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SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Basin Conservation Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the Delaware River Basin is a national treasure of great cultural, environmental, ecological, and economic importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is loss of forests and other natural cover in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) the Basin contributes $25,000,000,000 annually in economic activity, provides $21,000,000,000 in ecosystem goods and services per year, and is directly or indirectly responsible for 600,000 jobs with $10,000,000,000 in annual wages; (6) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, horseshoe crabs, and red knots, which have been identified as unique species in need of habitat improvement; (7) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is an important source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (8) the annual dockside value of commercial eastern oyster fishery landings for the Delaware Estuary is nearly $4,000,000, making it the fourth most lucrative fishery in the Delaware River Basin watershed, and proven management strategies are available to increase oyster habitat, abundance, and harvest; (9) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the 4 most important shorebird migration sites in the world; (10) the Basin, 50 percent of which is forested, also has over 700,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits; (11) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 10 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (12) the Delaware River is the longest undammed river east of the Mississippi; a critical component of the National Wild and Scenic Rivers System in the Northeast, with more than 400 miles designated; home to one of the most heavily visited National Park units in the United States, the Delaware Water Gap National Recreation Area; and the location of 6 National Wildlife Refuges; (13) the Delaware River supports an internationally renowned cold water fishery in more than 80 miles of its northern headwaters that attracts tens of thousands of visitors each year and generates over $21,000,000 in annual revenue through tourism and recreational activities; (14) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (15) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is one of the largest freshwater ports in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal supporting more than 12,000 jobs, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (16) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (17) the Delaware River Basin Commission is a Federal- interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; (18) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels; and (19) the existing and ongoing voluntary conservation efforts in the Delaware River Basin necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non- Federal resources. SEC. 3. DEFINITIONS. In this Act: (1) Basin.--The term ``Basin'' means the 4-State Delaware Basin region, including all of Delaware Bay and portions of the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (2) Basin state.--The term ``Basin State'' means each of the States of Delaware, New Jersey, New York, and Pennsylvania. (3) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (4) Foundation.--The term ``Foundation'' means the National Fish and Wildlife Foundation, a congressionally chartered foundation established by section 2 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701). (5) Grant program.--The term ``grant program'' means the voluntary Delaware River Basin Restoration Grant Program established under section 5. (6) Program.--The term ``program'' means the nonregulatory Delaware River Basin restoration program established under section 4. (7) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend, and for use and enjoyment by the public. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director. (9) Service.--The term ``Service'' means the United States Fish and Wildlife Service. SEC. 4. PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the ``Delaware River Basin restoration program''. (b) Duties.--In carrying out the program, the Secretary shall-- (1) draw on existing and new management plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a Basinwide strategy that-- (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) establish the voluntary grant and technical assistance programs in accordance with section 5. (c) Coordination.--In establishing the program, the Secretary shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resources Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Basin and Basin States-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife, and drinking water for people; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities in the Basin; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities in the Basin. SEC. 5. GRANTS AND ASSISTANCE. (a) Delaware River Basin Restoration Grant Program.--To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program to be known as the ``Delaware River Basin Restoration Grant Program'' to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d). (b) Criteria.--The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the Basinwide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. (2) Funding.--If the Secretary enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements.--If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)). SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2016 through 2021. (b) Use.--Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program under section 5 and to provide, or provide for, technical assistance under such program.

. Delaware River Basin Conservation Act of 2015 (Sec. 4) This bill requires the United States Fish and Wildlife Service (USFWS) to establish a nonregulatory Delaware River Basin restoration program, under which it shall: (1) draw on management plans for the basin or portions of the basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement restoration and protection activities within the basin; (2) adopt a basin-wide strategy that supports the implementation of a shared set of science-based restoration and protection activities, targets cost-effective projects with measurable results, and maximizes conservation outcomes with no net gain of federal full-time equivalent employees; and (3) establish the voluntary grant and technical assistance programs in accordance with this bill. "Basin" is defined as the four-state Delaware Basin region, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (Sec. 5) The USFWS shall: (1) establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out restoration and protection activities within the basin, and (2) develop criteria to ensure that funded activities accomplish specified purposes and advance the implementation of priority actions or needs identified in the strategy adopted under this bill. The USFWS may contract with the National Fish and Wildlife Foundation or another organization that offers grant management services. (Sec. 6) The USFWS shall submit to Congress annually a report on the implementation of this bill, including a description of each project that has received funding. (Sec. 7) Appropriations are authorized to carry out this bill for FY2016-FY2021. The USFWS shall use at least 75% of any amount made available for each fiscal year to carry out the grant program and to provide or provide for technical assistance under such program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``JUMP Ahead Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) millions of young people in America live in areas in which drug use and violent and property crimes are pervasive; (2) unfortunately, many of these same young people come from single parent homes, or from environments in which there is no responsible, caring adult supervision; (3) all children and adolescents need caring adults in their lives, and mentoring is an effective way to fill this special need for at-risk children. The special bond of commitment fostered by the mutual respect inherent in effective mentoring can be the tie that binds a young person to a better future; (4) through a mentoring relationship, adult volunteers and participating youth make a significant commitment of time and energy to develop relationships devoted to personal, academic, or career development and social, artistic, or athletic growth; (5) rigorous independent studies have confirmed that effective mentoring programs can significantly reduce and prevent the use of alcohol and drugs by young people, improve school attendance and performance, improve peer and family and peer relationships, and reduce violent behavior; (6) since the inception of the Federal JUMP program, dozens of innovative, effective mentoring programs have received funding grants; (7) unfortunately, despite the recent growth in public and private mentoring initiatives, it is reported that between 5,000,000 and 15,000,000 additional children in the United States could benefit from being matched with a mentor; and (8) although great strides have been made in reaching at- risk youth since the inception of the JUMP program, millions of vulnerable American children are not being reached, and without an increased commitment to connect these young people to responsible adult role models, our country risks losing an entire generation to drugs, crime, and unproductive lives. SEC. 3. JUVENILE MENTORING GRANTS. (a) In General.--Section 288B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) is amended-- (1) by inserting ``(a) In General.--'' before ``The Administrator shall''; (2) by striking paragraph (2) and inserting the following: ``(2) are intended to achieve 1 or more of the following goals: ``(A) Discourage at-risk youth from-- ``(i) using illegal drugs and alcohol; ``(ii) engaging in violence; ``(iii) using guns and other dangerous weapons; ``(iv) engaging in other criminal and antisocial behavior; and ``(v) becoming involved in gangs. ``(B) Promote personal and social responsibility among at-risk youth. ``(C) Increase at-risk youth's participation in, and enhance the ability of those youth to benefit from, elementary and secondary education. ``(D) Encourage at-risk youth participation in community service and community activities. ``(E) Provide general guidance to at-risk youth.''; and (3) by adding at the end the following: ``(b) Amount and Duration.--Each grant under this part shall be awarded in an amount not to exceed a total of $200,000 over a period of not more than 3 years. ``(c) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for each of fiscal years 1999, 2000, 2001, and 2002 to carry out this part.''. SEC. 4. IMPLEMENTATION AND EVALUATION GRANTS. (a) In General.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice may make grants to national organizations or agencies serving youth, in order to enable those organizations or agencies-- (1) to conduct a multisite demonstration project, involving between 5 and 10 project sites, that-- (A) provides an opportunity to compare various mentoring models for the purpose of evaluating the effectiveness and efficiency of those models; (B) allows for innovative programs designed under the oversight of a national organization or agency serving youth, which programs may include-- (i) technical assistance; (ii) training; and (iii) research and evaluation; and (C) disseminates the results of such demonstration project to allow for the determination of the best practices for various mentoring programs; (2) to develop and evaluate screening standards for mentoring programs; and (3) to develop and evaluate volunteer recruitment techniques and activities for mentoring programs. (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 1999, 2000, 2001, and 2002 to carry out this section. SEC. 5. EVALUATIONS; REPORTS. (a) Evaluations.-- (1) In general.--The Attorney General shall enter into a contract with an evaluating organization that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs and activities assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act). (2) Criteria.--The Attorney General shall establish a minimum criteria for evaluating the programs and activities assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act), which shall provide for a description of the implementation of the program or activity, and the effect of the program or activity on participants, schools, communities, and youth served by the program or activity. (3) Mentoring program of the year.--The Attorney General shall, on an annual basis, based on the most recent evaluation under this subsection and such other criteria as the Attorney General shall establish by regulation-- (A) designate 1 program or activity assisted under this Act as the ``Juvenile Mentoring Program of the Year''; and (B) publish notice of such designation in the Federal Register. (b) Reports.-- (1) Grant recipients.--Each entity receiving a grant under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act) shall submit to the evaluating organization entering into the contract under subsection (a)(1), an annual report regarding any program or activity assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act). Each report under this paragraph shall be submitted at such time, in such a manner, and shall be accompanied by such information, as the evaluating organization may reasonably require. (2) Comptroller general.--Not later than 4 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report evaluating the effectiveness of grants awarded under this Act and under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act), in-- (A) reducing juvenile delinquency and gang participation; (B) reducing the school dropout rate; and (C) improving academic performance of juveniles.

JUMP Ahead Act of 1997 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) with respect to juvenile mentoring grants. Specifies goals for the grant program and limits the amount and duration of grants. Authorizes appropriations. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make youth mentoring program implementation and evaluation grants to national organizations or agencies serving youth. Authorizes appropriations. Directs the Attorney General to: (1) contract with an evaluating organization for an ongoing evaluation of the programs and activities assisted under this Act or under JJDPA; (2) establish minimum criteria for evaluating such programs and activities; and (3) annually designate a program or activity assisted under this Act as the Juvenile Mentoring Program of the Year. Requires each grant recipient under this Act or under JJDPA to report annually to the evaluating organization on any program or activity so assisted. Requires a report to the Congress evaluating such grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fortifying America's Intellectual Property Rights (FAIR) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) International markets are vital to intellectual property industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread patent and trademark infringement and the unauthorized reproduction, distribution, and sale of copyrighted works created in the United States. (2) The United States is the world's largest creator, producer, and exporter of copyrighted materials, accounting for more than 5 percent of the Gross Domestic Product (GDP) of the United States and adding billions of dollars to the United States economy annually. (3) International markets are vital to creative industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread piracy--the unauthorized reproduction, distribution, and sale of works created in the United States. (4) Global piracy affecting the motion picture industry is estimated as amounting to $3,500,000,000 annually, not including illegal downloading. Globally, 2 in 5 music recordings are pirated copies, with annual world-wide sales of pirated music estimated at from $4,000,000,000 to $5,000,000,000. The software industry estimates losses of more than $13,000,000,000 in 2002 due to worldwide piracy. (5) The United States Trade Representative (USTR) has been charged with identifying countries that deny adequate and effective protection of intellectual property rights. The effective use of trade tools by the USTR, including the negotiation of bilateral free trade agreements, serves an essential role in protecting abroad the intellectual property rights of United States persons. (6) The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. Currently, the Office of the Assistant United States Trade Representative for Services, Investment and Intellectual Property has a substantially large workload, given that services and investment account for more than 50 percent of the United States economy. (7) The USTR's ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters, headed by an Assistant United States Trade Representative for Intellectual Property Rights. The resources dedicated to securing high standards of protection in trade agreements and enforcing those provisions vigorously should likewise be enhanced. SEC. 3. ASSISTANT U.S. TRADE REPRESENTATIVE FOR INTELLECTUAL PROPERTY RIGHTS. Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end the following: ``(6)(A) There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative. ``(B) The Assistant United States Trade Representative for Intellectual Property Rights shall have primary responsibility for-- ``(i) intellectual property matters relating to bilateral and multilateral trade agreements, including-- ``(I) enforcement of, and any modifications to, the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); and ``(II) the negotiation and enforcement of intellectual property provisions of any other bilateral or multilateral trade agreement to which the United States is a party; ``(ii) the identification of countries under paragraphs (1) and (2) of section 182(a) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1) and (2)), and any investigations under chapter 1 of title III of that Act (19 U.S.C. 2411 et seq.) arising from such identification or other actions of a foreign country described in section 182(a)(1) of that Act; and ``(iii) monitoring the extent to which the trading partners of the United States protect and enforce intellectual property rights of United States persons. ``(C) At least 6 professional staff members shall be assigned to assist the Assistant United States Trade Representative for Intellectual Property Rights in carrying out his or her functions, of which 3 shall be assigned to matters relating to enforcement. ``(D) The Assistant United States Trade Representative should direct and coordinate all interagency activities, including in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and the Register of Copyrights, on trade-related intellectual property matters and serve as the primary contact in the executive branch for all matters described in subparagraph (B). ``(E) The Assistant United States Trade Representative for Intellectual Property Rights shall receive compensation at the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. SEC. 4. CONSTRUCTION. Nothing in this Act or the amendment made by this Act shall be construed to limit the powers and duties of the United States Patent and Trademark Office or the United States Copyright Office.

Fortifying America's Intellectual Property Rights (FAIR) Act - Amends the Trade Act of 1974 to establish in the Office of the United States Trade Representative the position of Assistant United States Trade Representative for Intellectual Property Rights, with primary responsibility for: (1) intellectual property matters relating to trade agreements and the negotiation and enforcement of intellectual property provisions of any such agreement to which the United States is a party; (2) identification and investigation of foreign countries that deny adequate protection of intellectual property rights or that deny fair market access to U.S. persons that rely upon intellectual property protections; and (3) monitoring the extent to which U.S. trading partners protect and enforce intellectual property rights of U.S. persons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Families in their Home Act of 2012''. SEC. 2. BANK LEASING OF FORECLOSED PROPERTIES. (a) In General.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following: ``(aa) Leasing of Foreclosed Property.-- ``(1) Leasing authorized.-- ``(A) In general.--A depository institution or any affiliate of a depository institution, subject to this subsection and regulations prescribed under this subsection, may lease to any person, including a lease with an option to purchase or a right of first refusal, for not to exceed 5 years, an interest in residential property which-- ``(i) was or is security for an extension of credit by such depository institution or affiliate; and ``(ii) came under the ownership or control of the depository institution or affiliate through foreclosure, or a deed in lieu of foreclosure, on the extension of credit. ``(B) Preemption.--Subparagraph (A) shall apply, notwithstanding any other provision of Federal or State law-- ``(i) restricting the time during which a depository institution or any affiliate of a depository institution may hold or lease property; or ``(ii) prohibiting a depository institution or any affiliate of a depository institution from leasing property. ``(2) Safety and soundness regulations.--The Federal banking agencies shall jointly prescribe regulations which-- ``(A) establish criteria and minimum requirements for the leasing activity of any depository institution or affiliate of a depository institution, including minimum capital requirements, that the agencies determine to be appropriate for the preservation of the safety and soundness of the depository institution or affiliate; ``(B) establish requirements or exceptions that the agencies determine are appropriate under this subsection for any such depository institution or affiliate for any other purpose; and ``(C) provide for appropriate actions under section 38 with respect to any such lease, as necessary to protect the capital or safety and soundness of the depository institution or affiliate or any other necessary enforcement action. ``(3) Length of lease.--If any provision of any Federal or State law, including the Bank Holding Company Act of 1956, governing the permissible activities of depository institutions or affiliates of depository institutions permits a depository institution or any such affiliate to hold property as described in paragraph (1) for a period longer than 5 years, any lease under paragraph (1) may be extended to the extent permitted by such provision of law. ``(4) Sunset.--This section shall apply only with respect to leases entered into during the 3-year period beginning on the date of enactment of the Keeping Families in their Home Act of 2012.''. (b) Intent of Congress.--It is the intent of Congress that-- (1) no permanent change in policy on leasing foreclosed property is established by virtue of the enactment of this section with respect to depository institutions and depository institution holding companies; and (2) subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by this section) should not apply to leases entered into after the sunset date contained in such subsection. SEC. 3. GOVERNMENT SPONSORED ENTERPRISE LEASING OF FORECLOSED PROPERTIES. (a) In General.--For the purpose of mitigating losses to the taxpayer and stabilizing home prices, an enterprise may market for rental any real estate owned properties and assets of such enterprises and enter into lease agreements with lessees, as the Federal Housing Finance Agency determines appropriate, prior to the sale of such properties and assets, except that any such lease agreement shall be for a term that is not longer than 5 years. Authority to enter into leasing agreements pursuant to this subsection shall terminate 3 years after the date of enactment of this Act. (b) Enterprise Defined.--The term ``enterprise'' means-- (1) the Federal National Mortgage Association; and (2) the Federal Home Loan Mortgage Corporation.

