chemical munitions. Requires the Secretary to report to Congress on the feasibility and cost of implementing multiple remediation measures at the disposal sites covered by the survey, including an analysis of the public health and environmental safety risks of such sites.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO IMMIGRATION AND NATIONALITY ACT. (a) Short Title.--This Act may be cited as the ``Employer Sanctions Improvement Act of 1993''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references to Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT Sec. 101. Removal of Federal preemption from employer sanctions. Sec. 102. Creation of private right of action. Sec. 103. State immigration assistance and enforcement grants. Sec. 104. Requiring State enforcement as a condition of Federal assistance. Sec. 105. Permitting complaints other than in writing. Sec. 106. Authorizing the Attorney General to seek judicial review of adverse decisions. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM Sec. 201. Eliminating unnecessary employment verification documents. Sec. 202. Authorizing the Attorney General to improve the employment verification system. Sec. 203. Report on consolidation of documentation evidencing temporary work authorization. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES Sec. 301. Civil penalties for aliens employed without authorization. Sec. 302. Prohibition of adjustment of status for unlawful employment. Sec. 303. Increased penalties for violations of employer sanctions. Sec. 304. Increase in civil money penalties for document fraud. (c) References to Immigration and Nationality Act.--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 Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT SEC. 101. REMOVAL OF FEDERAL PREEMPTION FROM EMPLOYER SANCTIONS. (a) In General.--Section 274A(h)(2) (8 U.S.C. 1324a(h)(2)) is amended-- (1) by striking ``Preemption'' and inserting ``No preemption'', (2) by inserting ``do not'' after ``this section'', and (3) by striking ``(other than'' and inserting ``(including''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 102. CREATION OF PRIVATE RIGHT OF ACTION. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended by striking subsections (i) through (n) and inserting the following: ``(i) Private Right of Action.-- ``(1) In general.--Except as provided in paragraph (2), any person or other entity aggrieved by a violation of subsection (a)(1) or (a)(2), may file a charge respecting such violation with the Attorney General. Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Attorney General by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged violation) on the person or other entity involved within 10 days. If the Attorney General, during the 120-day period after receiving such a charge respecting the unlawful employment of aliens, has not provided notice under subsection (e)(3)(A) or imposed an order described in paragraphs (3), (4), or (5) of subsection (e), and no hearing has been requested, the Attorney General shall so notify the person or entity filing the charge and the person or entity may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation within 90 days after the date of receipt of the notice. The Attorney General's failure to take any action with respect to a charge during such 120-day period shall not affect the right of the Attorney General to investigate the charge, to give notice under subsection (e)(3)(A), or to impose an order regarding the complaint during such 90-day period. No complaint may be filed under this paragraph with respect to an alleged violation occurring more than 180 days prior to the date of the filing of the charge under this paragraph with respect to such violation. ``(2) States.--Any State aggrieved by a violation of subsection (a)(1) or (a)(2), may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation, without filing a charge or otherwise meeting the requirements of paragraph (1). ``(3) Order.--In the case of a complaint filed under paragraph (1) or (2) before an administrative law judge regarding a person's or other entity's violation of subsection (a)(1) or (a)(2), if the judge finds that such person or other entity has committed such a violation, the judge may order the person or other entity-- ``(A) to pay the complainant liquidated damages of not more than the maximum amount of civil money penalties that may be imposed under subsection (e)(4)(A) or (e)(5) with respect to such violation, plus any attorney's fees under paragraph (4), and ``(B) to cease and desist from such violations. ``(4) Attorney's fees.--In any complaint brought under this subsection, the judge may grant the prevailing party reasonable attorney's fees if the judge determines that the opposing party's argument was without reasonable foundation in law and fact. ``(5) Judicial review and enforcement.--The provisions of paragraphs (8) and (9) of subsection (e) shall apply to a final order under this subsection in the same manner as they apply to a final order under subsection (e), except that any reference in such paragraph (9) to the Attorney General is deemed a reference to the complainant.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act. SEC. 103. STATE IMMIGRATION ASSISTANCE AND ENFORCEMENT GRANTS. (a) In General.--The Attorney General shall provide grants to States to assist the States, and localities in the States-- (1) in implementing programs to impose sanctions with respect to the employment of unauthorized aliens in the State, and (2) in meeting health, education, law enforcement and other costs attributable to aliens unlawfully present in the State. (b) Condition of Eligibility.--No State is eligible for a grant under this section unless the State (and its localities) cooperates with (and does not take any actions that impede) the Attorney General in activities and programs designed to prevent or deter the entry of undocumented aliens into the United States or to identify, apprehend, and remove such aliens who are in the United States. (c) Amount of Grants.--The amount of grants to States under this section shall be determined by the Attorney General based on a formula established by the Attorney General. Such formula shall take into account the needs of qualified States (and localities therein) for the assistance under subsection (a) and the extent of their cooperation with the Attorney General under subsection (b). (d) Disbursement and Use of Funds.-- (1) Payments of grants under this section shall be made consistent with guidelines established by the Attorney General in consultation with the States. (2) Not more than 5 percent of the funds paid to any State under this section may be used for administrative purposes. (e) Application.--No grant shall be provided a State under this section unless the State submits to the Attorney General an application, in such form and manner as the Attorney General may specify, and unless the Attorney General approves such application. (f) Limitation on Federal Overhead.--The Attorney General shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section. (g) Annual Report.--The Attorney General shall report annually to the Congress on the grants to States provided under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated in each of fiscal years 1995, 1996, and 1997, $100,000,000 to carry out this section. (i) State Defined.--In this section, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. SEC. 104. REQUIRING STATE ENFORCEMENT AS A CONDITION OF FEDERAL ASSISTANCE. (a) In General.--Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following paragraph: ``(12) An assurance that the State either-- ``(A) is actively enforcing the sanctions provided under section 274A of the Immigration and Nationality Act, or ``(B) has enacted and is actively enforcing civil or criminal sanctions, or both, designed to deter persons and other entities from knowingly employing unauthorized aliens.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants for fiscal years beginning with fiscal year 1996. SEC. 105. PERMITTING COMPLAINTS OTHER THAN IN WRITING. Section 274A(e)(1)(A) (8 U.S.C. 1324a(e)(1)(A)) is amended by striking ``to file written, signed complaints respecting potential'' and inserting ``to register complaints in person, by toll-free telephone number, or by mail, concerning allegations of''. SEC. 106. AUTHORIZING THE ATTORNEY GENERAL TO SEEK JUDICIAL REVIEW OF ADVERSE DECISIONS. (a) In General.--Section 274A(e)(8) (8 U.S.C. 1324a(e)(8)) is amended by inserting ``(including the Attorney General)'' after ``A person or entity''. (b) Effective Date.--The amendment made by subsection (a) shall apply to final orders entered before, on, or after the date of the enactment of this Act. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM SEC. 201. ELIMINATING UNNECESSARY EMPLOYMENT VERIFICATION DOCUMENTS. (a) Changes in Acceptable Documentation.--Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended-- (1) in subparagraph (B)-- (A) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii), and (B) in clause (i), by adding at the end ``or''; (2) in subparagraph (C)-- (A) by inserting ``or'' after the semicolon at the end of clause (i), (B) by striking ``or'' at the end of clause (ii) and inserting a period, and (C) by striking clause (iii); (3) in subparagraph (D), by striking ``individual's'' and all that follows and inserting the following: ``individual's driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation sufficient for purposes of this section.''; and (4) by adding at the end the following new subparagraph: ``(E) No authority for additional documents.-- Except as provided under subsection (d), the Attorney General is not authorized to expand the list of acceptable documents described in subparagraphs (B), (C), and (D).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to hiring (or recruiting or referring) occurring on or after such date (not later than 180 days after the date of the enactment of this Act) as the Attorney General shall designate. SEC. 202. AUTHORIZING THE ATTORNEY GENERAL TO IMPROVE THE EMPLOYMENT VERIFICATION SYSTEM. Section 274A(d) (8 U.S.C. 1324a(d)) is amended-- (1) by striking ``President'' and inserting ``Attorney General'' each place it appears, and (2) in the second sentence of paragraph (3)(A)-- (A) by striking ``proposes'' and inserting ``, with the agreement of the Secretary of Health and Human Services, proposes'', and (B) by striking ``shall transmit'' and inserting ``and such Secretary shall jointly transmit''. SEC. 203. REPORT ON CONSOLIDATION OF DOCUMENTATION EVIDENCING TEMPORARY WORK AUTHORIZATION. Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that includes a description of the following: (1) The various types of documents issued (or recognized) by the Immigration and Naturalization Service for purposes of demonstrating an alien's authority to work temporarily in the United States. (2) The Service's recent efforts to update or otherwise consolidate such documentation into a single tamper-resistant document. (3) The costs associated with any such efforts. (4) The status of current plans (if any) to further update and consolidate such documentation. (5) The advisability, feasibility, and cost of eliminating from circulation (or otherwise replacing), within 3 years after the date of the enactment of this Act, the various forms of temporary work authorization documentation with a single tamper-resistant document. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES SEC. 301. CIVIL PENALTIES FOR ALIENS EMPLOYED WITHOUT AUTHORIZATION. (a) In General.--Section 274A (8 U.S.C. 1324a), as amended in section 102(a), is amended by adding at the end the following new subsection: ``(j) Making Employment as an Unauthorized Alien Unlawful.-- ``(1) In general.--It is unlawful for an individual-- ``(A) to be employed in the United States if such individual is an unauthorized alien with respect to such employment, or ``(B) to be self-employed in the United States if such individual is an alien who is not lawfully admitted for permanent residence or otherwise authorized to be self-employed in the United States by this Act or by the Attorney General. ``(2) Civil money penalty.--With respect to a violation of paragraph (1), the individual shall be required to pay a civil penalty in an amount of not less than $250 and not more than $2,000. ``(3) Application of certain procedures.--The procedures described in paragraphs (3), (7), (8), and (9) of subsection (e) for the imposition of orders under subsection (e)(4) shall apply to the imposition of a civil penalty under paragraph (2).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 302. PROHIBITION OF ADJUSTMENT OF STATUS FOR UNLAWFUL EMPLOYMENT. (a) In General.--Section 245(c) (8 U.S.C. 1255(c)) is amended by striking ``(other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (J), or (K))''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 303. INCREASED PENALTIES FOR VIOLATIONS OF EMPLOYER SANCTIONS. (a) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C. 1324a(e)) is amended-- (1) in paragraph (4)(A)(i), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in paragraph (4)(A)(ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in paragraph (4)(A)(iii), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in paragraph (5), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (b) Pattern or Practice Violations.--Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by striking ``not more than'' and all that follows through the period and inserting ``in accordance with title 18, United States Code, for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both.''. (c) Prohibition of Indemnity Bonds.--Section 274A(g)(2) (8 U.S.C. 1324a(g)(2)) is amended by striking ``$1,000'' and inserting ``$2,000''. (d) Discrimination.--Section 274B(g)(2)(B)(iv) (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in subclause (III), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in subclause (IV), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (e) Effective Date.--The amendments made by this section shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 304. INCREASE IN CIVIL MONEY PENALTIES FOR DOCUMENT FRAUD. (a) In General.--Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended-- (1) in subparagraph (A) by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; and (2) in subparagraph (B) by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. HR 3362 IH----2

TABLE OF CONTENTS: Title I: Promoting Enforcement Title II: Improving the Employment Verification System Title III: Additional Penalties and Increases in Penalties Employer Sanctions Improvement Act of 1993 - Title I: Promoting Enforcement - Amends Federal immigration law to repeal the Federal preemption of State law regarding sanctions against the employment of unauthorized aliens. Creates a private right of action for violation of Federal law prohibiting employment of unauthorized aliens. Directs the Attorney General to provide grants to the States for immigration assistance and enforcement. Authorizes appropriations. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition Federal assistance upon assurances that the recipient State actively enforces sanctions against the employment of unauthorized aliens. Amends Federal immigration law to permit complaints alleging employment of unauthorized aliens to be registered in person or by toll-free telephone number. Authorizes the Attorney General to seek judicial review if adversely affected by a final order regarding an assessment for employment of unauthorized aliens. Title II: Improving the Employment Verification System - Restricts the authority of the Attorney General to expand the list of acceptable employment verification documents. Transfers from the President to the Attorney General responsibility for monitoring and evaluating the employment verification system. Directs the Attorney General to report to the Congress on the consolidation into a single tamper-resistant document of documentation evidencing temporary work authorization. Title III: Additional Penalties and Increases in Penalties - Declares alien employment without authorization unlawful and establishes civil penalties. Precludes aliens engaged in unlawful employment from eligibility for adjustment of immigration status. Increases the civil and criminal penalties for: (1) employment of unauthorized aliens; and (2) document fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Privacy and Anti-Fraud Act''. SEC. 2. TRAINING, BACKGROUND CHECKS, AND NONDISCLOSURE FOR PATIENT NAVIGATORS. (a) In General.--Section 1311(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)) is amended by adding at the end the following: ``(7) Security and nondisclosure.-- ``(A) Guidance by secretary.--Not later than 90 days after the date of enactment of this paragraph, the Secretary shall issue guidance on the implementation of this paragraph in order to protect the privacy of individually identifiable information submitted to, or accessed by, navigators under this subsection. ``(B) Background checks.