Keeping Families in their Home Act of 2012 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase or a right of first refusal, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit. Preempts any federal or state law that would: (1) restrict the time during which a depository institution or its affiliate may hold or lease property, or (2) prohibit a depository institution or its affiliate from leasing property. Directs the federal banking agencies to prescribe specified joint safety and soundness regulations, including minimum capital requirements for such institutions or affiliates. Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits. Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act. Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period. Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Adoption Act of 2013''. SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM. Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j)) is amended-- (1) by striking ``(j) Lifeline Assistance.--Nothing in this'' and inserting the following: ``(j) Lifeline Assistance.-- ``(1) In general.--Nothing in this''; and (2) by adding at the end the following: ``(2) Broadband lifeline assistance program.-- ``(A) Purpose.--The purpose of this paragraph is to promote the adoption of broadband service by all people of the United States while recognizing that the price of broadband service is one of the barriers to adoption for low income households. ``(B) Establishment.-- ``(i) In general.--Not later than 270 days after the date of enactment of the Broadband Adoption Act of 2013, the Commission shall adopt a final rule establishing Lifeline program support for broadband that enables qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. The Commission shall consider the results of the Low-Income Broadband Pilot Program when establishing such final rule. ``(ii) Model.--Such program shall be similar in structure to the Lifeline program for basic telephone service under subpart E of part 54 of title 47, Code of Federal Regulations. Qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. ``(iii) Digital literacy program.--The Commission shall consider providing a preference to participating broadband service providers that include components involving digital literacy programs as part of their offerings. ``(C) State matching funds.--The Commission may determine, in consultation with the Federal-State Joint Board instituted under subsection (a)(1), whether State matching funds may be provided as a condition of eligibility for low-income households within such State. ``(D) Amount of support.-- ``(i) In general.--The Commission, in calculating the amount of Lifeline support to be provided to each low-income household, shall routinely study the prevailing market price for broadband service and the prevailing speed of broadband service adopted by households. ``(ii) Information.--To fulfill the requirement under clause (i), the Commission shall rely on information that it routinely collects or that is publicly available. ``(E) Technology neutral.-- ``(i) In general.--The Commission shall ensure that the program established under subparagraph (B)(i) is neutral as to the types of technology used to provide voice telephony or broadband service under the Lifeline program to promote competition from service providers to qualify under such program. ``(ii) Authorization.--A participating broadband service provider need not be an eligible telecommunications carrier to receive support under such program, but such provider shall obtain authorization from the Commission in order to participate in the program. ``(F) Accountability.-- ``(i) Nonduplication.--In establishing the program under subparagraph (B)(i), the Commission shall adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household. Only one Lifeline program support amount per eligible household shall be available to qualifying individuals. ``(ii) Preventing waste, fraud, or abuse.-- In adopting rules to implement this paragraph, the Commission shall consider any appropriate measures to prevent any waste, fraud, or abuse of this program. ``(iii) Eligibility.--The Commission, in consultation with other relevant Federal agencies, shall establish a national database which can be used to determine consumer eligibility for Lifeline program subsidies.''.

Broadband Adoption Act of 2013 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to adopt a final rule establishing support for broadband under the Universal Service Fund Lifeline Assistance Program to enable qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. Establishes a program model under which qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. Authorizes the FCC to determine whether state matching funds may be provided as a condition of eligibility for low-income households within such state. Requires the program to be technology neutral to promote competition from service providers. Requires a broadband service provider that is not an eligible telecommunications carrier to obtain FCC authorization to participate in the program. Directs the FCC to: (1) adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household, and (2) establish a national database to determine consumer eligibility. Limits qualifying individuals to only one Lifeline program support amount per eligible household.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Are Vital to Everyone's Retirement Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) The impending retirement of the baby boom generation will severely strain our already overburdened entitlement system, necessitating increased reliance on pension and other personal savings. (2) Studies have found that less than a third of Americans have even tried to calculate how much they will need to have saved by retirement, and that less than 20 percent are very confident they will have enough money to live comfortably throughout their retirement. (3) A leading obstacle to expanding retirement savings is the simple fact that far too many Americans--particularly the young-- are either unaware of, or without the knowledge and resources necessary to take advantage of, the extensive benefits offered by our retirement savings system. (b) Purpose.--It is the purpose of this Act-- (1) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; (2) to provide for a periodic, bipartisan national retirement savings summit in conjunction with the White House to elevate the issue of savings to national prominence; and (3) to initiate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy. SEC. 3. OUTREACH BY THE DEPARTMENT OF LABOR. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``outreach to promote retirement income savings ``Sec. 516. (a) In General.--The Secretary shall maintain an ongoing program of outreach to the public designed to effectively promote retirement income savings by the public. ``(b) Methods.--The Secretary shall carry out the requirements of subsection (a) by means which shall ensure effective communication to the public, including publication of public service announcements, public meetings, creation of educational materials, and establishment of a site on the Internet. ``(c) Information To Be Made Available.--The information to be made available by the Secretary as part of the program of outreach required under subsection (a) shall include the following: ``(1) a description of the vehicles currently available to individuals and employers for creating and maintaining retirement income savings, specifically including information explaining to employers, in simple terms, the characteristics and operation of the different retirement savings vehicles, including the steps to establish each such vehicle; and ``(2) information regarding matters relevant to establishing retirement income savings, such as-- ``(A) the forms of retirement income savings; ``(B) the concept of compound interest; ``(C) the importance of commencing savings early in life; ``(D) savings principles; ``(E) the importance of prudence and diversification in investing; ``(F) the importance of the timing of investments; and ``(G) the impact on retirement savings of life's uncertainties, such as living beyond one's life expectancy. ``(d) Establishment of Site on the Internet.--The Secretary shall establish a permanent site on the Internet concerning retirement income savings. The site shall contain at least the following information: ``(1) a means for individuals to calculate their estimated retirement savings needs, based on their retirement income goal as a percentage of their preretirement income; ``(2) a description in simple terms of the common types of retirement income savings arrangements available to both individuals and employers (specifically including small employers), including information on the amount of money that can be placed into a given vehicle, the tax treatment of the money, the amount of accumulation possible through different typical investment options and interest rate projections, and a directory of resources of more descriptive information; ``(3) materials explaining to employers in simple terms, the characteristics and operation of the different retirement savings arrangements for their workers and what the basic legal requirements are under this Act and the Internal Revenue Code of 1986, including the steps to establish each such arrangement; ``(4) copies of all educational materials developed by the Department of Labor, and by other Federal agencies in consultation with such Department, to promote retirement income savings by workers and employers; and ``(5) links to other sites maintained on the Internet by governmental agencies and nonprofit organizations that provide additional detail on retirement income savings arrangements and related topics on savings or investing. ``(e) Coordination.--The Secretary shall coordinate the outreach program under this section with similar efforts undertaken by other public and private entities.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 514 the following new items: ``Sec. 515. Delinquent contributions. ``Sec. 516. Outreach to promote retirement income savings.''. SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAVINGS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 3 of this Act, is amended by adding at the end the following new section: ``national summit on retirement savings ``Sec. 517. (a) Authority To Call Summit.--Not later than July 15, 1998, the President shall convene a National Summit on Retirement Income Savings at the White House, to be co-hosted by the President and the Speaker and the Minority Leader of the House of Representatives and the Majority Leader and Minority Leader of the Senate. Such a National Summit shall be convened thereafter in 2001 and 2005 on or after September 1 of each year involved. Such a National Summit shall-- ``(1) advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; ``(2) facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(3) develop recommendations for additional research, reforms, and actions in the field of private pensions and individual retirement savings; and ``(4) disseminate the report of, and information obtained by, the National Summit and exhibit materials and works of the National Summit. ``(b) Planning and Direction.--The National Summit shall be planned and conducted under the direction of the Secretary, in consultation with, and with the assistance of, the heads of such other Federal departments and agencies as the President may designate. Such assistance may include the assignment of personnel. The Secretary shall, in planning and conducting the National Summit, consult with the congressional leaders specified in subsection (e)(2). The Secretary shall also, in carrying out the Secretary's duties under this subsection, consult and coordinate with at least one organization made up of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings. ``(c) Purpose of National Summit.--The purpose of the National Summit shall be-- ``(1) to increase the public awareness of the value of personal savings for retirement; ``(2) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; ``(3) to facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(4) to identify the problems workers have in setting aside adequate savings for retirement; ``(5) to identify the barriers which employers, especially small employers, face in assisting their workers in accumulating retirement savings; ``(6) to examine the impact and effectiveness of individual employers to promote personal savings for retirement among their workers and to promote participation in company savings options; ``(7) to examine the impact and effectiveness of government programs at the Federal, State, and local levels to educate the public about, and to encourage, retirement income savings; ``(8) to develop such specific and comprehensive recommendations for the legislative and executive branches of the Government and for private sector action as may be appropriate for promoting private pensions and individual retirement savings; and ``(9) to develop recommendations for the coordination of Federal, State, and local retirement income savings initiatives among the Federal, State, and local levels of government and for the coordination of such initiatives. ``(d) Scope of National Summit.--The scope of the National Summit shall consist of issues relating to individual and employer-based retirement savings and shall not include issues relating to the old- age, survivors, and disability insurance program under title II of the Social Security Act. ``(e) National Summit Participants.-- ``(1) In general.--To carry out the purposes of the National Summit, the National Summit shall bring together-- ``(A) professionals and other individuals working in the fields of employee benefits and retirement savings; ``(B) Members of Congress and officials in the executive branch; ``(C) representatives of State and local governments; ``(D) representatives of private sector institutions, including individual employers, concerned about promoting the issue of retirement savings and facilitating savings among American workers; and ``(E) representatives of the general public. ``(2) Statutorily required participation.--The participants in the National Summit shall include the following individuals or their designees: ``(A) the Speaker and the Minority Leader of the House of Representatives; ``(B) the Majority Leader and the Minority Leader of the Senate; ``(C) the Chairman and ranking Member of the Committee on Education and the Workforce of the House of Representatives; ``(D) the Chairman and ranking Member of the Committee on Labor and Human Resources of the Senate; ``(E) the Chairman and ranking Member of the Special Committee on Aging of the Senate; ``(F) the Chairman and ranking Member of the Subcommittees on Labor, Health and Human Services, and Education of the Senate and House of Representatives; and ``(G) the parties referred to in subsection (b). ``(3) Additional participants.-- ``(A) In general.--There shall be not more than 200 additional participants. Of such additional participants-- ``(i) one-half shall be appointed by the President, in consultation with the elected leaders of the President's party in Congress (either the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, and either the Majority Leader or the Minority Leader of the Senate; and ``(ii) one-half shall be appointed by the elected leaders of Congress of the party to which the President does not belong (one-half of that allotment to be appointed by either the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, and one-half of that allotment to be appointed by either the Majority Leader or the Minority Leader of the Senate). ``(B) Appointment requirements.--The additional participants described in subparagraph (A) shall be-- ``(i) appointed not later than January 31, 1998; ``(ii) selected without regard to political affiliation or past partisan activity; and ``(iii) representative of the diversity of thought in the fields of employee benefits and retirement income savings. ``(4) Presiding officers.--The National Summit shall be presided over equally by representatives of the executive and legislative branches. ``(f) National Summit Administration.-- ``(1) Administration.--In administering this section, the Secretary shall-- ``(A) request the cooperation and assistance of such other Federal departments and agencies and other parties referred to in subsection (b) as may be appropriate in the carrying out of this section; ``(B) furnish all reasonable assistance to State agencies, area agencies, and other appropriate organizations to enable them to organize and conduct conferences in conjunction with the National Summit; ``(C) make available for public comment a proposed agenda for the National Summit that reflects to the greatest extent possible the purposes for the National Summit set out in this section; ``(D) prepare and make available background materials for the use of participants in the National Summit that the Secretary considers necessary; and ``(E) appoint and fix the pay of such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. ``(2) Duties.--The Secretary shall, in carrying out the responsibilities and functions of the Secretary under this section, and as part of the National Summit, ensure that-- ``(A) the National Summit shall be conducted in a manner that ensures broad participation of Federal, State, and local agencies and private organizations, professionals, and others involved in retirement income savings and provides a strong basis for assistance to be provided under paragraph (1)(B); ``(B) the agenda prepared under paragraph (1)(C) for the National Summit is published in the Federal Register; and ``(C) the personnel appointed under paragraph (1)(E) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities. ``(3) Nonapplication of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Summit. ``(g) Report.--The Secretary shall prepare a report describing the activities of the National Summit and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than 90 days after the date on which the National Summit is adjourned. ``(h) Definition.--For purposes of this section, the term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. ``(i) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated for fiscal years beginning on or after October 1, 1997, such sums as are necessary to carry out this section. ``(2) Authorization to accept private contributions.--In order to facilitate the National Summit as a public-private partnership, the Secretary may accept private contributions, in the form of money, supplies, or services, to defray the costs of the National Summit. ``(j) Financial Obligation for Fiscal Year 1998.--The financial obligation for the Department of Labor for fiscal year 1998 shall not exceed the lesser of-- ``(1) one-half of the costs of the National Summit; or ``(2) $250,000. The private sector organization described in subsection (b) and contracted with by the Secretary shall be obligated for the balance of the cost of the National Summit. ``(k) Contracts.--The Secretary may enter into contracts to carry out the Secretary's responsibilities under this section. The Secretary shall enter into a contract on a sole-source basis to ensure the timely completion of the National Summit in fiscal year 1998.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act, as amended by section 3 of this Act, is amended by inserting after the item relating to section 516 the following new item: ``Sec. 517. National Summit on Retirement Savings.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing program of outreach to the public to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Includes among the information to be disseminated through such program: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers. Directs the President to convene a National Summit on Retirement Income Savings, no later than July 15, 1998, and again in September 2001 and September 2005. Authorizes appropriations. Limits the Department of Labor's FY 1998 obligation for the National Summit to one-half its costs, or $250,000, whichever is less, with the balance to be made up by an organization of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Development Incentives Act''. SEC. 2. EXPANSION OF RENEWABLE RESOURCE CREDIT TO INCLUDE ALTERNATIVE RESOURCES. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) alternative resources.''. (b) Definition of Alternative Resources.--Section 45(c) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following: ``(5) Alternative Resources.-- ``(A) In general.--The term `alternative resources' means-- ``(i) solar, ``(ii) biomass (other than closed loop biomass), ``(iii) incremental hydropower, and ``(iv) geothermal energy. ``(B) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material, which is segregated from other waste materials, and which is derived from-- ``(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber or black liquor, ``(ii) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, or ``(iii) waste pallets, crates, and dunnage, and landscape or right-of-way tree trimmings, but not including-- ``(I) unsegregated municipal solid waste (garbage), or ``(II) post-consumer wastepaper which can be recycled affordably. ``(C) Incremental hydropower.--The term `incremental hydropower' means additional generating capacity achieved from-- ``(i) increased efficiency, or ``(ii) additions of new capacity, at a licensed non-Federal hydroelectric project originally placed in service before the date of enactment of this paragraph.''. (c) Qualified Facility.--Section 45(c)(3) of the Internal Revenue Code of 1986 (defining qualified facility) is amended by adding at the end the following: ``(D) Alternative resources facility.--In the case of a facility using alternative resources to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 1992.''. (d) Government-Owned Facility.--The text and heading of section 45(d)(6) of the Internal Revenue Code of 1986 (relating to credit eligibility in the case of government-owned facilities using poultry waste) is amended by inserting ``or alternative resources'' after ``poultry waste'' each place it appears. (e) Qualified Facilities With Co-Production.--Section 45(b) of the Internal Revenue Code of 1986 (relating to limitations and adjustments) is amended by adding at the end the following: ``(4) Increased credit for co-production facilities.-- ``(A) In general.--In the case of a qualified facility described in subsection (c)(3)(D) which has a co-production facility or a qualified facility described in subparagraph (A), (B), or (C) of subsection (c)(3) which adds a co-production facility after the date of the enactment of this paragraph, the amount in effect under subsection (a)(1) for an eligible taxable year of a the taxpayer shall (after adjustment under paragraphs (1), (2), and (3)) be increased by .25 cents. ``(B) Co-production facility.--For purposes of subparagraph (A), the term `co-production facility' means a facility which-- ``(i) enables a qualified facility to produce heat, mechanical power, or minerals from qualified energy resources in addition to electricity, and ``(ii) produces such energy on a continuous basis. ``(C) Eligible taxable year.--For purposes of subparagraph (A), the term `eligible taxable year' means any taxable year in which the amount of gross receipts attributable to the co-production facility of a qualified facility are at least 10 percent of the amount of gross receipts attributable to electricity produced by such facility.''. (f) Qualified Facilities Located Within Qualified Indian Lands.-- Section 45(b) of the Internal Revenue Code of 1986 (relating to limitations and adjustments), as amended by subsection (e), is amended by adding at the end the following: ``(5) Increased credit for qualified facility located within qualified indian land.--In the case of a qualified facility described in subsection (c)(3)(D) which-- ``(A) is located within-- ``(i) qualified Indian lands (as defined in section 7871(c)(3)), or ``(ii) lands which are held in trust by a Native Corporation (as defined in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) for Alaska Natives, and ``(B) is operated with the explicit written approval of the Indian tribal government or Native Corporation (as so defined) having jurisdiction over such lands, the amount in effect under subsection (a)(1) for a taxable year shall (after adjustment under paragraphs (1), (2), (3), and (4)) be increased by .25 cents.''. (g) Effective Date.--The amendments made by this section shall apply to electricity and other energy produced in taxable years beginning after the date of the enactment of this Act. SEC. 2. ADDITIONAL MODIFICATIONS OF RENEWABLE RESOURCE CREDIT. (a) Credit May Be Transferred.--Section 45(d) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(8) Credit may be transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through agreements by the owner of a qualified facility-- ``(A) with any organization that purchases electricity from, or sells electricity for, such facility, or ``(B) if such owner is exempt from tax under this chapter.''. (b) Coordination With Other Credits.--Section 45(d) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following: ``(9) Coordination with other credits.--This section shall not apply to any qualified facility with respect to which the energy credit under section 48 is allowed for the taxable year unless the taxpayer elects to waive the application of such credit to such facility.''. (c) Expansion To Include Animal Waste.--Section 45 of the Internal Revenue Code of 1986 (relating to electricity produced from certain renewable resources) is amended-- (1) in the text and headings of subsections (c) and (d)(6), by inserting ``or other animal waste'' after ``poultry waste'' each place it appears, and (2) in subsection (c)(4), by inserting ``or other animal'' after ``poultry''. (d) Treatment of Qualified Facilities Not In Compliance With Pollution Laws.--Section 45(c)(3) of the Internal Revenue Code of 1986 (relating to qualified facilities), as amended by section 1(c), is amended by adding at the end the following: ``(E) Noncompliance with pollution laws.--For purposes of this paragraph, a facility which is not in compliance with the applicable State and Federal pollution prevention, control, and permit requirements for any period of time shall not be considered to be a qualified facility during such period.''. (e) Credit Allowable Against Regular and Minimum Tax.-- (1) In general.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following: ``(3) Special rules for renewable electricity production credit.-- ``(A) In general.--In the case of the renewable electricity production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the renewable electricity production credit). ``(B) Renewable electricity production credit.--For purposes of this subsection, the term `renewable electricity production credit' means the credit allowable under subsection (a) by reason of section 45(a).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the renewable electricity production credit'' after ``employment credit''. (f) Credit Made Permanent.--Section 45 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (g) Expansion of Qualified Facility Dates.--Subparagraphs (A), (B), and (C) of section 45(c)(3) of the Internal Revenue Code of 1986 (relating to qualified facility) are each amended by striking ``, and before January 1, 2002''. (h) Effective Date.--The amendments made by this section shall apply to electricity and other energy produced in taxable years beginning after the date of the enactment of this Act.