-- ``(i) In general.--An entity that receives a grant under this subsection shall ensure that universal background checks are conducted on all employees of the entity prior to such employees providing navigator services to individuals, or prior to such employees having access to individually identifiable information as a result of providing such services. Such background checks shall, at minimum, include a criminal background check, fingerprinting, and credit report. ``(ii) Limitation.--An individual who has been found guilty of a felony, or guilty of a misdemeanor involving deceit or dishonestly (including identity theft, fraud, or perjury), under Federal or State law shall not be employed by an entity described in clause (i). ``(C) Oath.-- ``(i) In general.--Prior to commencing employment with an entity that receives a grant under this subsection, an individual described in clause (ii) shall have sworn or taken an oath that he or she will not disclose any individually identifiable information obtained in the course of their employment (except information relevant to the commission of a felony when provided to an appropriate law enforcement authority). ``(ii) Individual described.--An individual is described in this clause if such individual is being employed by an entity described in clause (i) as a navigator, a non-navigator assistant, or as an employee with access to individually identifiable information. ``(D) Educational, training, and licensure requirements.--Prior to conducting navigation services for an entity under this subsection, an individual shall meet educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State in which they seek to provide navigation services, including the completion of at least 30 hours of training (including training on privacy rights under this Act and other relevant Federal laws). ``(E) Liability.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary-- ``(i) shall issue guidance concerning how liability and penalties will be applied by the Secretary in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of individually identifiable information; ``(ii) shall determine whether such liability lies with the navigator or non- navigator assistance personnel involved or whether liability lies with the entity that received the grant under this subsection; and ``(iii) shall determine whether the individuals or entities identified under clause (ii) are required to obtain professional liability coverage. ``(F) Penalties.-- ``(i) In general.--Whoever having sworn or taken the oath described under subparagraph (C), publishes or communicates any individually identifiable information which comes into his or her possession by reason of his or her being employed (or otherwise providing services) under this subsection, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(ii) Misrepresentation.--Any person who knowingly and falsely represents that such person is, or holds himself or herself out as, a navigator under this subsection shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(iii) Enhanced penalty for sale or transfer.--A person who commits the offense described under clause (i) with the intent to sell, transfer, or use individually identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both. ``(G) Greater protections.--Nothing in subparagraphs (A), (B), (C) or (D) shall be construed to prohibit States from imposing additional standards and protections to protect consumer information. ``(8) List of navigators.--Not later than 90 days after the date of enactment of this paragraph, and annually thereafter, the Secretary shall make available a list of entities providing navigator services in accordance with this subsection and a list of entities that have been determined to be ineligible to provide such services or who have been convicted of a violation under paragraph (7).''. (b) Limitation on Liability.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Reliance on navigator advice.--Any applicable individual who for any month failed to obtain minimum essential coverage as a result of the good faith reliance on the advice of a patient navigator, counselor, or other employee of an entity receiving a grant under section 1311(i) of the Patient Protection and Affordable Care Act (or a person purporting to be such a navigator, counselor, or other employee).''. (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment.

Healthcare Privacy and Anti-Fraud Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to issue guidance (including concerning liability) to protect the privacy of individually identifiable information submitted to, or accessed by, health care exchange navigators. Requires entities receiving grants under the navigator program to ensure that their employees undergo background checks, take an oath not to disclose individually identifiable information, and meet educational and licensure requirements comparable to those applicable to health insurance agents and brokers in the state. Imposes criminal penalties for disclosure of individually identifiable information and misrepresentation as a navigator. Directs the Secretary to annually make available a list of entities providing navigator services and a list of those determined to be ineligible or convicted of offenses described in this Act. Amends the Internal Revenue Code to exempt individuals from the penalty for not maintaining minimum essential coverage for any month if the failure resulted from advice of a navigator or a person purporting to provide such services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (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. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (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 insourcing expenses 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. Credit for insourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45S of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules.-- (A) Possessions of the united states.--For purposes of this section, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45S(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. TREATMENT OF SECURITIES OF A CONTROLLED CORPORATION EXCHANGED FOR ASSETS IN CERTAIN REORGANIZATIONS. (a) In General.--Section 361 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rules for Transactions Involving Section 355 Distributions.--In the case of a reorganization described in section 368(a)(1)(D) with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under section 355-- ``(1) this section shall be applied by substituting `stock other than nonqualified preferred stock (as defined in section 351(g)(2))' for `stock or securities' in subsections (a) and (b)(1), and ``(2) the first sentence of subsection (b)(3) shall apply only to the extent that the sum of the money and the fair market value of the other property transferred to such creditors does not exceed the adjusted bases of such assets transferred (reduced by the amount of the liabilities assumed (within the meaning of section 357(c))).''. (b) Conforming Amendment.--Paragraph (3) of section 361(b) of such Code is amended by striking the last sentence. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to exchanges after the date of the enactment of this Act. (2) Transition rule.--The amendments made by this section shall not apply to any exchange pursuant to a transaction which is-- (A) made pursuant to a written agreement which was binding on February 6, 2012, and at all times thereafter; (B) described in a ruling request submitted to the Internal Revenue Service on or before February 6, 2012; or (C) described on or before February 6, 2012, in a public announcement or in a filing with the Securities and Exchange Commission.

Bring Jobs Home Act - Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses. Allows nonrecognition of gain in a corporate reorganization for corporations that exchange property solely for stock other than nonqualified preferred stock.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Area Health and Environmental Monitoring Act of 2004''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. ``(a) Definitions.--In this section: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responds to a disaster, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(3) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and followup clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2003'' and inserting ``September 30, 2006''.

Disaster Area Health and Environmental Monitoring Act of 2004 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals if chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area. Makes participation in any registry or study that is part of the program voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments for the implementation of cost-effective predisaster hazard mitigation measures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Nursing Facility Pay-for- Performance Act of 2004''. SEC. 2. ADDITIONAL MEDICARE PAYMENT FOR FACILITIES THAT REPORT ADDITIONAL QUALITY DATA. (a) Voluntary Reporting of Quality Measures and Adjustment in Payment.-- (1) In general.--Section 1888 of the Social Security Act (42 U.S.C. 1395yy) is amended by adding at the end the following new subsection: ``(f) Voluntary Reporting of Quality Measures; Change in Payment Based on Reported Quality Measures.-- ``(1) Establishment of additional quality measures.-- ``(A) In general.--Not later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of-- ``(i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and ``(ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. ``(B) Measure of staffing level.--The quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. ``(C) Risk adjustment.--The values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate-- ``(i) excluding certain types of residents; ``(ii) stratifying residents into high-risk and low-risk groups; or ``(iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities' quality measure values for different resident characteristics. ``(D) Small facilities.-- ``(i) In general.--In selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. ``(ii) Definition.--For purposes of clause (i), the term `small skilled nursing facility' means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. ``(E) Annual evaluation.--The Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. ``(F) Posting on website.--The Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. ``(2) Adjustment in payment based on quality performance.-- ``(A) In general.--For each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: ``(i) Increase of 2 percent for facilities in top 10 percent in quality.--In the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. ``(ii) Increase of 1 percent for facilities in next 10 percent in quality.--In the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. ``(iii) Quality threshold covering 80 percent of facilities.--For a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. ``(iv) Decrease of 1 percent for facilities below quality threshold.--In the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. ``(v) Year by year determination.--Any increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. ``(B) Treatment of small facilities.--In the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures-- ``(i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and ``(ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. ``(C) Data reporting period.--For purposes of subparagraph (A), the term `data reporting period' means, with respect to-- ``(i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or ``(ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. ``(D) Baseline period.--For purposes of subparagraph (A), the term `baseline period' means, with respect to-- ``(i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or ``(ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.''. (2) Limiting market basket increases to facilities that voluntarily report information.--Subsection (e)(4)(E)(ii) of such section is amended-- (A) in subclause (III), by striking ``and'' at the end; (B) in subclause (IV), by inserting ``before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1)'' after ``each subsequent fiscal year'' and by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: ``(V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved.''. (b) Using Fiscal Year 2005 Payment Rates as a Floor for Subsequent Updates.-- (1) In general.--Subsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting ``(taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years)'' after ``the rate computed for the previous fiscal year''. (2) Effective date.--The amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006. SEC. 3. LONG-TERM CARE FINANCING COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``Long-Term Care Financing Commission'' (in this section referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services. (c) Duties.-- (1) Analyses.--The Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare's cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) . (2) Report.--The Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate. (d) Terms, Compensation, Chairman, Meetings, Staff, and Powers.-- The provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission.

Medicare Nursing Facility Pay-for-Performance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, through a contract with a qualified independent party (such as the National Quality Forum), to provide for identification of: (1) between ten and 15 quality measures for the performance of skilled nursing facilities under Medicare; and (2) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure. Requires the values obtained for quality measures to be appropriately risk-adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the facilities and not differences in the characteristics of their residents. Provides for: (1) adjusting payments for skilled nursing facilities based on quality performance, including an increase of two percent for facilities in the top ten percent in quality as well as a decrease of one percent for facilities below the quality threshold; (2) limiting market basket increases to facilities that voluntarily report information; and (3) using FY 2005 payment rates as a floor for subsequent updates. Establishes the Long-Term Care Financing Commission to analyse and report to Congress on the financing of long-term care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Registration Act of 1993''. SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT ESTABLISHING STATE HANDGUN REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS. (a) In General.--Beginning 2 years after the date of the enactment of this Act, the Federal handgun registration system to be established by the Attorney General under section 3(a) and the amendment made by section 3(b) shall apply in any State during any period in which the Attorney General finds, after opportunity for a hearing on the record, that such State is not complying substantially with the requirements of subsection (b) of this section. (b) Requirements of State Handgun Registration System.--The requirements of this subsection are as follows: (1) Registration requirement.--State law must require each individual who owns, possesses, or controls a handgun in the State to register such handgun-- (A) in the case of handguns owned, possessed, or controlled on or before the effective date of the State law-- (i) with a State law enforcement agency; and (ii) within 90 days after such effective date; and (B) in the case of handguns owned, possessed, or controlled after such effective date-- (i) with the licensed dealer (as defined in section 921(a)(11) of title 18, United States Code) from whom such handgun was last purchased; and (ii) at the time the handgun is first owned, possessed, or controlled by the individual. (2) Imposition of penalties for violations.--State law must impose the following penalties for knowing violation of the registration requirement specified in paragraph (1): (A) Non-serious violations.--In the case of a violation which is not a serious violation, the violator shall be imprisoned not less than 1 year. (B) Serious violations.--In the case of a violation which is a serious violation, the violator shall be imprisoned not less than 12 years. (3) Definition of serious violation.--State law must define a serious violation of the registration requirement specified in paragraph (1) to be any violation with respect to which 2 or more of the following conditions are satisfied: (A) Multiple unregistered handguns.--The violation consists of the violator possessing, owning, or controlling 2 or more unregistered handguns. (B) Unregistered handgun is of high caliber.--The caliber of any handgun which is the subject of the violation is greater than 0.22. (C) Violator has previous felony or firearms conviction.--The violator has been previously convicted of a felony, or of a violation of any Federal or State law relating to firearms. (D) Unregistered handgun readily accessible to violator.--Any handgun which is the subject of the violation was readily accessible to the violator at the time of the violation. (4) Easily retrievable record of handguns.--State law must require the State to maintain an easily retrievable record identifying-- (A) each individual who-- (i) resides, or regularly or frequently appears, in the State; and (ii) possesses, owns, or controls a handgun; and (B) such handgun. SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM. (a) Establishment.--The Attorney General shall establish a Federal handgun registration system which contains, in an easily retrievable record, information sufficient to identify-- (1) each resident of each State to which this subsection applies who owns, possesses, or controls a handgun; and (2) such handgun. (b) Handgun Registration Requirement.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Registration of handguns ``(a) Each individual who owns, possesses, or controls a handgun in any State to which this section applies by reason of section 2(a) of the Handgun Registration Act of 1993 shall register such handgun-- ``(1) in the case of handguns owned, possessed, or controlled on or before the effective date of this section-- ``(A) with a Federal, State, or local law enforcement agency or the licensed dealer, if any, from whom such handgun was last purchased; and ``(B) within 90 days after such effective date; and ``(2) in the case of handguns owned, possessed, or controlled after such effective date-- ``(A) with the licensed dealer from whom such handgun was last purchased; and ``(B) at the time the handgun is first owned, possessed, or controlled by the individual. ``(b) Whoever knowingly violates subsection (a) shall be fined not more than $250,000, imprisoned not less than 15 years, or both. The court shall not suspend a sentence of imprisonment imposed for an offense under this section, and shall not impose a probationary sentence for an offense under this section. ``(c) As used in subsection (a): ``(1) The term `handgun' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm originally designed to be fired by the use of a single hand. ``(2) The term `State' includes the District of Columbia and the territories and possessions of the United States.''. (c) Effective Date.--The amendment made by subsection (b) shall apply to conduct engaged in 2 or more years after the date of the enactment of this Act. SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE. The Attorney General shall order the termination of all assistance under each of parts D, E, and G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in such State, during any period in which the Federal handgun registration system established under section 3(a) of this Act applies to such State. SEC. 5. DEFINITIONS. As used in this Act: (1) Handgun.--The term ``handgun'' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm (as defined in section 921(a)(3) of title 18, United States Code) originally designed to be fired by the use of a single hand. (2) State.--The term ``State'' includes the District of Columbia and the territories and possessions of the United States.