Renewable Energy Development Incentives Act - Amends the Internal Revenue Code respecting the renewable resource credit to: (1) include alternative resources (solar, biomass, incremental hydropower, and geothermal energy); (2) provide an increased credit for certain co-production facilities, and for qualified facilities on Indian and Alaskan Native Indian lands; (3) provide for credit transferability; (4) require facility compliance with pollution laws; and (5) eliminate the January 1, 2002, placed-in-service date for purposes of qualified facility eligibility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Social Work Training Act of 2009''. SEC. 2. SOCIAL WORK STUDENTS. (a) Health Professions Schools.--Section 736(g)(1)(A) of the Public Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by inserting ``, including a graduate program in clinical social work or a program in social work'', after ``graduate program in behavioral or mental health''. (b) Scholarships.--Section 737(d)(1)(A) of the Public Health Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by inserting ``(including a graduate program in clinical psychology, a graduate program in clinical social work, or a program in social work)'' after ``mental health practice''. (c) Loan Repayments and Fellowships Regarding Faculty Positions.-- Section 738(a) of the Public Health Service Act (42 U.S.C. 293b(a)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A), by inserting ``social work,'' after ``nursing,''; (B) subparagraph (B), by inserting ``social work,'' after ``nursing,''; and (2) in paragraph (3), by inserting ``, including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work'' after ``offering graduate programs in behavioral and mental health''. SEC. 3. GERIATRICS TRAINING PROJECTS. Section 753(b) of the Public Health Service Act (42 U.S.C. 294c(b)) is amended-- (a) in paragraph (1)-- (1) by inserting ``schools offering degrees in social work,'' after ``teaching hospitals,''; (2) by inserting ``(including social workers)'' after ``behavioral and mental health professionals''; and (3) by inserting ``(including geriatric social work)'' after ``geriatric behavioral or mental health''; (b) in paragraph (2)-- (1) in subparagraph (C)-- (A) by inserting ``(including social workers)'' after ``mental health professionals''; and (B) by inserting ``(including social work)'' after ``geriatric behavioral or mental health''; and (2) in subparagraph (d), by striking ``geriatrics or behavioral or mental health'' and inserting ``geriatrics, behavioral or mental health, or social work''; and (c) in paragraph (3)(A)(iii)-- (1) by inserting ``(including social workers)'' after ``behavioral and mental health professionals''; and (2) by inserting ``or departments of social work'' after ``departments of behavioral or mental health''. SEC. 4. SOCIAL WORK TRAINING PROGRAM. Subpart 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended-- (1) by redesignating section 770 as section 770A; (2) by inserting after section 769, the following: ``SEC. 770. SOCIAL WORK TRAINING PROGRAM. ``(a) Training.--The Secretary may make grants to, or enter into contracts with, any public or nonprofit private hospital, any school offering a program in social work, or any public or private nonprofit entity that the Secretary has determined is capable of carrying out such grant or contract-- ``(1) to plan, develop, and operate, or participate in, an approved social work training program (including an approved residency or internship program) for students, interns, residents, or practicing physicians; ``(2) to provide financial assistance (in the form of traineeships and fellowships) to students, interns, residents, practicing physicians, or other individuals, who-- ``(A) are in need of such assistance; ``(B) are participants in any such program; and ``(C) plan to specialize or work in the practice of social work; ``(3) to plan, develop, and operate a program for the training of individuals who plan to teach in a social work training program; and ``(4) to provide financial assistance (in the form of traineeships and fellowships) to individuals who are participants in any such traineeship or fellowship program and who plan to teach in a social work training program. ``(b) Academic Administrative Units.-- ``(1) In general.--The Secretary may award grants to, or enter into contracts with, schools offering programs in social work to meet the costs of projects to establish, maintain, or improve academic administrative units (which may be departments, divisions, or other units) to provide clinical instruction in social work. ``(2) Preference in making awards.--In awarding grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of-- ``(A) establishing an academic administrative unit for a program in social work; or ``(B) substantially expanding the programs of such a unit. ``(c) Duration of Award.--The period during which payments are made to an entity from an award of a grant or contract under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments. ``(d) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010, 2011, and 2012. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 20 percent for awards of grants and contracts under subsection (b).''; and (3) in section 770A, as redesignated by paragraph (1), by inserting ``except for section 770,'' after ``carrying out this subpart,''. SEC. 5. CLINICAL SOCIAL WORKER SERVICES. Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is amended-- (1) in paragraphs (1) and (2), by inserting ``clinical social worker,'' after ``psychologist,'' each place the term appears; (2) in paragraph (4)(A), by striking ``and psychologists'' and inserting ``psychologists, and clinical social workers''; and (3) in paragraph (5), by inserting ``clinical social work,'' after ``psychology,''.

Strengthen Social Work Training Act of 2009 - Amends the Public Health Service Act to include a graduate program in clinical social work or a program in social work among health professions schools eligible for grants to support programs for underrepresented minorities. Includes graduate programs in clinical psychology, graduate programs in clinical social work, and programs in social work among health education programs eligible for grants to: (1) provide scholarships to disadvantaged students; and (2) offer faculty positions to disadvantaged students. Allows the Secretary of Health and Human Services (HHS) to make grants to, and enter into contracts with: (1) schools offering degrees in social work to provide support for geriatric training projects; (2) hospitals, schools, or other entities to plan, develop, and operate or participate in an approved social work training program and to provide financial assistance to program participants that are planning to specialize, work, or teach in the field of social work; and (3) schools offering social work programs to establish, maintain, or improve academic administrative units to provide clinical instruction in social work. Authorizes health maintenance organizations (HMOs) to offer health services through a clinical social worker as provided for under state law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Fatality Reduction Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year in the United States, over 100 firefighters die in the line of duty, while an additional tens of thousands of firefighters are injured. (2) The Federal Government has a vested interest in protecting firefighter health and safety, as it relies on local fire departments to efficiently and effectively implement the National Response Framework in the response to major disasters. (3) Adequate training, proper personal protective equipment, safe staffing levels, safe operating procedures, and physical and mental fitness of firefighters can reduce avoidable firefighter fatalities. (4) The fire services, in conjunction with Government agencies and interested private-sector parties, has partnered with standards-making bodies to develop national consensus standards for safe fire department operations and fire fighting capabilities. (5) Such standards are widely respected and promoted by all facets of the fire service to better ensure firefighter health and safety. (6) Through its Firefighter Fatality Investigation and Prevention Program, the National Institute for Occupational Safety and Health has identified the failure to follow specific national consensus standards as a contributing factor in many firefighter deaths. (7) A comprehensive accounting of fire department compliance with national consensus standards would help policy makers seeking to enhance public safety and reduce avoidable firefighter fatalities. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``fire department'' includes a career, volunteer, or combination fire department operated by the Federal Government, a State, or a local government; (2) the term ``fire service'' has the meaning given that term in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203); (3) the term ``national consensus standards'' means the most recently issued national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness relating to fire department operations and firefighting practices, as of the date of the enactment of this Act. (4) the term ``Secretary'' means the Secretary of Homeland Security; and (5) the term ``Task Force'' means the Task Force to Enhance Firefighter Safety established under section 5(a). SEC. 4. SURVEY BY THE DEPARTMENT OF HOMELAND SECURITY. (a) Survey Required.--Not later than 120 days after the date of enactment of this Act, the Secretary shall begin to conduct a survey of each fire department located in the United States, under which the Secretary shall determine whether each such fire department is in compliance with national consensus standards. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the survey required under subsection (a), including an accounting of whether each fire department located in the United States is in compliance with national consensus standards. SEC. 5. ESTABLISHMENT OF TASK FORCE TO ENHANCE FIREFIGHTER SAFETY. (a) Establishment.--Not later than 120 days after the date on which the Secretary submits the report to Congress required under section 4(b), the Secretary shall establish a task force to be known as the Task Force to Enhance Firefighter Safety. (b) Membership.-- (1) In general.--The members of the Task Force shall be appointed by the Secretary and shall include-- (A) representatives of national organizations representing firefighters and fire chiefs; (B) individuals representing standards-setting and accrediting organizations relating to fire department operations and firefighting practices, including representatives from the voluntary consensus codes and standards development community; and (C) other individuals as the Secretary determines to be appropriate. (2) Representatives of other departments and agencies.--The Secretary may invite representatives of other departments and agencies of the Federal Government that have an interest in the fire service to participate in the meetings and other activities of the Task Force. (3) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary, except that a term of service of any such member may not exceed 2 years. (c) Responsibilities.--The Task Force shall develop a plan to enhance firefighter safety by increasing fire department compliance with national consensus standards. In developing the plan under this subsection, the Task Force shall consider ways in which the Federal Government, States, and local governments can promote, encourage, or require fire departments to comply with national consensus standards. (d) Report to Congress.--Not later than 1 year after the date on which the Secretary establishes the Task Force, the Task Force shall submit to Congress and the Secretary a report containing the findings and recommendations of the Task Force together with the plan described in subsection (c).

Firefighter Fatality Reduction Act of 2008 - Directs the Secretary of Homeland Security to: (1) conduct a survey of and report to Congress on the compliance of fire departments in the United States with national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness relating to fire department operations and firefighting practices; and (2) establish a Task Force to Enhance Firefighter Safety to develop a plan to enhance firefighter safety by increasing compliance with such standards and to consider ways in which the federal government, states, and local governments can promote, encourage, or require compliance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Birth Abandoned Baby Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) each year thousands of babies throughout the United States are abandoned by their parents shortly after birth, such as when a mother gives birth at a hospital under an assumed name and address and then disappears afterwards, leaving the baby behind, when the whereabouts of the parents are unknown, and when babies are left to die in garbage dumpsters because their mothers cannot care for them; (2) babies who are abandoned during the formative months occurring shortly after birth are denied the ability to bond with a loving parent or parents; (3) the process of attachment or bonding between a baby and the same adults is essential to the development of a healthy personality in the baby; (4) the Inspector General of the Department of Health and Human Services, in the February 1990 report entitled ``Crack Babies'', states that legislation ``should reduce barriers to placing drug exposed infants into foster care and adoptive homes and establish `fast track' procedures to expedite child welfare cases involving drug abuse''; and (5) according to experts, current legal rules and agency policies make it exceedingly difficult and time consuming to terminate parental rights of those parents who truly abandon their babies, and as a result very few of those abandoned babies are available for adoption; (6) the welfare of babies abandoned during the formative months occurring shortly after birth is of such special interest and concern to our society that if there are persons desiring to adopt and parentally bond with such a baby, the baby should be afforded the right to expeditious placement with, and adoption by, such persons; and (7) other steps should be taken to expedite the adoption of babies who are abandoned during the formative months occurring shortly after birth. SEC. 3. PURPOSE. The purpose of this Act is to require States to implement a system that will expedite the initiation of the adoption process for babies abandoned at birth. In doing so, States shall appoint competent persons to be preadoptive parents for babies abandoned at birth in order to provide a proper and loving home during the infants' formative months. The preadoptive parents will also be responsible for initiating legal proceedings that could lead to the legal adoption of the infant. Once the proceedings have been initiated, the State courts of proper jurisdiction will continue to be responsible for the final decision, taking into account the legal rights of all the parties involved, including the baby abandoned at birth, the natural parents, the preadoptive parents, and the State. SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES ABANDONED AT BIRTH. (a) Certain State Laws Required as Condition of Approving State Plan for Foster Care and Adoption Assistance.-- (1) In general.--Section 471 of the Social Security Act (42 U.S.C. 671) is amended by adding at the end the following: ``(c)(1) The Secretary shall not approve a State plan under this part unless there is in effect in the State laws and rules of law which provide all of the following: ``(A) Within 30 days after the State obtains custody of a baby abandoned at birth, the State shall-- ``(i) find 1 or more individuals to be the preadoptive parents of the baby; ``(ii) designate such individual or individuals as the preadoptive parents of the baby; and ``(iii) place the baby with such individual or individuals. ``(B)(i) During the 90-day period beginning on the date a baby abandoned at birth is placed with the preadoptive parents of the baby, the preadoptive parents shall have the right to petition the courts of the State for an expedited hearing-- ``(I) to terminate the parental rights of all other persons with respect to the baby; and ``(II) to become the adoptive parents of the baby. ``(ii) In determining whether to grant a petition described in clause (i), the courts of the State shall not draw any inference adverse to the interests of a petitioner by reason of the present or former status of any petitioner as a foster parent. ``(C) If the preadoptive parents of a baby abandoned at birth fail to file a petition described in subparagraph (B)(i) during the 90-day period described in subparagraph (B)(i), the State shall-- ``(i) immediately revoke their designation as the preadoptive parents of the baby; and ``(ii) within 30 days after the end of such 90-day period-- ``(I) find 1 or more individuals (other than the former preadoptive parents of the baby) to be the new preadoptive parents of the baby; ``(II) designate such individual or individuals as the preadoptive parents of the baby; and ``(III) place the baby with such individual or individuals. ``(2) As used in this subsection: ``(A) The term `baby abandoned at birth' means a child who-- ``(i) has been physically abandoned by the parents or legal guardians of the child for a time during the critical period; and ``(ii) has not attained the age of 18 months. ``(B) The term `critical period' means, with respect to a child, the period beginning with the date the child is born and ending with-- ``(i) a date which may be specified by State law, if such date occurs not earlier than 3 months, and not later than 6 months, after the date the child is born; or ``(ii) the date the child attains the age of 6 months, if State law fails to specify a date in accordance with clause (i). ``(3) The provisions and rules of State law that are enacted or adopted pursuant to this subsection shall not be construed to affect any provision or rule of State law with respect to the abandonment of children that is not so enacted or adopted, except to the extent that such provisions or rules of State law are in direct conflict.''. (2) Conforming amendment.--Section 471(b) of such Act (42 U.S.C. 671(b)) is amended by striking ``the provisions of subsection (a) of this section'' and inserting ``subsections (a) and (c)''. (b) Babies Abandoned at Birth Treated as Children With Special Needs for Purposes of Adoption Assistance Program.-- (1) In general.--Section 473 of such Act (42 U.S.C. 673) is amended by adding at the end the following: ``(d) Notwithstanding subsection (c), for purposes of this section, a child who is or was a baby abandoned at birth (as defined in section 471(c)(2)(A)) shall be considered a child with special needs.''. (2) Applicability.--The amendment made by paragraph (1) shall not apply to any child who attains the age of 18 months before the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to payments under title IV of the Social Security Act for calendar quarters beginning after the calendar quarter in which this Act is enacted. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Birth Abandoned Baby Act of 1993 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to place babies abandoned at birth with preadoptive parents within 30 days of obtaining custody of such babies, and to find new preadoptive parents for such babies if the initial preadoptive parents do not petition the courts of the State within 90 days of receiving them for an expedited hearing to become their permanent adoptive parents. Treats such babies as children with special needs, thus qualifying their adoptive parents for adoption assistance.