Handgun Registration Act of 1993 - Directs the Attorney General to establish a Federal handgun registration system, to include penalties of fines and imprisonment, which shall apply in any State during a period in which the Attorney General finds that the State does not require: (1) an individual who owns, possesses, or controls a handgun to register with either a State law enforcement agency (in the case of handguns so controlled before the effective date of such a State law) or with a licensed dealer (in the case of handguns so controlled after that date); (2) imposition of specified penalties for registration requirement violations; and (3) maintenance of easily retrievable records identifying both (a) each individual residing or regularly appearing in the State who possesses, owns, or controls a handgun; and (b) the handgun. Requires the Attorney General to terminate specified law enforcement assistance under the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in the State, during a period in which the system established by this Act applies to the State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Listbroker Privacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Commercial list brokers routinely advertise and sell detailed information on children, including names, addresses, ages, and other data, for use in marketing. This data is commonly available on children as young as two years old, enabling marketers to target specific demographics such as junior high school, elementary school, or even preschool. (2) Commercially available marketing databases can be very large, covering millions of children. (3) Commercially available marketing databases can include a variety of information on the children they cover, from ethnicity to family income to hobbies and interests. (4) Money spent on marketing to children has been estimated at $12 billion per year. (5) Several Federal statutes, including section 1061 of the No Child Left Behind Act, the Children's Online Privacy Protection Act, and the Family and Educational Rights and Privacy Act, restrict the collection and disclosure of information about children or students under specified circumstances. When data on children is collected in a manner that is outside the scope of those statutes, however, Federal law does not significantly restrict the commercial sale or resale of such data. (6) The ability to sell information about children to marketers for a profit creates an economic incentive to find new and creative ways to collect and compile such information, and possibly to circumvent or subvert the intent of those federal statutes that do govern the collection of information about children or students. There are a variety of means and sources that marketers and list brokers can and do use to compile names, addresses, and other data about children. SEC. 3. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL INFORMATION. (a) In General.--It is unlawful-- (1) to sell personal information about an individual the seller knows to be a child; (2) to purchase personal information about an individual identified by the seller as a child, for the purpose of marketing to that child; or (3) for a person who has provided a certification pursuant to subsection (b)(2), in connection with the purchase of personal information about an individual identified by the seller as a child, to engage in any practice that violates the terms of the certification. (b) Exceptions.-- (1) Parental consent.--Subsection (a) shall not apply to any sale, purchase, or use of personal information about a child if the parent of the child has granted express consent to that sale, purchase, or use of the information. (2) Certification.--Subsection (a)(1) shall not apply to the sale of personal information about a child if the purchaser certifies to the seller, electronically or in writing, before the sale is completed-- (A) the purpose for which the information will be used by the purchaser; and (B) that the purchaser will neither-- (i) use the information for marketing that child; nor (ii) permit the information to be used by others for the purpose of marketing to that child. SEC. 4. ADMINISTRATION AND ENFORCEMENT. (a) In General.--Except as provided in subsection (b), this Act shall be enforced by the Federal Trade Commission as if the violation of section 3 of this Act were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement by Certain Other Agencies.--Compliance with this Act shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and 611), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of section 3 of this Act is deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under section 3 of this Act, any other authority conferred on it by law. (d) Actions by the Commission.--The Commission shall prevent any person from violating section 3 of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of that section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of that section. (e) Preservation of Commission Authority.--Nothing contained in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that section 3 of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin that practice; (B) to enforce compliance with the rule; (C) to obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) to obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of section 2 of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that section. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 6. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual under the age of 16. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Express consent.-- (A) In general.--The term ``express consent'' means an affirmative indication of permission in writing or electronic form. The term ``express consent'' does not include consent inferred from a failure to indicate affirmatively that consent is denied or withheld. (B) Prerequisites.--Express consent is not valid unless-- (i) before granting the consent the individual granting the consent was informed of the purpose for which the information would be sold, purchased, or used; and (ii) consent was not granted as a condition for making a product, service, or warranty available to the individual or the child to which the information pertains. (4) Marketing.--The term ``marketing'' means making a communication to encourage the purchase or use of a commercial product or service. For purposes of this paragraph, a product or service shall be considered to be commercial if some or all of the proceeds from the sale inure to the benefit of an enterprise conducted for profit. (5) Parent.--The term ``parent'' includes a legal guardian. (6) Personal information.--The term ``personal information'' means identifiable information about an individual, including-- (A) a name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address or online username; (D) a telephone number; (E) a Social Security number; or (F) any other information that permits a specific individual to be identified. (7) Purchase; sell; sale.--In section 3, the terms ``purchase'', ``sell'', and ``sale'' include the purchase and sale of the right to use personal information, without regard to whether-- (A) the right is limited or unlimited; (B) the transaction is characterized as a purchase, sale, lease, or otherwise; and (C) the consideration for the transaction is monetary, goods, or services. SEC. 7. EFFECTIVE DATE. This Act shall take effect 6 months after the date of enactment.

Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use. Requires enforcement of this Act by the Federal Trade Commission (FTC) as if violations were unfair or deceptive acts or practices under the Federal Trade Commission Act. Requires enforcement of compliance by other Federal agencies under other specified laws. Authorizes enforcement actions by States acting on behalf of their residents. Gives the FTC the right to intervene in such actions. Precludes State actions during the pendency of FTC actions.