(a) Short Title.--This Act may be cited as the ``Native American Programs Amendments of 1996''. (b) Native American Community Development Financial Institution.-- (1) Authority for grant.--Section 803A of the Native American Programs Act of 1974 (42 U.S.C. 2991b-1) is amended to read as follows: ``SEC. 803A. ESTABLISHMENT OF NATIVE AMERICAN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION. ``(a) Authority To Make One Grant.--From funds appropriated to carry out this title and subject to subsection (c), the Commissioner shall make 1 grant to 1 eligible Hawaiian entity to establish and operate a Native Hawaiian community development financial institution for purposes of providing technical assistance and loans to Native Hawaiians for economic development in the State of Hawaii. ``(b) Eligibility To Receive Grant.--To be eligible to receive the grant authorized by subsection (a), a Hawaiian entity shall submit to the Commissioner, in such form and containing such information as the Commissioner may require, an application that includes the following: ``(1) An assurance that such entity will, as a condition of receiving such grant, contribute to the Native Hawaiian community development financial institution to be established operated with such grant, an amount of capital from non-Federal sources that is not less than the amount of such grant. ``(2) Information that demonstrates that the Native Hawaiian community development financial institution proposed to be established and operated by such entity will be capable of operating, and will operate, successfully, on a self- sustaining basis after receiving such grant and such capital. ``(c) Selection of Grantee.--The Commissioner may make the grant authorized by subsection (a) only to 1 eligible Hawaiian entity whose application submitted in accordance with subsection (b) satisfies the Commissioner that the Native Hawaiian community development financial institution proposed to be established and operated by such entity will successfully carry out the purposes specified in subsection (a).''. (2) Definitions.--Section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992C) is amended-- (A) in paragraph (4) by adding ``and'' at the end, (B) in paragraph (5) by striking ``; and'' and inserting a period at the end, (C) in paragraph (6) by striking the period at the end and inserting a semicolon, (D) by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (5), (8), (9), and (4), respectively, (E) by inserting after paragraph (1) the following: ``(2) `Hawaiian entity' means-- ``(A) the Office of Hawaiian Affairs of the State of Hawaii, ``(B) a Native Hawaiian organization, or ``(C) the Office of Hawaiian Affairs of the State of Hawaii and 1 Native Hawaiian organization, acting jointly;'' (F) by transferring paragraph (4), as so redesignated, so as to insert such paragraph after paragraph (3), as so redesignated, and (G) by inserting after paragraph (5), as so redesignated the following: ``(6) `Native Hawaiian community development financial institution' means a person (other than an individual) that-- ``(A) qualifies as a community development financial institution, as defined in section 102(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)); ``(B) satisfies the requirements applicable under such Act to applicants for assistance from the Community Development Financial Institutions Fund established under section 104(a) of such Act; ``(C) demonstrates a special interest and expertise in serving the primary economic development and mortgage lending needs of the Native Hawaiian community; and ``(D) demonstrates that it has the endorsement of the Native Hawaiian community; ``(7) `Native Hawaiian organization' means an organization serving Native Hawaiians in the State of Hawaii that-- ``(A) is a nonprofit organization; ``(B) is controlled by Native Hawaiians; and ``(C) whose business activities will principally benefit Native Hawaiians ;''. (c) Additional Provision.--Section 812 of the Native American Programs Act of 1974 (42 U.S.C. 2992a) is repealed. (d) Authorization of Appropriations.--Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended to read as follows: ``SEC. 816. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $35,000,000 for fiscal year 1997 and such sums as may be necessary for fiscal years 1998, 1999, 2000, and 2001.''. (e) Effective Date; Transition Provisions.-- (1) Effective date.--Except as provided in paragraphs (2) and (3), this Act and the amendments made by this Act shall take effect on October 1, 1996. (2) Special effective date.--Subsection (d) shall take effect on the date of the enactment of this Act. (3) Transition provision.--Section 803A as in effect before October 1, 1996, shall remain in effect with respect to all funds made available under such section before such date.

Native American Programs Amendments of 1996 - Authorizes the Commissioner of the Office of Hawaiian Affairs of the State of Hawaii to make one grant to one eligible Hawaiian entity to establish and operate a Native Hawaiian community development financial institution. Sets forth eligibility requirements. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to facilitate the acquisition of foreign intelligence information by providing for the electronic surveillance of persons reasonably believed to be outside the United States pursuant to methodologies proposed by the Attorney General, reviewed by the Foreign Intelligence Surveillance Court, and applied by the Attorney General without further court approval, unless otherwise required under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). SEC. 3. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ELECTRONIC SURVEILLANCE. (a) In General.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 105 the following: ``clarification of electronic surveillance of persons outside the united states ``Sec. 105A. Notwithstanding any other provision of this Act, a court order is not required for the acquisition of the contents of any communication between persons that are not located within the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States. ``additional procedure for authorizing certain electronic surveillance ``Sec. 105B. (a) In General.--Notwithstanding any other provision of this title, the Attorney General, upon the authorization of the President, may apply to a judge of the court established under section 103(a) for an ex parte order, or an extension of an order, authorizing electronic surveillance for periods of not more than 1 year, for the purpose of acquiring foreign intelligence information, in accordance with this section. ``(b) Application.-- ``(1) Specific persons and places not required.--An application for an order, or extension of an order, submitted under subsection (a) shall not be required to identify-- ``(A) the persons, other than a foreign power, against whom electronic surveillance will be directed; or ``(B) the specific facilities, places, premises, or property at which the electronic surveillance will be directed. ``(2) Contents.--An application for an order, or extension of an order, submitted under subsection (a) shall include-- ``(A) a statement that the electronic surveillance is directed at persons reasonably believed to be outside the United States; ``(B) the identity of the Federal officer seeking to conduct such electronic surveillance; ``(C) a description of-- ``(i) the methods to be used by the Attorney General to determine, during the duration of the order, that there is a reasonable belief that the targets of the electronic surveillance are persons outside the United States; and ``(ii) the procedures to audit the implementation of the methods described in clause (i) to achieve the objective described in that clause; ``(D) a description of the nature of the information sought, including the identity of any foreign power against whom electronic surveillance will be directed; and ``(E) a statement of the means by which the electronic surveillance will be effected and such other information about the surveillance techniques to be used as may be necessary to assess the proposed minimization procedures. ``(c) Application Approval; Order.-- ``(1) Application approval.--A judge considering an application for an order, or extension of an order, submitted under subsection (a) shall approve such application if the Attorney General certifies in writing under oath, and the judge upon consideration of the application determines, that-- ``(A) the acquisition does not constitute electronic surveillance within the meaning of paragraph (1) or (3) of section 101(f); ``(B) the methods described by the Attorney General under subsection (b)(2)(B)(i) are reasonably designed to determine whether the persons are outside the United States; ``(C) a significant purpose of the electronic surveillance is to obtain foreign intelligence information; and ``(D) the proposed minimization procedures meet the definition of minimization procedures under section 101(h). ``(2) Order.--A judge approving an application pursuant to paragraph (1) shall issue an order that-- ``(A) authorizes electronic surveillance as requested, or as modified by the judge; ``(B) requires a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish the electronic surveillance, upon the request of the applicant, to furnish the applicant forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance; ``(C) requires such communications service provider, custodian, or other person, upon the request of the applicant, to maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished; ``(D) directs the Federal Government to compensate, at the prevailing rate, a person for providing information, facilities, or assistance pursuant to such order; and ``(E) directs the applicant to follow the minimization procedures as proposed or as modified by the court. ``(3) Assessment of compliance with minimization procedures.--At or before the end of the period of time for which electronic surveillance is approved by an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. ``(d) Guidelines for Surveillance of United States Persons.--Not later than 15 days after the date of the enactment of this section, the Attorney General shall establish guidelines that are reasonably designed to ensure that an application is filed under section 104, if otherwise required by this Act, when the Attorney General seeks to initiate electronic surveillance, or continue electronic surveillance that began under this section, of a United States person. ``(e) Submission of Orders, Guidelines, and Audits.-- ``(1) Orders.--Upon the entry of an order under subsection (c)(2), the Attorney General shall submit to the appropriate committees of Congress such order. ``(2) Guidelines.--Upon the establishment of the guidelines under subsection (d), the Attorney General shall submit to the appropriate committees of Congress and the court established under section 103(a) such guidelines. ``(3) Audits.--Not later than 60 days after the date of the enactment of this section, and every 60 days thereafter until the expiration of all orders issued under this section, the Inspector General of the Department of Justice shall complete an audit on the compliance with the guidelines established under subsection (d) and shall submit to the appropriate committees of Congress, the Attorney General, the Director of National Intelligence, and the court established under section 103(a)-- ``(A) the results of such audit; ``(B) a list of any targets of electronic surveillance under this section determined to be in the United States; and ``(C) the number of persons in the United States whose communications have been intercepted under this section. ``(f) Immediate Emergency Authorization.-- ``(1) In general.--Notwithstanding any other provision of this title, during the first 15 days following the date of the enactment of this section, upon the authorization of the President, the Attorney General may authorize electronic surveillance without a court order under this title until the date that is 15 days after the date on which the Attorney General authorizes such electronic surveillance if the Attorney General determines-- ``(A) that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and ``(B) the electronic surveillance will be directed at persons reasonably believed to be outside the United States. ``(2) Pending order.-- ``(A) Initial extension.--If at the end of the period in which the Attorney General authorizes electronic surveillance under paragraph (1), the Attorney General has submitted an application for an order under subsection (a) but the court referred to in section 103(a) has not approved or disapproved such application, such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. ``(B) Subsequent extension.--If at the end of the extension of the emergency authorization of electronic surveillance under subparagraph (A) the court referred to in section 103(a) has not approved or disapproved the application referred to in subparagraph (A), such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. ``(3) Maximum length of authorization.--Notwithstanding paragraphs (1) and (2), in no case shall electronic surveillance be authorized under this subsection for a total of more than 45 days without a court order under this title. ``(4) Minimization procedures.--The Attorney General shall ensure that any electronic surveillance conducted pursuant to paragraph (1) or (2) is in accordance with minimization procedures that meet the definition of minimization procedures in section 101(h). ``(5) Information, facilities, and technical assistance.-- Pursuant to an authorization of electronic surveillance under this subsection, the Attorney General may direct a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish such electronic surveillance to-- ``(A) furnish the Attorney General forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance; and ``(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished. ``(g) Prohibition on Liability for Providing Assistance.--Section 105(i), relating to protection from liability for the furnishing of information, facilities, or technical assistance pursuant to a court order under this Act, shall apply to this section. ``(h) Effect of Section on Other Authorities.--The authority under this section is in addition to the authority to conduct electronic surveillance under sections 104 and 105. ``(i) Appropriate Committees of Congress Defined.--In this section, the term `appropriate committees of Congress' means-- ``(1) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and ``(2) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.''. (b) Technical and Conforming Amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 105 the following: ``Sec. 105A. Clarification of electronic surveillance of persons outside the United States. ``Sec. 105B. Additional procedure for authorizing certain electronic surveillance.''. (c) Sunset.-- (1) In general.--Except as provided in paragraph (2), effective on the date that is 120 days after the date of the enactment of this Act, sections 105A and 105B of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), are hereby repealed. (2) Exception.--Any order under section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by this Act, in effect on such date that is 120 days after the date of the enactment of this Act, shall continue in effect until the date of the expiration of such order.

Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the Attorney General (AG), upon authorization of the President, to apply to the Foreign Intelligence Surveillance Court (Court) for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-U.S. persons. Allows the AG to authorize such surveillance without a court order for up to 15 days if the AG determines that an emergency situation exists with respect to obtaining such information before an order authorizing the surveillance can be obtained. Authorizes the AG, in either case, to direct a communications service provider, custodian, or other person who has access to such information to furnish the AG with the required information and to maintain appropriate records concerning acquisition of the information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Administration Efficiency and Flexibility Act of 2011''. SEC. 2. EXCLUSION OF EMPLOYEES OF THE TRANSPORTATION SECURITY ADMINISTRATION FROM THE COLLECTIVE BARGAINING RIGHTS OF FEDERAL EMPLOYEES. (a) In General.--Section 7103(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) in clause (iv), by striking ``; or'' and inserting a semicolon; (B) in clause (v), by striking the semicolon and inserting ``; or''; and (C) by adding at the end the following: ``(vi) an officer or employee of the Transportation Security Administration of the Department of Homeland Security;''; and (2) in paragraph (3)-- (A) in subparagraph (G), by striking ``; or'' and inserting a semicolon; (B) in subparagraph (H), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(I) the Transportation Security Administration of the Department of Homeland Security;''. (b) Amendments to Title 49.-- (1) Transportation security administration.--Section 114(n) of title 49, United States Code, is amended by adding ``This subsection shall be subject to section 7103(a)(2)(vi) and (3)(I) of title 5, United States Code.'' at the end. (2) Personnel management system.--Section 40122 of title 49, United States Code, is amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following: ``(j) Transportation Security Administration.--Notwithstanding any other provision of this section (including subsection (g)(2)(C)), this section shall be subject to section 7103(a) (2)(vi) and (3)(I) of title 5, United States Code.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any collective bargaining agreement (as defined under section 7103(a)(8) of title 5, United States Code) entered into on or after that date, including the renewal of any collective bargaining agreement in effect on that date. SEC. 3. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR PASSENGER AND PROPERTY SCREENERS. (a) Labor Organization Membership; Appeal Rights; Engagement Mechanism for Workplace Issues.-- (1) In general.--Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Except as provided in section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs (2) through (5), notwithstanding''; and (B) by adding at the end the following: ``(2) Labor organization membership.--Nothing in this section shall be construed to prohibit an individual described in paragraph (2) from joining a labor organization. ``(3) Right to appeal adverse action.--An individual employed or appointed to carry out the screening functions of the Administrator under section 44901 of title 49, United States Code, may submit an appeal of an adverse action covered by section 7512 of title 5, United States Code, and finalized after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, to the Merit Systems Protection Board and may seek judicial review of any resulting orders or decisions of the Merit Systems Protection Board. ``(4) Employee engagement mechanism for addressing workplace issues.--At every airport at which the Transportation Security Administration screens passengers and property under section 44901 of title 49, United States Code, the Administrator shall provide a collaborative, integrated employee engagement mechanism to address workplace issues.''. (2) Conforming amendments.--Section 111(d)(1) of such Act, as redesignated by paragraph (1)(A), is amended-- (A) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (B) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''. (b) Whistleblower Protections.--Section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding paragraph (1), by inserting ``, or section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note),'' after ``this Act''.