FUND. (a) Establishment.--There is established the Systemic Resolution Fund, which the Corporation shall-- (1) maintain and administer; (2) use to facilitate the resolution of a covered financial company, as provided in subsection (b), or take such other actions as are authorized for the Corporation; and (3) invest in accordance with section 13(a) of the Federal Deposit Insurance Act. (b) Uses of the Fund.--The Fund shall be available to the Corporation for use with respect to a covered financial company-- (1) to cover the costs incurred by the Corporation, including as receiver, in exercising its rights, authorities, and powers and fulfilling its obligations and responsibilities; (2) to repay initial capitalization appropriations under this section; and (3) to cover the costs of systemic stabilization purposes. (c) Prohibitions.--Notwithstanding any other provision of law amounts in the Fund may not be used to convert or maintain a financial company that is insolvent or in receivership, except to the extent necessary to insure systemic stabilization in the resolution of such financial company. (d) Deposits to the Fund.--All amounts assessed against a financial company under this section shall be deposited into the Fund. SEC. 4. ASSESSMENTS. (a) Minimum Size of the Fund.--The Corporation shall, by rule, establish the minimum size of the Fund, consistent with subsections (a) and (b), but amounts maintained in the Fund shall in no case exceed an amount equal to 1 percent of the gross domestic product of the United States. (b) Assessments To Maintain Fund.--The Corporation shall impose assessments on financial companies in such amounts and in such manner, and subject to such terms and conditions as the Corporation, by regulation, determines are necessary for the amount in the Fund to be maintained at not less than the minimum size established pursuant to subsection (a). (c) Assessments To Replenish the Fund.--If the Fund falls below the minimum size established pursuant to subsection (a) the Corporation shall impose assessments on financial companies, in such amounts and such manner, and subject to consideration of the factors set forth in subsection (e), as are necessary for the Fund to meet or exceed the minimum size established pursuant to subsection (a) before the end of the 8-year period beginning on the date on which the Fund first fell below the minimum amount (or such longer period as the Corporation may determine to be necessary due to extraordinary circumstances). (d) Minimum Assessment Threshold.--The Corporation may not impose an assessment under this subsection on any financial company that the Corporation determines does not pose a systemic risk to the United States financial system. (e) Reallocation Required.--The Corporation shall, by rule, establish a mechanism whereby the systemic risk regulator reallocates the assessments for the fund annually among all the systemically risky financial companies, to include the authority to refund contributions, as necessary or appropriate in the determination of the Corporation. (f) Factors for Consideration.--In taking actions and making determinations under this subsection, the Corporation shall seek to prevent sharp swings in the assessment rates for financial companies, and shall take into account-- (1) the actual or expected risk of losses to the Fund; (2) economic conditions generally affecting financial companies, so as to allow assessments and the Fund to increase during more favorable conditions and to decrease during less favorable economic conditions; (3) any assessments imposed on a financial company or a subsidiary or affiliate of a financial company that is-- (A) an insured depository institution, subject to assessments under section 7 or 13(c)(4)(G) of the Federal Deposit Insurance Act; (B) a member of the Securities Investor Protection Corporation, subject to assessments under section 4 of the Securities Investor Protection Act of 1970; or (C) an insurance company, subject to assessments pursuant to applicable State law to cover (or reimburse payments made to cover) the costs of the rehabilitation, liquidation, or other State insolvency proceeding with respect to one or more insurance companies; (4) the risks presented by the financial company to the financial system and the extent to which the financial company has, or likely would, benefit from the resolution of a financial company; (5) any off-balance-sheet activities of the financial company; and (6) such other factors as the Corporation may determine to be appropriate. (g) Permissible Distinctions for Assessments.--In establishing the assessment system for the Fund, the Corporation, by regulation, may differentiate among financial companies based on size, complexity of operations or organization, relationships, transactions, direct or indirect activities, and any other factors that the Corporation may deem appropriate. (h) Initial Capitalization.--There are authorized to be appropriated to the Secretary, for fiscal years 2010 and 2011, such sums as may be necessary to initially capitalize the Fund in accordance with this section.

Ending Taxpayer Bailouts by Making Wall Street Pay Act of 2010 - Establishes the Systemic Resolution Fund, to be administered by the Federal Deposit Insurance Corporation (FDIC), to: (1) cover the costs of the FDIC, including as receiver, in exercising its rights, authorities, and powers, and in fulfilling its obligations and responsibilities; (2) repay initial capitalization appropriations; and (3) cover the costs of systemic stabilization purposes. Prohibits the use of amounts in the Fund to convert or maintain a financial company that is insolvent or in receivership, except to the extent necessary to insure systemic stabilization in the company's resolution. Requires all amounts assessed against a financial company under this Act to be deposited into the Fund. Directs the FDIC to: (1) impose assessments on financial companies for Fund maintenance and, if need be, replenishment; and (2) establish a mechanism whereby the systemic risk regulator reallocates annually the assessments for the Fund among all the systemically risky financial companies. Prohibits the FDIC from imposing an assessment on any financial company which it determines does not pose a systemic risk to the U.S. financial system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cybercrime Reporting and Cooperation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Computer systems; computer data.--The terms ``computer system'' and ``computer data'' have the meanings given those terms in chapter I of the Convention on Cybercrime. (2) Convention on cybercrime.--The term ``Convention on Cybercrime'' means the Council of Europe Convention on Cybercrime, done at Budapest November 23, 2001, as ratified by the United States Senate with any relevant reservations or declarations. (3) Cybercrime.--The term ``cybercrime'' refers to criminal offenses relating to computer systems or computer data described in the Convention on Cybercrime. (4) Electronic commerce.--The term ``electronic commerce'' has the meaning given that term in section 1105(3) of the Internet Tax Freedom Act (47 U.S.C. 151 note). (5) Interpol.--The term ``INTERPOL'' means the International Criminal Police Organization. (6) Lead federal agency.--The term ``lead Federal agency'' means one of the relevant Federal agencies designated by the President to have primary responsibility for producing the annual reports required by section 3. (7) Relevant federal agencies.--The term ``relevant Federal agencies'' means any Federal agency that has responsibility for combating cybercrime globally, including the Department of Commerce, the Department of Homeland Security, the Department of Justice, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. (8) 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. SEC. 3. ANNUAL REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the head of the lead Federal agency shall submit to Congress a report-- (1) assessing, after consultation with the entities specified in subsection (c) and with respect to each country described in subsection (b)-- (A) the extent and nature of activities relating to cybercrime that are attributable to persons or property based in the country and impact the United States Government, United States persons, or United States electronic commerce; (B) the adequacy and effectiveness of the laws, regulations, and judicial and law enforcement systems in the country with respect to combating cybercrime; and (C) measures taken by the government of the country to protect consumers from cybercrime, including measures described in the Convention on Cybercrime; (2) assessing, after consultation with the entities specified in subsection (c), any multilateral efforts-- (A) to prevent and investigate cybercrime; (B) to develop and share best practices with respect to directly or indirectly combating cybercrime; and (C) to cooperate and take action with respect to the prevention, investigation, and prosecution of cybercrime; and (3) describing the steps taken by the United States to promote the multilateral efforts described in paragraph (2). (b) Countries Described.--A country described in this subsection is a country that the head of the lead Federal agency determines, in consultation with the entities specified in subsection (c), is significant with respect to efforts to combat cybercrime-- (1) against the United States Government or United States persons; or (2) that disrupts United States electronic commerce or otherwise negatively impacts the trade or intellectual property interests of the United States. (c) Entities Specified.--The entities specified in this subsection are the relevant Federal agencies, industry groups, civil society organizations, and other organizations selected by the President for consultations under this section based on their interest in combating cybercrime. (d) Contributions From Relevant Federal Agencies.