Transportation Security Administration Efficiency and Flexibility Act of 2011 - Excludes officers and employees of Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) from the right of federal employees to bargain collectively. Subjects also to such exclusion the Federal Aviation Administration (FAA) personnel management system as it applies to TSA employees. Amends the Aviation and Transportation Security Act to provide that, notwithstanding the authority of the TSA Administrator to fix the terms and conditions of employment of TSA screeners, nothing shall prohibit such an employee from joining a labor organization. Authorizes screeners to: (1) appeal to the Merit Systems Protection Board adverse actions brought against them which are finalized after enactment of the FAA Air Transportation Modernization and Safety Improvement Act, and (2) seek judicial review of any resulting Board orders or decisions. Requires the FAA Administrator to provide to TSA screeners with a collaborative, integrated employee engagement mechanism to address workplace issues. Amends the Homeland Security Act of 2003 to apply certain whistleblower protections to DHS employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Take Back Your Health Act of 2009''. SEC. 2. COVERAGE OF INTENSIVE LIFESTYLE TREATMENT. (a) Intensive Lifestyle Treatment Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (DD) by striking ``and'' at the end; (ii) in subparagraph (EE) by inserting ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(FF) items and services furnished under an intensive lifestyle treatment program (as defined in paragraph (hhh)(1)) to eligible beneficiaries (as defined in paragraph (hhh)(4));''; and (B) by adding at the end the following new subsection: ``Intensive Lifestyle Treatment Program ``(hhh)(1) The term `intensive lifestyle treatment program' means a physician-supervised program (as defined in paragraph (2)) that furnishes the items and services described in paragraph (3) intended to beneficially affect the progression of chronic diseases to eligible beneficiaries (as defined in paragraph (4)). ``(2) A program described in this paragraph is a program under which-- ``(A) items and services under the program are delivered-- ``(i) in a physician's office or clinic; ``(ii) in a hospital on an outpatient basis; or ``(iii) in other settings determined appropriate by the Secretary; ``(B) a physician (as defined in section 1861(r)(1)) is immediately available and accessible for medical consultation and medical emergencies at all times items and services are being furnished under the program, except that, in the case of items and services furnished under such a program in a hospital, such availability shall be presumed; ``(C) individualized treatment is furnished under a written plan established and designed by a physician (as so defined) in advance of the start of the program and reviewed and signed by a physician every 60 days that describes-- ``(i) the individual's diagnosis; ``(ii) the type, amount, frequency, and duration of the items and services furnished under the plan; and ``(iii) the goals set for the individual under the plan; ``(D) items and services may be provided in a series of 72 one-hour sessions (as defined in section 1848(b)(6)), up to 6 sessions per day, over a period of 18 weeks, and may include group sessions with up to 15 other eligible beneficiaries; and ``(E) items and services may be provided-- ``(i) by an intensive lifestyle team; ``(ii) under the direction of a physician (as so defined); and ``(iii) if determined appropriate by the Secretary, in the case of such items and services provided in underserved areas, by a physician assistant, nurse practitioner, or clinical nurse specialist as provided under State law. ``(3) The items and services described in this paragraph are-- ``(A) exercise; ``(B) risk factor modification, including education, counseling, and behavioral intervention (to the extent such education, counseling, and behavioral intervention is closely related to the individual's care and treatment and is tailored to the individual's needs); ``(C) psychosocial assessment; ``(D) provider consultation; ``(E) care coordination; ``(F) medication management; ``(G) medical nutritional therapy; ``(H) tobacco cessation; ``(I) outcomes assessment; and ``(J) such other items and services as the Secretary determines appropriate, but only if such items and services are-- ``(i) reasonable and necessary for the diagnosis or active treatment of the individual's condition; ``(ii) reasonably expected to improve or maintain the individual's condition and functional level; and ``(iii) furnished under such guidelines relating to the frequency and duration of such items and services as the Secretary shall establish, taking into account accepted norms of medical practice and the reasonable expectation of improvement of the individual. ``(4) The term `eligible beneficiary' means an individual who is entitled to, or enrolled for, benefits under part A and enrolled under this part and who has been diagnosed with 1 or more of the following conditions: ``(A) Coronary heart disease. ``(B) Type 2 diabetes. ``(C) Metabolic syndrome. ``(D) Prostate cancer. ``(E) Breast cancer.''. (2) Payment for intensive lifestyle treatment programs.-- (A) Inclusion in physicians' services.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w- 4(j)(3)) is amended by inserting ``(2)(FF),'' after ``(2)(EE).''. (B) Conforming amendment.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following new paragraph: ``(6) Treatment of intensive lifestyle treatment program.-- ``(A) In general.--In the case of an intensive lifestyle treatment program described in section 1861(hhh)(2), the Secretary shall establish an aggregate payment for items and services furnished under such program (as described in section 1861(hhh)(3)) not to exceed the cost to the program under this title for a hospitalization for a similarly situated eligible beneficiary, subject to the limitation under subparagraph (C). ``(B) Payment schedule.--The Secretary shall-- ``(i) make a payment to such a program in an amount that is equal to 50 percent of the amount established under subparagraph (A) upon completion of the initial consultation under the program; and ``(ii) subject to the limitation described in subparagraph (C), make a second payment to a program for the balance of the amount defined in subparagraph (A) upon completion of treatment under the program. ``(C) Limitation.-- ``(i) In general.--Notwithstanding the provisions of subparagraph (B), an intensive lifestyle treatment program shall not receive the payment described in subparagraph (B)(ii) unless it documents, upon the completion of the program by an eligible beneficiary, that services provided to such beneficiary under the program are beneficially affecting the progression of chronic disease or diseases in the beneficiary, as measured under clause (ii) with respect to 2 or more of the following measures: ``(I) Measures described in subclauses (I) through (V) of section 1861(eee)(4)(A)(ii). ``(II) High density lipoprotein. ``(III) Hemoglobin A1C. ``(IV) C-reactive protein. ``(V) Waist size. ``(VI) Elimination of cotinine level as evidence that the eligible beneficiary no longer uses tobacco. ``(VII) Prostate specific antigen or other prognostic biomarkers of prostate cancer. ``(VIII) Prognostic biomarkers of breast cancer. ``(ii) Measurement.--The Secretary shall determine the beneficial progression of chronic disease or diseases under clause (i), using the level of 2 or more of the measures described in subclause (i) before receiving services under such program and such levels after completion of treatment under the program-- ``(I) by normalization (as defined by the Secretary); and ``(II) in the case of-- ``(aa) measures described in subclauses (I) through (V), (VII), and (VIII), by at least 10 percent reduction; or ``(bb) the measure described in subclause (VI), by elimination. ``(iii) Refund of payments or costs in certain circumstances.--In the case of an eligible beneficiary who, within 1 year of receiving an initial consultation under the program, receives any other treatment covered under part A or this part for any condition that relates to the initial diagnosis resulting in eligibility for the intensive lifestyle treatment program, except for a physician office visit for the purpose of making adjustments to medication prescribed to the eligible beneficiary, such program shall refund to the Secretary the lesser of-- ``(I) any payments made under paragraph (B) for services provided to the eligible beneficiary under the program; or ``(II) the cost of such other treatment covered under part A or this part such condition. ``(D) Coverage of sessions.-- ``(i) In general.--Items and services provided under the program in a series of 72 one-hour sessions (as defined in clause (ii)), up to 6 sessions per day, over a period of 18 weeks shall, subject to the limitation under subparagraph (C), be eligible for the aggregate payment established under subparagraph (A). ``(ii) Definition of session.--Each of the services described in subparagraphs (A) through (J) of section 1861(hhh)(3), when furnished for 1 hour, is a separate session under an intensive lifestyle treatment program.''. (b) Copayments for Intensive Lifestyle Treatment Items and Services.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before (W); (2) by inserting before the semicolon at the end the following: ``, and (X) with respect to items and services furnished under an intensive lifestyle treatment program (as defined in section 1861(hhh)(2)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under section 1848(b)(6)(A)''. (c) Lifestyle Rewards Program.--Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1899. LIFESTYLE REWARDS PROGRAMS. ``(a) Establishment.--The Secretary shall establish a Lifestyle Rewards Program (in this section referred to as the `program') for eligible beneficiaries (as defined in section 1861(s)(2)(hhh)(4)) who have successfully completed an intensive lifestyle treatment program (as defined in section 1861(hhh)(2)) and meet the requirements described in subsection (b). ``(b) Requirements.--In order to receive an award under the program, an eligible beneficiary must-- ``(1) demonstrate that the program has beneficially affected the progression of chronic disease or diseases in the beneficiary upon completion of the program, as measured under clause (ii) of section 1848(b)(6)(C) with respect to 2 or more of the measures described in clause (i) of such section; and ``(2) during the 1 year period beginning on the date of an initial consultation under the lifestyle treatment program, receive no other treatment under part A or this part for any condition that relates to the initial diagnosis resulting in eligibility for the intensive lifestyle treatment program, except for a physician office visit for the purpose of making adjustments to medication prescribed to the eligible beneficiary. ``(c) Form of Reward.--The Secretary shall make such award to eligible beneficiaries described in subsection (a) in such form and manner as the Secretary, by regulation, shall prescribe. ``(d) Amount of Reward.--The amount of such award for each such eligible beneficiary shall be $200.''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2010. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the services provided under a intensive lifestyle treatment program (as defined in section 1861(hhh)(2) of the Social Security Act, as added by section 2(a))-- (1) would benefit individuals with chronic diseases who are not enrolled in the Medicare Program under title XVIII of the Social Security Act; and (2) should be covered by all public and private payers.

Take Back Your Health Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to cover intensive lifestyle treatment, which is a physician-supervised program furnishing to eligible beneficiaries certain exercise, medication, nutritional, and other specified items and services intended to affect beneficially the progression of chronic coronary heart disease, Type 2 diabetes, metabolic syndrome, prostate cancer, or breast cancer. Directs the Secretary of Health and Human Services (HHS) to establish a Lifestyle Rewards Program for eligible beneficiaries who have successfully completed an intensive lifestyle program and meet certain other requirements. Expresses the sense of Congress that the services provided under an intensive lifestyle treatment program: (1) would benefit individuals with chronic diseases who are not enrolled in the Medicare program; and (2) should be covered by all public and private payers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research for All Act of 2014''. SEC. 2. SUFFICIENCY OF DESIGN AND SIZE OF CLINICAL TRIALS DURING EXPEDITED REVIEW. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and develop policies, as appropriate, to ensure that the design and size of clinical trials for products granted expedited approval pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to determine the safety and effectiveness of such products for men and women using subgroup analysis. SEC. 3. EXPEDITED REVIEW OF DRUGS AND BIOLOGICAL PRODUCTS TO PROVIDE SAFER OR MORE EFFECTIVE TREATMENT FOR MALES OR FEMALES. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(g) Expedited Review of Drugs and Biological Products To Provide Safer or More Effective Treatment for Males or Females.-- ``(1) Eligible product.--The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if the drug-- ``(A) is intended-- ``(i) to avoid serious adverse events; or ``(ii) to treat a serious or life- threatening disease or condition; ``(B) whether alone or in combination with one or more other drugs or biological products, is intended for safer or more effective treatment for men or women than a currently available product approved to treat the general population or the other sex; and ``(C) is supported by results of clinical trials that include and separately examine outcomes for both men and women. ``(2) Designation.--At the request of the sponsor of an eligible product described in paragraph (1), the Secretary shall designate the drug as an expedited product to provide safer or more effective treatment for males or females. ``(3) Early and frequent communication.--The Secretary shall, with respect to each expedited product designated under this subsection, provide early and frequent communication and review of incomplete applications to the same extent and in the same manner as is provided under subsections (b) and (d). ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to lessen or otherwise alter the standard of safety and effectiveness required for the approval or licensing of drugs or biological products under section 505 of this Act or section 351 of the Public Health Service Act; or ``(B) to authorize application of the provisions of subsection (c) (relating to the use of surrogate endpoints) to expedited products designated under this subsection.''. (b) Technical Corrections.--Subsection (f) of section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) (relating to awareness efforts), as designated by section 902(a) of Public Law 112- 144, is amended-- (1) in paragraph (1), by striking ``and and'' and inserting ``and''; and (2) by moving such subsection (f) so that it follows subsection (e) of such section 506. SEC. 4. RESEARCH ON SEX DIFFERENCES. (a) Inclusion in NIH Research.-- (1) In general.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (B) by inserting after subsection (a) the following: ``(b) Inclusion of Sex Differences in Basic Research.-- ``(1) Applicability to basic research.-- ``(A) In general.--The Director of NIH shall determine when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(B) Deadline for initial determination; updates.--The Director of NIH-- ``(i) shall make the initial determinations required by subparagraph (A) not later than one year after the date of enactment of the Research for All Act of 2014; and ``(ii) may subsequently update or revise such determinations as the Director determines appropriate. ``(C) Consultation.--In making the initial determinations required by subparagraph (A), the Director of NIH-- ``(i) shall consult with the Office of Research on Women's Health, the Institute of Medicine, the Office of Laboratory Animal Welfare, and appropriate members of the scientific and academic communities; and ``(ii) may conduct outreach and educational initiatives within the scientific and academic communities on the influence of sex as a variable in basic research in order to develop a consensus within such communities on when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(2) Inclusion.--Beginning on the date that is 1 year after the date of enactment of the Research for All Act of 2014, in conducting or supporting basic research in accordance with paragraph (1), the Director of NIH shall, subject to paragraph (3), ensure that-- ``(A) in the case of research on cells or tissues-- ``(i) cells or tissues, as applicable, are derived from both male and female organisms in each project of such research; and ``(ii) the results are disaggregated according to whether the cells or tissues are derived from male or female organisms; and ``(B) in the case of animal research-- ``(i) both male and female animals are included as subjects in each project of such research; and ``(ii) the results are disaggregated according to whether the subjects are male or female. ``(3) Exception.--Paragraph (2) shall not apply to a project of basic research if the Director of NIH determines that the inclusion of cells or tissues derived from both male and female organisms, or the inclusion of both male and female animals as subjects, as applicable, is inappropriate in the case of such project.''. (2) Design of research.--Subsection (d) of section 492B of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended-- (A) by striking ``(d)'' and all that follows through ``In the case'' and inserting the following: ``(d) Design of Research.-- ``(1) Clinical trials.--In the case''; and (B) by adding at the end the following: ``(2) Basic research.--In the case of basic research in which cells or tissues derived from both male and female organisms will be included in accordance with subsection (b)(2)(A) or both male and female animals will be included as subjects in accordance with subsection (b)(2)(B), the Director of NIH shall ensure that sex differences are examined and analyzed, as appropriate.''. (3) Updating guidelines for clinical and basic research.-- Section 492B(f)(1) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended to read as follows: ``(1) Date certain; update.--The guidelines required in subsection (e) regarding the requirements of this section for clinical and basic research shall-- ``(A) be updated and published in the Federal Register not later than 1 year after the date of enactment of the Research for All Act of 2014; ``(B) reflect the growing understanding that sex differences matter; ``(C) ensure better enforcement of the requirements of this section by the personnel of the agencies of the National Institutes of Health responsible for reviewing grant proposals; and ``(D) include guidance on when research strongly supports or strongly negates the conclusion that there is a significant difference in how the variables being studied affect women or members of minority groups, as the case may be, relative to how such variables affect other subjects in the research.''. (4) Applicability.--Section 492B(f)(2) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended by adding at the end the following: ``For fiscal year 2016 and subsequent fiscal years, the Director of NIH may not approve any proposal of basic research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section.''. (5) Conforming changes.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) in the heading of subsection (a), by striking ``Requirement of Inclusion'' and inserting ``Inclusion in Clinical Research''; (B) in subsection (a)(1), by striking ``subsection (b)'' and inserting ``subsection (c)''; (C) in subsection (e)(1)(A), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''; (D) in subsection (e)(1)(B), as redesignated, by striking ``subsection (c)'' and inserting ``subsection (d)''; and (E) in subsection (e)(2), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''. (b) Biennial Reports of Director of NIH.--Subparagraph (C) of section 403(a)(4) of the Public Health Service Act (42 U.S.C. 283(a)(4)) is amended-- (1) by redesignating clause (vi) as clause (vii); and (2) by inserting after clause (v) the following: ``(vi) Basic research, including a breakdown of the sex of organisms from which cells and tissues are derived, a breakdown of the sex of animal subjects, and such other information as may be necessary to demonstrate compliance with section 492B (regarding sex differences in basic research).''. (c) Special Centers of Research on Sex Differences.--Part H of title IV of the Public Health Service Act is amended by inserting after section 492B of such Act (42 U.S.C. 289a-2) the following: ``SEC. 492C. SPECIAL CENTERS OF RESEARCH ON SEX DIFFERENCES. ``The Secretary may award grants or other support to entities for the continued operation and expansion of Special Centers of Research on Sex Differences.''. (d) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to lessen any standard or requirement set forth in part 1, 2, or 3 of subchapter A of chapter I of title 9, Code of Federal Regulations. SEC. 5. GAO REPORTS. Not later than 1 year after the date of enactment of the Research for All Act of 2014, the Comptroller General of the United States shall-- (1) submit to the Congress updated versions of the reports of the Government Accountability Office entitled ``Women's Health: NIH Has Increased Its Efforts To Include Women in Research'' (published in May 2000; GAO/HEHS-00-96) and ``Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement'' (published in July 2001; GAO-01-754); and (2) in such updated reports-- (A) examine the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; (B) examine how Federal agencies report and analyze subgroup information and translate any differences to the medical community and patients; (C) determine whether the quality of care which women receive is being negatively impacted by inclusion rates in basic and clinical research; and (D) address current efforts within National Institutes of Health and other government agencies to encourage the sharing of research data on sex differences and evaluate mechanisms to improve such sharing, including a publicly accessible online system that will conform with policies protecting commercial, proprietary, or private information.