--Not later than 30 days before the date on which the report is required to be submitted under subsection (a), the head of each of the relevant Federal agencies shall submit to the head of the lead Federal agency a report containing-- (1) any information obtained by the relevant Federal agency with respect to incidents of cybercrime, impediments to electronic commerce, or efforts of the United States to cooperate with other countries with respect to combating cybercrime; and (2) any other information obtained by the agency that is relevant to the report required by subsection (a). (e) Additional Information To Be Included in Subsequent Reports.-- In each report required to be submitted under subsection (a) after the first report required by that subsection, the head of the lead Federal agency shall include, in addition to the information required by that subsection-- (1) an identification of countries for which action plans have been developed under section 5; and (2) an assessment, after consultation with the entities specified in subsection (c), of the extent of the compliance of each such country with the action plan developed for that country. (f) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS. (a) Priority With Respect to Foreign Assistance Programs to Combat Cybercrime.-- (1) In general.--The President shall give priority to a country described in paragraph (2) with respect to foreign assistance and other programs designed to combat cybercrime in the country by improving the effectiveness and capacity of the legal and judicial systems and the capabilities of law enforcement agencies with respect to cybercrime. (2) Countries described.--A country described in this paragraph is a country described in section 3(b) that the President, in consultation with the entities described in section 3(c), determines has a low capacity to combat cybercrime. (b) Sense of Congress With Respect to Bilateral and Multilateral Assistance.--It is the sense of Congress that-- (1) the President should include programs designed to combat cybercrime in any bilateral or multilateral assistance that-- (A) is provided to a country described in subsection (a)(2); and (B) addresses the critical infrastructure, telecommunications systems, financial industry, legal or judicial systems, or law enforcement capabilities of that country; and (2) such assistance should be provided in a manner that allows the country to sustain the advancements in combating cybercrime resulting from the assistance after the termination of the assistance. SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER CONCERN. (a) Development of Action Plans.-- (1) In general.--Not later than 1 year after the head of the lead Federal agency submits the first report required by section 3(a), the President shall develop, for each country that the President determines under subsection (b) is a country of cyber concern, an action plan-- (A) to assist the government of that country to improve the capacity of the country to combat cybercrime; and (B) that contains benchmarks described in subsection (c). (2) Reassessment of countries.--Not later than 2 years after the head of the lead Federal agency submits the first report required by section 3(a), and annually thereafter, the President shall-- (A) reassess the countries for which the President has developed action plans under paragraph (1); (B) determine if any of those countries no longer meet the criteria under subsection (b) for being countries of cyber concern; and (C) determine if additional countries meet the criteria under subsection (b) for being countries of cyber concern and develop action plans for those countries. (3) Consultations.--The President, acting through the head of the lead Federal agency and, as appropriate, an employee designated to have responsibility for cybercrime under section 6 or 7, shall consult with the government of each country for which the President develops an action plan under paragraph (1) or (2) with respect to-- (A) the development of the action plan; and (B) the efforts of the government of that country to comply with the benchmarks set forth in the action plan. (b) Countries of Cyber Concern.--The President shall determine that a country is a country of cyber concern if the President finds that-- (1) there is significant credible evidence that there has been a pattern of incidents of cybercrime, during the 2-year period preceding the date of the President's determination-- (A) against the United States Government or United States persons or that disrupt United States electronic commerce or otherwise negatively impact the trade or intellectual property interests of the United States; and (B) that are attributable to persons or property based in the country; and (2) the government of the country has demonstrated a pattern of being uncooperative with efforts to combat cybercrime by-- (A) failing to conduct its own reasonable criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime described in paragraph (1); (B) failing to cooperate with the United States, any other party to the Convention on Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other proceedings with respect to such incidents, consistent with chapter III of the Convention on Cybercrime; or (C) not adopting or implementing legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (c) Benchmarks Described.--The benchmarks described in this subsection-- (1) are such legislative, institutional, enforcement, or other actions as the President determines necessary to improve the capacity of the country to combat cybercrime; and (2) may include-- (A) the initiation of credible criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime that resulted in the determination of the President under subsection (b) that the country is a country of cyber concern; (B) cooperation with, or support for the efforts of, the United States, other parties to the Convention on Cybercrime, or INTERPOL in criminal investigations, prosecutions, or other proceedings with respect to such persons, consistent with chapter III of the Convention on Cybercrime; or (C) the implementation of legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (d) Determination of Consistency With Convention on Cybercrime.-- For purposes of subsections (b) and (c), a measure is not consistent with the Convention on Cybercrime if the measure imposes a criminal penalty for an activity that is not a criminal offense under the Convention. (e) Failure To Meet Action Plan Benchmarks.-- (1) In general.--If, 1 year after the date on which an action plan is developed under subsection (a), the President, in consultation with the entities described in section 3(c), determines that the government of the country for which the action plan was developed has not complied with the benchmarks in the action plan, the President is urged to take one or more of the actions described in paragraph (2) with respect to the country. (2) Presidential action described.-- (A) In general.--Subject to subparagraph (B), the actions described in this paragraph with respect to a country are the following: (i) Multilateral development bank financing.--Instruct the United States Executive Director of each multilateral development bank (as defined in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4))) to restrict or oppose the approval of any new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the multilateral development bank to the government of the country or with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates. (ii) Preferential trade programs.--Suspend, limit, or withdraw any preferential treatment for which the country qualifies under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.), or any other trade preference program in effect. (iii) Foreign assistance.--Suspend, restrict, or withdraw the provision of foreign assistance to the country or with respect to projects carried out in the country, including assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) Exception.--The President may not suspend, restrict, prohibit, or withdraw assistance described in subparagraph (A)(iii) that is provided for humanitarian or disaster relief or for projects related to building capacity or actions to combat cybercrime. (3) Restoration of benefits.--The President shall revoke any actions taken with respect to a country under paragraph (2) on the date on which the President, in consultation with the entities described in section 3(c), determines and certifies to Congress that the government of the country has complied with the benchmarks described in subsection (c). (f) Waiver.-- (1) In general.--The President may waive the requirement under subsection (a) to develop an action plan for a country or the requirement under subsection (b) to make a determination with respect to a country if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) submits to Congress a report describing the reasons for the determination. (2) Form of report.--A report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex. SEC. 6. DESIGNATION OF COORDINATOR FOR CYBERSECURITY ISSUES IN THE DEPARTMENT OF STATE. The Secretary of State shall designate a high-level employee of the Department of State-- (1) to coordinate a full range of cybersecurity issues, including activities, policies, and opportunities of the Department of State associated with foreign policy and combating cybercrime; and (2) whose primary responsibilities shall include increasing opportunities with respect to combating cybercrime at an international level. SEC. 7. DESIGNATION OF OFFICIALS TO BE RESPONSIBLE FOR COMBATING CYBERCRIME. The President shall ensure that-- (1) there is an employee of the United States Government with primary responsibility with respect to matters relating to cybercrime policy in each country or region that the President considers significant with respect to the efforts of the United States Government to combat cybercrime globally; and (2) each such employee consults with industry groups in the United States, civil society organizations, and other organizations with an interest in combating cybercrime in carrying out the employee's duties with respect to matters relating to cybercrime. SEC. 8. CONSIDERATION OF CYBERCRIME IN TRADE AGREEMENT NEGOTIATIONS. Before finalizing or modifying any trade agreement with another country, the President shall take into consideration the efforts of the government of that country to combat cybercrime.