Research for All Act of 2014 - Directs the Food and Drug Administration (FDA) to review and develop policies to ensure that the design and size of clinical trials for products granted expedited approval to treat a serious or life-threatening disease or condition are sufficient to determine the safety and effectiveness of the products for men and women using subgroup analysis. Amends the Federal Food, Drug, and Cosmetic Act to require FDA, at the request of the sponsor of a new drug, to facilitate the development and expedite its review if the drug is: intended to avoid serious adverse events or to treat a serious or life-threatening disease or condition, intended for safer or more effective treatment for either men or women than a currently available product approved to treat the general population or the other sex, and supported by results of clinical trials that include and separately examine outcomes for men and women. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to determine when it is appropriate for projects of basic research involving cells, tissues, or animals to include both male and female cells, tissues, or animals. Requires, in such cases, disaggregation of results according to sex. Provides guidelines for ensuring that sex differences are examined and analyzed. Authorizes the Secretary of Health and Human Services (HHS) to support the continued operation and expansion of Special Centers of Research on Sex Differences. Requires the Comptroller General (GAO) to provide to Congress updated versions of the reports entitled “Women's Health: NIH Has Increased Its Efforts To Include Women in Research” and “Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement,” including in the reports examination of: the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; federal reporting and analysis of subgroup information and the translation of differences to the medical community and patients; the effect of inclusion rates in research on the quality of women’s health care; and current efforts within government agencies to encourage the sharing of research data on sex differences and mechanisms to improve such sharing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Officer Dale Claxton of the Cortez, Colorado, Police Department was shot and killed by bullets that passed through the windshield of his police ear after he stopped a stolen truck, and his life may have been saved if his police car had been equipped with bullet resistant equipment; (2) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had access to additional bullet resistant equipment; (3) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (4) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing bullet resistant equipment, such as an armor vest, is 14 times higher than for officers wearing an armor vest; (5) according to studies, between 1985 and 1994, bullet- resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; (6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with bullet resistant equipment and video cameras. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For Bullet Resistant Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase bullet resistant equipment for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of bullet resistant equipment for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for bullet resistant equipment based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of bullet resistant equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `equipment' means windshield glass, car panels, shields, and protective gear; ``(2) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(3) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; (4) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and ``(5) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. ``Subpart C--Grant Program For Video Cameras ``SEC. 2521. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase video cameras for use by State, local, and tribal law enforcement agencies in law enforcement vehicles. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of video cameras for law enforcement vehicles in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for video cameras, based on the percentage of law enforcement officers in the department do not have access to a law enforcement vehicle equipped with a video camera; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2522. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of video cameras, but did not, or does not expect to use such funds for such purpose. ``SEC. 2523. DEFINITIONS. ``In this subpart-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A of that part; ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B of that part; and ``(C) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart C of that part.''. SEC. 4. SENSE OF THE CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) Bullet Resistant Technology Development.-- ``(1) In general.--The Institute is authorized to-- ``(A) conduct research and otherwise work to develop new bullet resistant technologies (i.e., acrylic, polymers, aluminized material, and transparent ceramics) for use in police equipment (including windshield glass, car panels, shields, and protective gear); ``(B) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; ``(C) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. ``(2) Priority.--In carrying out this subsection, the Institute shall give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $3,000,000 for fiscal years 2000 through 2002.''.

Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002. (Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products. (Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. Authorizes appropriations for FY 2000 through 2002.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Firearm Technology and Safety Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Institute of Justice Science and Technology program has played a critical role in improving law enforcement technology; (2) the National Institute of Justice Science and Technology program has successfully developed standards for soft body armor which have been critical to saving the lives of law enforcement personnel; (3) the National Institute of Justice Science and Technology program is assisting in the successful development of personalized firearms to improve firearms safety; and (4) the National Institute of Justice should continue to focus its resources on improving technology to assist law enforcement in reducing crime, and on making technological improvements in the safety of firearms. SEC. 3. GRANTS TO IMPROVE GUN SAFETY. (a) In General.--The Director of the National Institute of Justice, in consultation with appropriate personnel of the National Institute of Justice who are involved in firearms technology and weapons technology matters, shall make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. (b) 3-Year Grants.--A grant awarded under this section shall be paid over a period not exceeding 3 years. (c) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated not more than $20,000,000 for each of fiscal years 1998 through 2002. SEC. 4. INDEPENDENT PANEL ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Independent Panel on Firearms Safety (in this section referred to as the ``Panel''). (b) Duties.-- (1) In general.--The Panel shall-- (A) research how technology can be used in the area of weapons safety improvements to reduce violence; and (B) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. (2) Reports.-- (A) Report to congress on the findings of the technical study group on firearms safety.--Within 90 days after receipt of the report submitted pursuant to section 5(b)(2), the Panel shall submit to the Congress a report on the findings of the Technical Study Group on Firearms Safety. If the report submitted pursuant to such section contains a recommendation for standards governing the design of firearm safety locks, the Panel shall forward the recommendation to the National Institute of Justice. (B) Annual reports.--Within 1 year after the Panel is duly organized and annually thereafter, the Panel shall submit to the Congress a written report detailing the findings of the Panel and making recommendations on such firearms safety improvements as the Panel considers appropriate. (c) Membership.--The Director of the National Institute of Justice, in consultation with the Attorney General, shall appoint to the Panel at least 1 individual from each of the following categories: (1) Representatives from the National Institute of Justice. (2) Law enforcement experts. (3) Representatives from consumer product safety organizations. (4) Representatives of firearms manufacturers. (5) Injury prevention specialists. (6) Firearms technology experts. (7) Experts in other relevant areas. (d) Terms.-- (1) In general.--Each Panel member shall be appointed for the life of the Panel. (2) Vacancies.--A vacancy in the Panel shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) Rates of basic pay.--Panel members shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Panel who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Panel. (3) Travel expenses.--Notwithstanding paragraphs (1) and (2), each Panel 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. (f) Procedure.-- (1) Chairperson.--The Director of the National Institute of Justice shall designate a Panel member who is a representative of the National Institute of Justice to be the Chairperson of the Panel (in this Act referred to as the ``Chairperson''). (2) Acting chairperson.--The Panel members, by majority vote, shall select a Panel member to serve as the acting Chairperson when the Chairperson is unable to so serve. (3) Meetings.--The Panel shall meet at the call of the Chairperson. (4) Quorum.--A majority of Panel members of the Panel shall constitute a quorum but a lesser number may hold hearings. (g) Professional, Administrative, and Technical Support.--The Attorney General shall provide the Panel with the administrative, professional, and technical support required by the Panel to carry out the duties of the Panel under this Act. (h) Powers.-- (1) Hearings and sessions.--For the purpose of carrying out this section, the Panel may, with the advice and consent of the Attorney General and the Director of the National Institute of Justice, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers appropriate. (2) Obtaining official data.--Subject to other law, the Panel may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. On request of the Chairperson, the head of that department or agency shall furnish that information to the Panel. (3) Mails.--The Panel 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) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Panel in the same manner in which such section applies to information provided to the Interagency Committee on Cigarette and Little Cigar Fire Safety. (j) Termination.-- (1) In general.--The Panel shall terminate 5 years after the date the Panel is duly organized. (2) Inapplicability of termination rule in the federal advisory committee act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Panel. SEC. 5. TECHNICAL STUDY GROUP ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Technical Study Group on Firearms Safety (in this section referred to as the ``Technical Study Group''). (b) Duties.-- (1) In general.--Subject to the oversight and review of the Independent Panel on Firearms Safety, the Technical Study Group shall undertake such studies and activities as the Technical Study Group considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. A main focus of the Technical Study Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms. The initial research conducted by the Technical Study Group should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. (2) Report.--Within 9 months after the date the Technical Study Group is duly organized, the Technical Study Group shall submit to the Independent Panel on Firearms Safety a report on the findings of the Technical Study Group. If the Technical Study Group determines that firearm safety locks can prevent the unintended discharge of firearms, the report shall include a recommendation for standards governing the design of firearm safety locks. (c) Membership.-- (1) Appointment.-- (A) NIJ experts.--The Director of the National Institute of Justice shall appoint to the Technical Study Group personnel and agents of the National Institute of Justice with technical or scientific expertise. (B) NIST experts.--The Director of the National Institute of Standards and Technology shall appoint to the Technical Study Group personnel of the National Institute of Standards and Technology with technical or scientific expertise. (C) BATF experts.--The Director of the Bureau of Alcohol, Tobacco and Firearms shall appoint to the Technical Study Group personnel of the Bureau with technical or scientific expertise. (D) CPSC experts.--The Director of the Consumer Product Safety Commission shall appoint to the Technical Study Group personnel of the Commission with technical or scientific expertise. (E) HHS experts.--The Secretary of Health and Human Services shall appoint to the Technical Study Group personnel of the Department of Health and Human Services with technical or scientific expertise. (F) DOJ experts.--The Attorney General, shall appoint to the Technical Study Group personnel of the Department of Justice with technical or scientific expertise. (G) Independent experts.--The Chairperson of the Independent Panel on Firearms Safety shall appoint to the Technical Study Group 4 individuals who are not officers or employees of any government, each of whom have scientific or technical expertise in law enforcement, firearms manufacturing, weapons detection technology, injury prevention, and consumer safety, respectively. (d) Procedure.--With the advice and consent of the Independent Panel on Firearms Safety, the Technical Study Group may designate, from among the Technical Study Group members, such persons to serve as team leaders, coordinators, or chairpersons, as the Technical Study Group deems necessary or appropriate to carry out the functions of the Technical Study Group. (e) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Technical Study Group in the same manner in which such section applies to information provided to the Technical Study Group on Cigarette and Little Cigar Fire Safety. (f) Applicability of Certain Rules Governing the Independent Panel on Firearms Safety.--Subsections (d), (e), (g), (h), and (j) of section 4 shall apply to the Technical Study Group in the same manner in which such subsections apply to the Independent Panel on Firearms Safety.

21st Century Firearm Technology and Safety Act of 1998 - Directs the Director of the National Institute of Justice to make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. Authorizes appropriations for FY 1998 through 2002. Establishes in the Department of Justice the Independent Panel on Firearms Safety to: (1) research how technology can be used in the area of weapons safety improvements to reduce violence; and (2) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. Requires the Panel to: (1) report to the Congress on the findings of the Technical Study Group on Firearms Safety (established in the Department under this Act); and (2) if the report contains a recommendation for standards governing the design of firearm safety locks, forward the recommendation to the National Institute of Justice. Requires the Panel to submit to the Congress annual reports detailing its findings and recommendations on such firearms safety improvements as the Panel considers appropriate. Terminates the Panel five years after the date it is organized. Requires the Group to undertake such studies and activities as it considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. States that: (1) a main focus of the Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms; and (2) the Group's initial research should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. Requires the Group to: (1) report to the Panel on its findings; and (2) include in the report a recommendation for standards governing the design of firearm safety locks if the Group determines that firearm safety locks can prevent the unintended discharge of firearms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroes at Home Act of 2007''. SEC. 2. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. (a) Program on Training and Certification of Family Caregiver Personal Care Attendants.--The Secretary of Veterans Affairs shall establish a program on training and certification of family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b) Location.--The program required by subsection (a) shall be located in each of the medical centers of the Department of Veterans Affairs. (c) Training Curricula.-- (1) In general.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, develop curricula for the training of personal care attendants described in subsection (a). Such curricula shall incorporate applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations. (2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (d) Program Participation.-- (1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the program required by subsection (a). (2) Basis for determination.--A determination made under paragraph (1) shall be based on the clinical needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f) Costs of Training.-- (1) Training of families of veterans.--Any costs of training provided under the program under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2) Training of families of members of the armed forces.-- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the program under this section for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g) Construction.--Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran. SEC. 3. OUTREACH AND PUBLIC AWARENESS. (a) Outreach Required.--The Secretary of Veterans Affairs shall conduct comprehensive outreach to enhance the awareness of veterans and the general public about the symptoms of post-traumatic stress disorder and traumatic brain injury and the services provided by the Department of Veterans Affairs to veterans with such symptoms. (b) Provision of Best Practices.--The Secretary of Veterans Affairs shall make available to non-Department of Veterans Affairs health practitioners the best practices developed by the Department for the treatment of traumatic brain injury and post-traumatic stress disorder. SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Telehealth and Telemental Health Demonstration Project.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive (including memory) functioning of members and former members of the Armed Forces who have sustained head trauma, in order to improve the diagnosis and treatment of traumatic brain injury. (2) Location.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the demonstration project required by paragraph (1) at one or more locations selected by the Secretaries for purposes of the demonstration project. (B) Priority for rural areas.--In selecting locations to carry out the demonstration project required by paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall give priority to locations that would provide service in a rural area. (3) Requirements.--The demonstration project required by paragraph (1) shall include the following: (A) The use of telehealth technology to assess the cognitive (including memory) functioning of a member or former member of the Armed Forces, including the following: (i) Obtaining information regarding the nature of any brain injury incurred by such member or former member. (ii) Assessing any symptoms of traumatic brain injury in such member or former member. (B) The use of telehealth technology to rehabilitate members or former members of the Armed Forces who have traumatic brain injury, and the use, to the extent practicable, of applicable standards and protocols used by certification programs of national brain injury care specialist organizations in order to assess progress in such rehabilitation. (C) The use of telehealth technology to disseminate education material to members and former members of the Armed Forces and the family members of such members on techniques, strategies, and skills for caring for and assisting such members, and to the extend practicable, such education materials shall incorporate training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (4) Use of proven technologies.--Any assessment administered as a part of the demonstration project required by paragraph (1) shall incorporate telemental health technology that has proven effective in the diagnosis and treatment of mental health conditions associated with traumatic brain injury. (5) Administration.-- (A) In general.--The demonstration project required by paragraph (1) shall be administered under the joint incentives program and carried out pursuant to section 8111(d) of title 38, United States Code. (B) Funding.--Amounts to carry out the demonstration project shall be derived from amounts in the DOD-VA Health Care Sharing Incentive Fund established under paragraph (2) of such section. (6) Report.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the demonstration project required by paragraph (1). (B) Submission with annual joint report.--The report required by subparagraph (A) shall be submitted to Congress at the same time as the annual joint report required by section 8111(f) of title 38, United States Code, for the fiscal year following the fiscal year of the date of the enactment of this Act. (b) Ongoing Study on Telehealth and Telemental Health Services.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall, through the Joint Executive Council (JEC) of the Department of Defense and the Department of Veterans Affairs, conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (2) Matters studied.--The matters studied under paragraph (1) shall include the following: (A) The number of members and former members of the Armed Forces who have used telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (B) The extent to which members of the National Guard and the Reserves are utilizing telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (C) The ways in which the Department of Defense and the Department of Veterans Affairs can improve the integration of telehealth and telemental health services with clinical medicine. (D) The extent to which telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs are provided in rural settings and through community-based outpatient clinics (CBOCs). (E) Best practices of civilian mental health providers and facilities with respect to the provision of telehealth and telemental health services, including how such practices can be adopted to improve telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (F) The feasability and advisability of partnering with civilian mental health facilities to provide telehealth and telemental health services to members and former members of the Armed Forces. (3) Annual reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the findings of the Joint Executive Counsel under this subsection during the preceding year. SEC. 5. DEFINITIONS. In this Act: (1) The term ``national brain injury care specialist organization'' means a national organization or association with demonstrated experience in providing training, education, and technical assistance in the provision of care for individuals with brain injury. (2) The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding). (3) The term ``traumatic brain injury'' means an acquired injury to the brain, including brain injuries caused by anoxia due to trauma and such other injuries as the Secretary considers appropriate, except that such term excludes brain dysfunction caused by-- (A) congenital or degenerative disorders; or (B) birth trauma.

Heroes at Home Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury (TBI); and (2) conduct outreach to enhance awareness of veterans and the public about the symptoms of post-traumatic stress disorder (PTSD) and TBI and the services provided by the Department of Veterans Affairs to veterans with such symptoms. Directs the Secretaries of Defense and Veterans Affairs to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2013''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``agency'' and ``agency action'' have the meanings given those terms under section 551 of title 5, United States Code; (2) the term ``covered civil action'' means a civil action-- (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under-- (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term ``covered consent decree'' means-- (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; (4) the term ``covered consent decree or settlement agreement'' means a covered consent decree and a covered settlement agreement; and (5) the term ``covered settlement agreement'' means-- (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. (a) Pleadings and Preliminary Matters.-- (1) In general.--In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement.--A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention.-- (1) Rebuttable presumption.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant-- (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement Negotiations.--Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and Comment on Covered Consent Decrees or Settlement Agreements.-- (1) In general.--Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online-- (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing-- (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys' fees or costs and, if so, the basis for including the award. (2) Public comment.-- (A) In general.--An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments.--An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court.--When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall-- (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record.--The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted.-- (A) In general.--After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record.--If an agency holds a public hearing under subparagraph (A)-- (i) the agency shall-- (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines.--If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of-- (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government.-- (1) In general.--For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms.--A term described in this paragraph is-- (A) in the case of a covered consent decree, a term that-- (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term-- (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that-- (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by Court.-- (1) Amicus.--A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines.-- (A) Proposed covered consent decrees.--For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements.--For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual Reports.--Each agency shall submit to Congress an annual report that, for the year covered by the report, includes-- (1) the number, identity, and content of covered civil actions brought against and covered consent decree or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for-- (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. SEC. 5. EFFECTIVE DATE. This Act shall apply to-- (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

Sunshine for Regulatory Decrees and Settlements Act of 2013 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting Data and Bundling Accountability Act of 2014''. SEC. 2. PLAN FOR IMPROVING DATA ON BUNDLED AND CONSOLIDATED CONTRACTS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(s) Data Quality Improvement Plan.-- ``(1) In general.--Not later than the first day of fiscal year 2016, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, and the Administrator of the General Services Administration shall develop a plan to improve the quality of data reported on bundled and consolidated contracts in the Federal procurement data system. ``(2) Plan requirements.--The plan shall-- ``(A) describe the roles and responsibilities of the Administrator of the Small Business Administration, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan described in paragraph (1) and contributing to the annual report required by subsection (p)(4); ``(B) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation; ``(C) establish consequences for failure to properly identify contracts as bundled or consolidated; ``(D) establish requirements for periodic and statistically valid data verification and validation; and ``(E) assign clear data verification responsibilities. ``(3) Committee briefing.--Once finalized and by not later than 90 days prior to implementation, the plan described in this subsection shall be presented to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. ``(4) Implementation.--Not later than the first day of fiscal year 2017, the Administrator of the Small Business Administration shall implement the plan described in this subsection. ``(5) Certification.--The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate certification of the accuracy and completeness of data reported on bundled and consolidated contracts. ``(6) GAO study and report.-- ``(A) Study.--Not later than the first day of fiscal year 2018, the Comptroller General of the United States shall initiate a study on the effectiveness of the plan described in this subsection that shall assess whether contracts were accurately labeled as bundled or consolidated. ``(B) Contracts evaluated.--For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States-- ``(i) shall evaluate, for work in each of sectors 23, 33, 54, and 56 (as defined by the North American Industry Classification System), not fewer than 100 contracts in each sector; ``(ii) shall evaluate only those contracts-- ``(I) awarded by an agency listed in section 901(b) of title 31, United States Code; and ``(II) that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value; and ``(iii) shall not evaluate contracts that have used any set aside authority. ``(C) Report.--Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts. ``(7) Definitions.--In this subsection the following definitions shall apply: ``(A) Chief acquisition officer; senior procurement executive.--The terms `Chief Acquisition Officer' and `senior procurement executive' have the meanings given such terms in section 44 of this Act. ``(B) Federal procurement data system definitions.--The terms `Base and Exercised Options Value', `Action Obligation', `Base and All Options Value', and `set aside authority' have the meanings given such terms by the Administrator for Federal Procurement Policy in the Federal procurement data system on October 1, 2013, or subsequent equivalent terms.''.

Contracting Data and Bundling Accountability Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to develop a plan to improve the quality of data reported on bundled and consolidated contracts in the federal procurement data system. Requires the plan to: (1) describe the roles and responsibilities of the Administrator, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan and contributing to the annual report; (2) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation; (3) establish consequences for failure to properly identify contracts as bundled or consolidated; (4) establish requirements for periodic and statistically valid data verification and validation; and (5) assign clear data verification responsibilities. Requires the finalized plan to be presented to the House and Senate small business committees by not later than 90 days prior to implementation. Directs the Administrator to: (1) implement the plan by the first day of FY2017, and (2) annually provide to such committees certification of the accuracy and completeness of data reported on bundled and consolidated contracts. Directs the Comptroller General (GAO): (1) to initiate a study by the first day of FY2018 on the effectiveness of the plan that shall assess whether contracts were accurately labeled as bundled or consolidated; and (2) not later than 12 months after initiating the study, to report to the small business committees on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Extended Retirement Credit Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to extend creditable service, for purposes of the Civil Service Retirement System, for periods of service in certain qualified Federal-State cooperative programs which had agricultural or related purposes; (2) to expedite the retirement of certain Federal Government employees by providing them improved retirement opportunities at typical retirement ages, thereby mitigating potentially adverse effects of deficit control measures on the welfare of those and other employees of the United States Department of Agriculture; and (3) to effect savings in budget authority and outlays in the Department of Agriculture in such a manner that the potential for adverse effects on program effectiveness is minimized. SEC. 3. EXTENSION OF CREDITABLE SERVICE. (a) Extended Credit Defined.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (27); (2) by striking the period at the end of paragraph (28) and inserting ``; and''; and (3) by adding after such paragraph (28) the following: ``(29) `extended credit' means creditable service for periods of service in Federal-State cooperative programs under section 8332(b)(18).''. (b) Creditable Service.--Section 8332(b) of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding after such paragraph (17) the following: ``(18) subject to sections 8334(c) and 8339(i), service performed before January 1, 1984, by an individual in the employ of a State or an instrumentality of a State, if-- ``(A) such service involved duties related to the carrying out of a Federal-State cooperative program described in subsection (o)(1); ``(B) such individual was later employed in a position which was then subject to this subchapter; and ``(C) such individual (or a survivor thereof) makes application for certification of credit for such service on or before the 180th day following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002.''. (c) Certification.--Section 8332(b) of title 5, United States Code, is further amended by adding at the end the following: ``The Office of Personnel Management shall accept, for purposes of this subchapter, the certification of the Secretary of Agriculture, or his designee, concerning service of the type described in paragraph (18).''. (d) Cooperative Programs Described.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) The Federal-State cooperative programs described in this subsection for which creditable service is allowable under subsection (b)(18) are-- ``(A) the Federal-State cooperative program of agricultural research of the State agricultural experiment stations as defined in section 1 of the Act entitled `An Act to consolidate the Hatch Act of 1887 and laws supplementary thereto relating to the appropriation of Federal funds for support of agricultural experiment stations in the States, Alaska, Hawaii, and Puerto Rico', approved August 11, 1955 (69 Stat. 671); ``(B) the Federal-State cooperative program of forestry research at eligible institutions of the State as defined in section 2 of the Act entitled `An Act to authorize the Secretary of Agriculture to encourage and assist the several States in carrying on a program of forestry research, and for other purposes', approved October 10, 1962 (76 Stat. 806), and popularly referred to as the McIntire-Stennis Act; ``(C) the Federal-State cooperative program of agricultural research for the fiscal year ending June 30, 1967 and later fiscal years at the 1890 land-grant colleges, including Tuskegee Institute, as defined in subsection 1445(a) of the `National Agricultural Research, Extension, and Teaching Policy Act of 1977', approved September 29, 1977 (91 Stat. 1009); ``(D) the Federal-State cooperative program of agricultural extension work authorized by the Act entitled `An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture', approved May 8, 1914 (38 Stat. 372), and acts supplementary thereto; ``(E) the Federal-State cooperative program of vocational education, including State programs of instruction in vocational agriculture and home economics authorized by the Act entitled `An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure', approved February 23, 1917 (39 Stat. 929), and acts supplementary thereto; ``(F) the Federal-State cooperative program in marketing service and research authorized by the Agricultural Marketing Act of 1946, approved August 14, 1946 (60 Stat. 1087), and predecessor programs, including programs to inspect, certify, and identify the class, quality, quantity, and condition of agricultural products shipped or received in interstate commerce; ``(G) the Federal-State cooperative program for the control of plant pests and animal diseases authorized by the subheading entitled `Federal Horticulture Board' under the heading entitled `Department of Agriculture' of the Act entitled `An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes', approved October 6, 1917 (40 Stat. 374); by section 102 of the Department of Agriculture Organic Act of 1944, approved September 21, 1944 (58 Stat. 734); by the joint resolution entitled `Joint resolution making funds available for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, mormon crickets, and chinch bugs', approved April 6, 1937 (50 Stat. 57); by the Act entitled `An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the United States from Mexico', approved January 31, 1942 (56 Stat. 40); by the Act entitled `An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes', approved August 20, 1912 (37 Stat. 315); by the first paragraph under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen', approved March 4, 1913 (37 Stat. 853), insofar as such paragraph relates to the importation of certain plants for scientific purposes; by the second, third, and fourth paragraphs under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and sixteen', approved March 4, 1915 (38 Stat. 1113); and by section 11 of the Act entitled `An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals', approved May 29, 1884 (23 Stat. 31); ``(H) the Federal-State cooperative programs of forest protection, management, and improvement performed under authority of the Act entitled `An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on the lands chiefly suitable therefore', approved June 7, 1924 (43 Stat. 653); of the Cooperative Forest Management Act, approved August 25, 1950 (64 Stat. 473); and of the Forest Pest Control Act, approved June 25, 1947 (61 Stat. 177); and the predecessor programs of any Act referred to in this paragraph; ``(I) the Federal-State cooperative programs of emergency relief, including State rural rehabilitation corporation programs established for the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the Act entitled `An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the civil works program, and for other purposes', approved February 15, 1934 (48 Stat. 351); and title II of the Act entitled `An Act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes', approved June 19, 1934 (48 Stat. 1021); ``(J) the Federal-State Cooperative Veterans' educational programs, including part-time instruction in on-the-farm training programs, as provided for in title II, chapter IV, `Education of Veterans', of the Serviceman's Readjustment Act of 1944, approved June 22, 1944 (58 Stat. 287), and subsequent amendments and Acts pertaining thereto; ``(K) the Federal-State cooperative programs in wildlife restoration and in fish restoration and management authorized respectively by the Acts entitled `An Act to provide that the United States shall aid these States in wildlife restoration projects, and for other purposes', approved September 2, 1937 (50 Stat. 917), and popularly referred to as the Pittman- Robertson Act, and `An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes', approved August 9, 1950, and popularly referred to as the Dingell-Johnson Act (64 Stat. 431) and the program of animal damage control authorized by the Act entitled `An Act to authorize the Secretary of Agriculture to carry out his ten-year cooperative program for the eradication, suppression, or bringing under control of predatory and other wild animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game, and other interests, and for the suppression of rabies and tularemia in predatory or other wild animals, and for other purposes', approved March 2, 1931 (46 Stat. 1468). ``(2) Within 60 days following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002, the Office of Personnel Management shall promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for periods of service in the Federal-State cooperative programs enumerated in subsection (b)(18), and by individuals in making application for such extended credit.''. (e) Annuity Adjustments.--Section 8345 of title 5, United States Code, is amended by adding at the end the following: ``(m) If the Secretary of Agriculture certifies to the Office of Personnel Management creditable service for purposes of this subchapter of the type described in section 8332(b)(17), in response to application by an annuitant or survivor annuitant, then the annuity of the annuitant or survivor annuitant shall be adjusted on the first day of the month following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002 so that the amount of the annuity shall be the same as if the total creditable service of the employee or Member, on whose creditable service the annuity was computed, had included, on the original date on which the annuity was computed, the amount of service certified.''. SEC. 4. EXPEDITED RETIREMENT SAVINGS. (a) In General.--Notwithstanding any other provisions of law, the Secretary of Agriculture shall at the end of each pay period for which both the first and last days occur in the expedited retirement period transfer to the expedited retirement trust fund, out of any monies appropriated to the Department of Agriculture, an amount equal to expedited retirement savings for that pay period. (b) Definitions.--For the purpose of this section-- (1) the term ``pay period'' means the biweekly Federal pay period; (2) the term ``expedited retirement period'' means the period beginning on the 60th day after the date of enactment of this Act and ending at the end of the fourth fiscal year which begins on or after the first day of such period; (3) the term ``expedited retiree'' means an individual who retires from a position in the Department of Agriculture on any day of the expedited retirement period and who receives extended credit under the amendments made by this Act; (4) the term ``expedited retiree pay rate'' means the biweekly regular pay rate of an expedited retiree on his or her last day of employment before retirement; (5) the term ``expedited retirement savings'' means, for any given pay period for which both the first and last days occurred within the expedited retirement period, the aggregate of 160 percent of the expedited retiree pay rates for all expedited retirees whose last day of employment prior to retirement occurred on or before the first day of the given pay period; and (6) the term ``expedited retirement trust fund'' means a trust fund of the Department of Agriculture which serves as depository for budget authority and outlay saved in any fiscal year of the expedited retirement period resulting from implementation of this Act and amendments made by this Act. SEC. 5. LIMITATION ON USE OF SAVINGS. (a) In General.--(1) None of the budget authority and outlays saved in any fiscal year by reason of the transfer of expedited retirement savings to the expedited retirement trust fund resulting from the implementation of this Act and the amendments made by this Act may be obligated or expended for any purpose. (2) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall, at the end of that fiscal year be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, as a contribution of the United States Government to such Fund, under such procedures as the Comptroller General may prescribe. (3) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall be credited against any amount of pay and other personnel and direct support costs required to be sequestered in such fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177). (b) Audits.--The Comptroller General shall notify Congress, in writing, of each noncompliance with the requirements of subsection (a). SEC. 6. PROGRAM REPORT. (a) In General.--Not later than 1 year after the first day of the expedited retirement period, the Director of the Office of Personnel Management shall transmit to Congress a report containing an evaluation of the expedited retirement savings program. (b) Contents of Report.--The report under subsection (a) shall include the following: (1) The number of employees who retired under the expedited retirement program, stated by age group of the retirees, and by grade or other position classification of the retirees. (2) The amount of expedited retirement savings that have resulted, before the date of the report, from the implementation of this Act and the amendments made by this Act. (c) Administrative Provision.--The Director of the Office of Personnel Management may obtain from any agency of the Federal Government such information as the Director determines necessary to prepare the report required by subsection (a).

Agricultural Extended Retirement Credit Act of 2002 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes.Requires the Office of Personnel Management (OPM) to promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for such periods of service, and by individuals in making application for such extended credit. Provides for appropriate annuity adjustments upon certification by the Secretary to the Office of Personnel Management (OPM) in response to annuitant applications.Directs the Secretary to transfer to the expedited retirement trust fund an amount equal to the expedited retirement savings realized by individuals receiving extended retirement credit under this Act.Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of implementation of this Act. Requires transfer to the Department's surplus fund of the savings resulting from the expedited retirement of those employees of the Department who have been extended such credit. Requires the surplus budget authority and outlays so transferred to be: (1) deposited by the Secretary in the Treasury to the credit of the Civil Service Retirement and Disability Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).Requires the Comptroller General to notify the Congress of each instance of noncompliance with such requirements.Directs the OPM Director to report to the Congress an evaluation of the expedited retirement savings program.

SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY. (a) In General.--Title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. ``(2) Pension participant advocate.--The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall-- ``(A) have demonstrated experience in the area of pension participant assistance, and ``(B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. ``(b) Functions of Office.--It shall be the function of the Office of Pension Participant Advocacy to-- ``(1) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including-- ``(A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, ``(B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and ``(C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, ``(2) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including-- ``(A) enlisting the cooperation of the public and private sectors in disseminating information, and ``(B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, ``(3) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, ``(4) give priority to the special needs of low and moderate income participants, and ``(5) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. ``(c) Reports.-- ``(1) Annual report.--Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall-- ``(A) identify significant problems the Advocate has identified, ``(B) include specific legislative and regulatory changes to address the problems, and ``(C) identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. ``(2) Specific reports.--The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. ``(3) Reports to be submitted directly.--The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. ``(d) Specific Powers.-- ``(1) Receipt of information.--Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. ``(2) Appearances.--The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. ``(3) Contracting authority.--In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law-- ``(A) contract with any person to acquire statistical information with respect to pension plan participants, and ``(B) conduct direct surveys of pension plan participants.''. (b) Conforming Amendment.--The table of contents for title III of such Act is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``3051. Office of Pension Participant Advocacy''. (c) Effective Date.--The amendment made by this section shall take effect on January 1, 2006.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Shield Our Streets Act of 2012''. (b) Definitions.--In this Act: (1) Elevated need locality.--The term ``elevated need locality'' means a county or other unit of local government that is not part of a county that-- (A) has a violent crime rate at or above the national average, as determined by the Federal Bureau of Investigation; and (B) has, during the most recent 5-year period, had budget reductions. (2) Unit of local government.--The term ``unit of local government'' has the meaning given such term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791). SEC. 2. SHIELD POLICE HIRING GRANTS. (a) In General.--The Attorney General is authorized to carry out a program, through the Office of Community Oriented Policing Services, to award grants to eligible local law enforcement agencies to assist such agencies with hiring and rehiring career law enforcement officers in accordance with this section. (b) Eligible Local Law Enforcement Agencies.--For the purposes of this section, an ``eligible local law enforcement agency'' is a local law enforcement agency that has jurisdiction over all or part of an elevated need locality. (c) Use of Funds.--Grant funds awarded under this section shall be used by an eligible local law enforcement agency to-- (1) hire and train new career law enforcement officers for deployment in the jurisdiction of the agency; or (2) rehire career law enforcement officers who have been laid off as a result of Federal, State, or local budget reductions. (d) Grant Period.--Each grant awarded under this section shall be for a period of 3 years and may be extended or renewed for an additional 2-year period at the discretion of the Attorney General. (e) Technical Assistance.--The Attorney General shall provide technical assistance to eligible local law enforcement agencies during the application process and while such agencies are carrying out grants under this section. (f) No Matching Requirement.--An eligible local law enforcement agency receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of Appropriations.--In addition to any other funds authorized to be appropriated for hiring and rehiring local law enforcement officers, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2013 through 2018. SEC. 3. SHIELD PUBLIC SAFETY ENHANCEMENT GRANTS. (a) In General.--The Attorney General is authorized to carry out a program to award grants to eligible organizations to enhance public safety through the activities described in subsection (c). (b) Eligible Organizations.--For the purposes of this section, an ``eligible organization'' is-- (1) a unit of local government that has jurisdiction over all or part of an elevated need locality; or (2) a nonprofit organization that operates in one or more elevated need localities. (c) Authorized Activities.--Grant funds awarded under this section shall be used as follows: (1) With respect to an eligible organization described in subsection (b)(1), to enhance public safety in the jurisdiction of the organization. Such enhancement may include-- (A) purchasing public safety equipment; (B) funding public safety programs; (C) making infrastructure improvements for the purpose of enhancing public safety; (D) purchasing and installing street lights and other lights to deter crime; (E) funding activities related to crime labs; and (F) funding public defender programs. (2) With respect to an eligible organization described in subsection (b)(2), to carry out programs designed to reduce crime in one or more of the counties or cities under subsection (b)(2). (d) Grant Period.--Each grant awarded under this section shall be for a period of one year and may be extended or renewed for an additional period at the discretion of the Attorney General. (e) Technical Assistance.--The Attorney General shall provide technical assistance to eligible organizations during the application process and while such organizations are carrying out grants under this section. (f) No Matching Requirement.--An eligible organization receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of Appropriations.--In addition to any other funds authorized to be appropriated for public safety enhancement by eligible organizations, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2013 through 2018.