International Cybercrime Reporting and Cooperation Act - Directs a presidentially-designated federal agency to report annually to Congress assessing: (1) the extent and nature of foreign cybercrime activities, their impact on the U.S. government, U.S. persons, or U.S. electronic commerce, and the adequacy of the legal, judicial, and law enforcement systems in such countries to combat cybercrime; and (2) multilateral efforts to prevent, investigate, and prosecute cybercrime, including U.S. efforts to encourage such cooperation. Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities to countries with low capacities to combat cybercrime. Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and an annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime. Urges the President to take specified trade, assistance, and financing actions against a country that has not complied with the appropriate benchmarks. Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in the U.S. national interest. Directs the Secretary of State to designate a high-level Department of State employee to coordinate anti-cybercrime activities. Directs the President to: (1) ensure that there is a federal employee with primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts, and (2) take into consideration a country's anti-cybercrime efforts before finalizing or modifying any trade agreement with such country. .

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Investment and Job Creation Act of 2012''. SEC. 2. IMMIGRANT VISAS FOR ENTREPRENEURS AND JOB CREATORS. (a) Aliens Who Are Members of the Professions Holding Advanced Degrees.--Section 203(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)) is amended-- (1) by striking ``(B) (i) Subject to clause (ii)'' and inserting the following: ``(B) National interest waivers.--'' ``(i) In general.--Subject to clauses (ii) and (iii)''; (2) in clause (ii)-- (A) by striking ``(ii) (I) The Attorney General'' and inserting the following: ``(ii) Physicians working in shortage areas or veterans facilities.--'' ``(I) In general.--The Secretary of Homeland Security''; (B) in subclause (II), by striking ``(II) No permanent resident visa'' and inserting the following: ``(II) Prohibition.--No permanent resident visa''; (C) in subclause (III), by striking ``(III) Nothing in this subparagraph'' and inserting the following: ``(III) Statutory construction.--Nothing in this subparagraph''; and (D) in subclause (IV), by striking ``(IV) The requirements of'' and inserting the following: ``(IV) Effective date.--The requirements of''; and (3) by inserting after clause (ii) the following: ``(iii) Entrepreneurs and job creators.-- The Secretary of Homeland Security shall grant a national interest waiver pursuant to clause (i) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if-- ``(I) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and ``(II) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).''. (b) Skilled Workers, Professionals, and Other Workers.--Section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)) is amended by inserting after subparagraph (C) the following: ``(D) National interest waiver for entrepreneurs and job creators.--The Secretary of Homeland Security shall waive application of subparagraph (C) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if-- ``(i) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and ``(ii) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).''. (c) Requirements.-- (1) In general.--Section 204 of the Immigration and Nationality Act is amended by adding at the end the following: ``(m) Entrepreneurs and Job Creators.-- ``(1) Job creation requirements.--For purposes of sections 203(b)(2)(B) and 203(b)(3)(D), a new commercial enterprise shall be deemed to have benefitted the United States economy and satisfied the employment creation requirements of this subsection if the enterprise-- ``(A) has, during the period beginning 4 years prior to the date that a petition for preference classification with respect to the alien has been filed under subparagraph (A), created direct, full-time employment-- ``(i) for not less than 5 United States workers; or ``(ii) in the case of an enterprise in a Distressed Area Development Zone, for not less than 3 United States workers; and ``(B) the enterprise has received enough investment or revenue during the period described in subparagraph (A) to support the employment creation requirements described in such subparagraph. ``(2) Definitions.--For purposes of sections 203(b)(2)(B) and 203(b)(3)(D): ``(A) Full-time employment.--The term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. Such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. Full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees. ``(B) Investment or revenue.--The term `investment or revenue' does not include any assets acquired, directly or indirectly, by unlawful means. The term `investment' includes assets provided by the alien entrepreneur and may include assets, including venture capital investments, provided pursuant to an investment agreement with investors who are United States citizens or aliens lawfully admitted to the United States for permanent residence. ``(C) United states worker.--The term `United States worker' means an employee (other than the immigrant or the immigrant's spouse, sons, or daughters) who-- ``(i) is a citizen or national of the United States; or ``(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States. ``(3) Priority date.--The priority date for any alien who is adjusting status from any nonimmigrant classification described in section 101(a)(15) and who receives a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D) shall be the date of the first petition or application for status under section 101(a)(15) filed with respect to that alien.''. (2) Distressed area development zones.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ``(53) The term `Distressed Area Development Zone' means-- ``(A) a low-income geographic area, as such term is defined in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); or ``(B) a city or county in the United States-- ``(i) that has experienced high unemployment (of not less than 150 percent of the national average, as determined by the Secretary of Labor) within the preceding 24 months; or ``(ii) has had a 20 percent or more decrease in population since 1970.''. (d) Conforming Amendments.-- (1) Section 203 of the Immigration and Nationality Act is amended by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''. (2) Section 204(a)(1)(E) of the Immigration and Nationality Act is amended by inserting ``or under paragraph (2) or (3) of section 203(b) if such alien is seeking a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D),'' after ``203(b)(1)(A)''.

American Investment and Job Creation Act of 2012 - Amends the Immigration and Nationality Act to provide an (employment-based) immigrant visa for an alien entrepreneur who has engaged in a new commercial enterprise in the United States that has benefitted the U.S. economy and: (1) has, during the period beginning four years prior to the filing of a preference classification petition for such alien, created full-time employment for at least five U.S. workers, or in the case of an enterprise in a Distressed Area Development Zone, for at least three U.S. workers; and (2) the enterprise has received enough investment or revenue during this period to support such employment creation requirements.