Shield Our Streets Act of 2012 - Authorizes the Attorney General to carry out a program, through the Office of Community Oriented Policing Services, to award grants to assist eligible local law enforcement agencies with hiring and training new law enforcement officers and with rehiring career law enforcement officers who have been laid off as a result of budget reductions. Defines an "eligible" local law enforcement agency as one that has jurisdiction over all or part of a county or other unit of local government that has a violent crime rate at or above the national average and that has had budget reductions during the most recent five-year period (elevated need locality). Authorizes the Attorney General to carry out a program to award grants to units of local government that have jurisdiction over all or part of an elevated need locality to enhance public safety in such jurisdictions, including by: (1) purchasing public safety equipment, (2) funding public safety programs, (3) making infrastructure improvements, (4) purchasing and installing lights to deter crime, (5) funding activities related to crime labs, and (6) funding public defender programs. Authorizes such grants to nonprofit organizations that operate in elevated need localities to carry out programs designed to reduce crime in such areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs and Opportunity Bonus Tax Credit Act of 2014'' or the ``JOB Tax Credit Act''. SEC. 2. JOBS AND OPPORTUNITY BONUS CREDIT. (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. JOBS AND OPPORTUNITY BONUS CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the jobs and opportunity bonus credit determined under this section with respect to any eligible employee of the employer is an amount equal to the lesser of-- ``(1) 50 percent of the job training program expenditures of the taxpayer with respect to such employee during the taxable year, or ``(2) $5,000. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which employed an average of not more than 500 full-time employees during the taxable year. ``(c) Job Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `job training program expenses' means amounts paid or incurred by the employer for expenses incurred by or on behalf of an eligible employee for participation in a qualified training program. ``(2) Qualified training program.--For purposes of this subsection, the term `qualified training program' means any of the following written plans of study and training: ``(A) An apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50). ``(B) A program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(C) A program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. ``(D) A program which conforms to apprentice training programs developed or administered by an employer trade group or committee. ``(E) An industry sponsored or administered program which is clearly identified and commonly recognized. ``(d) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of the employer, who while participating in the job skills training program is employed on average at least 40 hours of service per week. ``(e) Recapture of Credit for Employee Not Performing Minimum Service.-- ``(1) In general.--In the case of any employee with respect to whom a credit is allowed under this section and whose employment is terminated by the employer (other than by reason of such employee's gross misconduct) before the end of the 2- year period beginning on the first day of the employee's study or training with respect to which a credit is allowed under this section, the tax of the taxpayer under this chapter for the taxable year during which such termination occurs shall be increased by an amount equal to-- ``(A) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the job training program expenses with respect to such employee had been zero, multiplied by ``(B) the inclusion ratio. ``(2) Inclusion ratio.--For purposes of this subsection, the inclusion ratio is the ratio which-- ``(A) an amount equal to the difference of-- ``(i) the number of days in the 2-year period, over ``(ii) the number of days such employee was employed by the employer during such 2-year period, bears to ``(B) the number of days in the 2-year period. ``(f) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(g) Termination.--The section shall not apply amounts paid or incurred during taxable years beginning after December 31, 2017.''. (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 jobs and opportunity bonus 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. Jobs and opportunity bonus credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Jobs and Opportunity Bonus Tax Credit Act of 2014 or the JOB Tax Credit Act - Amends the Internal Revenue Code to allow employers who employ not more than 500 full-time employees during the taxable year a business-related tax credit equal to the lesser of: (1) 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or (2) $5,000. Terminates such credit after 2017.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the General Services Administration. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Northern border.--The term ``Northern border'' means the international border between the United States and Canada. (4) Relevant committees of congress.--The term ``relevant committees of Congress'' means-- (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Finance of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Homeland Security of the House of Representatives; (F) the Committee on the Judiciary of the House of Representatives; and (G) the Committee on Transportation and Infrastructure of the House of Representatives. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) Southern border.--The term ``Southern border'' means the international border between the United States and Mexico. SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL. (a) Staff Enhancements.-- (1) Authorization.--In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within U.S. Customs and Border Protection on such date, the Secretary, subject to the availability of appropriations for such purpose, shall hire, train, and assign to duty, by not later than September 30, 2023-- (A) 5,000 full-time U.S. Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border and the Southern border; and (B) 350 full-time support staff for all United States ports of entry. (2) Waiver of fte limitation.--The Secretary may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to carry out paragraph (1). (b) Reports to Congress.-- (1) Outbound inspections.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report that includes a plan for ensuring the placement of sufficient U.S. Customs and Border Protection officers on outbound inspections, and adequate outbound infrastructure, at all Southern border land ports of entry. (2) Sufficient agricultural specialists and personnel.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, shall submit to the relevant committees of Congress a report that contains plans for the Department of Homeland Security, the Department of Agriculture, and the Department of Health and Human Services, respectively, for ensuring the placement of sufficient U.S. Customs and Border Protection agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, Food and Drug Administration consumer safety officers, and other relevant and related personnel at all Southern border land ports of entry. (3) Annual implementation report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the relevant committees of Congress a report that-- (A) details the Department of Homeland Security's implementation plan for the staff enhancements required under subsection (a)(1)(A); (B) includes the number of additional personnel assigned to duty at land ports of entry, classified by location; (C) describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections; and (D) includes-- (i) the strategic plan required under section 5(a)(1); (ii) the model required under section 5(b), including the underlying assumptions, factors, and concerns that guide the decision-making and allocation process; and (iii) the new outcome-based performance measures adopted under section 5(c). (c) Secure Communication.--The Secretary shall ensure that each U.S. Customs and Border Protection officer is equipped with a secure 2- way communication and satellite-enabled device, supported by system interoperability, that allows U.S. Customs and Border Protection officers to communicate-- (1) between ports of entry and inspection stations; and (2) with other Federal, State, tribal, and local law enforcement entities. (d) Border Area Security Initiative Grant Program.--The Secretary shall establish a program for awarding grants for the purchase of-- (1) identification and detection equipment; and (2) mobile, hand-held, 2-way communication devices for State and local law enforcement officers serving on the Southern border. (e) Port of Entry Infrastructure Improvements.-- (1) In general.--The Commissioner may aid in the enforcement of Federal customs, immigration, and agriculture laws by-- (A) designing, constructing, and modifying-- (i) United States ports of entry; (ii) living quarters for officers, agents, and personnel; (iii) technology and equipment, including technology and equipment deployed in support of standardized and automated collection of vehicular travel time; and (iv) other structures and facilities, including structures and facilities owned by municipalities, local governments, or private entities located at land ports of entry; (B) acquiring, by purchase, donation, exchange, or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner's duties under this section; and (C) constructing additional ports of entry along the Southern border and the Northern border. (2) Prioritization.--In selecting improvements under this section, the Commissioner, in coordination with the Administrator, shall give priority consideration to projects that will substantially-- (A) reduce commercial and passenger vehicle and pedestrian crossing wait times at one or more ports of entry on the same border; (B) increase trade, travel efficiency, and the projected total annual volume at one or more ports of entry on the same border; and (C) enhance safety and security at border facilities at one or more ports of entry on the same border. (f) Consultation.-- (1) Locations for new ports of entry.--The Secretary shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, Indian tribes, local governments, and property owners, as appropriate, to-- (A) determine locations for new ports of entry; and (B) minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life of the communities and residents located near such ports. (2) Savings provision.--Nothing in this subsection may be construed to-- (A) create any right or liability of the parties described in paragraph (1); (B) affect the legality or validity of any determination by the Secretary under this Act; or (C) affect any consultation requirement under any other law. (g) Authority To Acquire Leaseholds.--Notwithstanding any other provision of law, if the Secretary determines that the acquisition of a leasehold interest in real property and the construction or modification of any facility on such leased property are necessary to facilitate the implementation of this Act, the Secretary may-- (1) acquire such leasehold interest; and (2) construct or modify such facility. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, for each of the fiscal years 2018 through 2023, $1,000,000,000, of which $5,000,000 shall be used for grants authorized under subsection (d). (i) Offset, Rescission of Unobligated Federal Funds.-- (1) In general.--There is hereby rescinded, from appropriated discretionary funds that remain available for obligation on the date of the enactment of this Act (other than the unobligated funds referred to in paragraph (4)), amounts determined by the Director of the Office of Management and Budget that are equal, in the aggregate, to the amount authorized to be appropriated under subsection (h). (2) Implementation.--The Director of the Office of Management and Budget shall determine and identify-- (A) the appropriation accounts from which the rescission under paragraph (1) shall apply; and (B) the amount of the rescission that shall be applied to each such account. (3) Report.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress and to the Secretary of the Treasury a report that describes the accounts and amounts determined and identified under paragraph (2) for rescission under paragraph (1). (4) Exceptions.--This subsection shall not apply to unobligated funds of-- (A) the Department of Defense; (B) the Department of Veterans Affairs; or (C) the Department of Homeland Security. SEC. 4. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS. (a) Border Wait Time Data Collection.-- (1) Strategic plan.--The Secretary, in consultation with the Commissioner, the Administrator of the Federal Highway Administration, State departments of transportation, and other public and private stakeholders, shall develop a strategic plan for standardized collection of vehicle wait times at land ports of entry. (2) Elements.--The strategic plan required under paragraph (1) shall include-- (A) a description of how U.S. Customs and Border Protection will ensure standardized manual wait time collection practices at ports of entry; (B) current wait time collection practices at each land port of entry, which shall also be made available through existing online platforms for public reporting; (C) the identification of a standardized measurement and validation wait time data tool for use at all land ports of entry; and (D) an assessment of the feasibility and cost for supplementing and replacing manual data collection with automation, which should utilize existing automation efforts and resources. (3) Updates for collection methods.--The Secretary shall update the strategic plan required under paragraph (1) to reflect new practices, timelines, tools, and assessments, as appropriate. (b) Staff Allocation.--The Secretary, in consultation with the Commissioner and State, municipal, and private sector stakeholders at each port of entry, shall develop a standardized model for the allocation of U.S. Customs and Border Protection officers and support staff at land ports of entry, including allocations specific to field offices and the port level that utilizes-- (1) current and future operational priorities and threats; (2) historical staffing levels and patterns; and (3) anticipated traffic flows. (c) Outcome-Based Performance Measures.-- (1) In general.--The Secretary, in consultation with the Commissioner and relevant public and private sector stakeholders, shall identify and adopt not fewer than two new, outcome-based performance measures that support the trade facilitation goals of U.S. Customs and Border Protection. (2) Effect of trusted traveler and shipper programs.-- Outcome-based performance measures identified under this subsection should include-- (A) the extent to which trusted traveler and shipper program participants experience decreased annual percentage wait time compared to nonparticipants; and (B) the extent to which trusted traveler and shipper program participants experience an annual reduction in percentage of referrals to secondary inspection facilities compared to nonparticipants. (3) Agency efficiencies.--The Secretary may not adopt performance measures under this subsection that-- (A) solely address U.S. Customs and Border Protection resource efficiency; or (B) fail to adequately-- (i) gauge the impact of programs or initiatives on trade facilitation goals; or (ii) measure benefits to stakeholders. (4) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report that identifies-- (A) the new performance measures developed under this subsection; and (B) the process for the incorporation of such measures into existing performance measures.

Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018 This bill directs the Department of Homeland Security (DHS) to hire, train, and assign to duty, by September 30, 2023: (1) 5,000 additional full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders, and (2) 350 full-time support staff for all U.S. ports of entry. The bill also requires DHS to: ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations and with other law enforcement entities; award grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border; develop a strategic plan for standardized collection of vehicle wait times at land ports of entry and update it to reflect new practices, time lines, tools, and assessments; develop a standardized model for the allocation of CBP officers and support staff at land ports of entry; and identify and adopt at least two new, outcome-based performance measures that support the trade facilitation goals of the CBP.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class and Small Business Tax Relief Act of 2012''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Permanent extension of certain 2001 tax relief for middle-class families, small businesses, and family farms. Sec. 3. Permanent extension of 2003 tax relief for middle-class families, small businesses, and family farms. Sec. 4. Temporary extension of 2009 tax relief. Sec. 5. Temporary extension of estate tax relief. Sec. 6. Temporary extension of increased alternative minimum tax exemption amount. Sec. 7. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. SEC. 2. PERMANENT EXTENSION OF CERTAIN 2001 TAX RELIEF FOR MIDDLE-CLASS FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended-- (1) by striking ``this Act shall not apply--'' and all that follows through ``in the case of title V,'' in subsection (a) and inserting ``title V shall not apply'', and (2) by striking ``years,'' in subsection (b). (b) Application to Certain High-Income Taxpayers.-- (1) Income tax rates.-- (A) Treatment of 25- and 28-percent rate brackets.--Paragraph (2) of section 1(i) is amended to read as follows: ``(2) 25- and 28-percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears.''. (B) 33- and 35-percent rate brackets.--Subsection (i) of section 1 is amended by redesignating paragraph (3) as paragraph (6) and by inserting after paragraph (2) the following new paragraph: ``(3) Applicable amounts in the fourth rate bracket.-- ``(A) In general.--In the case of a taxpayer whose applicable amount for the taxable year is in the fourth rate bracket-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(iii) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(4) Applicable amounts in the highest rate bracket.-- ``(A) In general.--In the case of a taxpayer whose applicable amount for the taxable year is in the highest rate bracket-- ``(i) the tables under subsections (a), (b), (c), and (d) shall be applied by substituting `33%' for `36%' each place it appears, ``(ii) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the highest rate bracket shall be 35 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(iii) the 39.6 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Highest rate bracket.--For purposes of this paragraph, the term `highest rate bracket' means the bracket which would (determined without regard to this paragraph) be the 39.6-percent rate bracket. ``(5) Applicable amount.--For purposes of this subsection-- ``(A) In general.--The term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(B) Applicable threshold.--The term `applicable threshold' means, in the case of any taxpayer for any taxable year, the sum of-- ``(i) the base amount, plus ``(ii) the small business and family farm income of such taxpayer for such taxable year. ``(C) Base amount.--The term `base amount' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (G)) in the case of subsection (d). ``(D) Small business and family farm income.-- ``(i) In general.--The term `small business and family farm income' means, with respect to any taxpayer for any taxable year, the gross income of the taxpayer for such taxable year which is attributable to-- ``(I) any small trade or business of the taxpayer (other than the trade or business of being an employee), or ``(II) any dividends, distributions, or interest received from any small business. ``(ii) Deductions taken into account.--The amount of gross income taken into account under clause (i) shall be reduced by the amount of any deductions properly allocable thereto. ``(iii) Small business.--The term `small business' means any corporation or partnership which employed an average of less than 500 employees on business days during the taxable year. A trade or business shall be treated as a small trade or business if such trade or business would be a small business if such trade or business was a corporation. For purposes of this clause, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single entity. ``(E) Inflation adjustment.--For purposes of this paragraph, with respect to taxable years beginning in calendar years after 2012, each of the dollar amounts under clauses (i) and (ii) of subparagraph (C) shall be adjusted in the same manner as under paragraph (1)(C), except that subsection (f)(3)(B) shall be applied by substituting `2011' for `1992'.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendments.--Paragraph (4) of section 151(d) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. PERMANENT EXTENSION OF 2003 TAX RELIEF FOR MIDDLE-CLASS FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS. (a) Permanent Extension.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (2) Effective date.--The repeal made by this subsection shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (b) 20-Percent Capital Gains Rate for Certain High-Income Individuals.-- (1) In general.--Paragraph (1) of section 1(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 36 percent (39.6 percent in the case of a taxpayer whose applicable amount (as defined in subsection (i)(3)) is above the dollar amount at which the highest rate bracket (as defined in such subsection) begins), over ``(II) the sum of the amounts on which a tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or ``(ii) the excess described in section 1(h)(1)(C)(ii), plus ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus''. (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``15 percent'' and inserting ``20 percent'': (A) Section 531. (B) Section 541. (C) Section 1445(e)(1). (D) The second sentence of section 7518(g)(6)(A). (E) Section 53511(f)(2) of title 46, United States Code. (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking ``5 percent (0 percent in the case of taxable years beginning after 2007)'' and inserting ``0 percent''. (3) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided, the amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2012. (2) Withholding.--The amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to amounts paid on or after January 1, 2013. SEC. 4. TEMPORARY EXTENSION OF 2009 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Temporary Extension of Rule Disregarding Refunds in the Administration of Federal Programs and Federally Assisted Programs.-- Subsection (b) of section 6409 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (e) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 5. TEMPORARY EXTENSION OF ESTATE TAX RELIEF. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001, as amended by this Act, is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. SEC. 6. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012'', and (2) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``or 2011'' and inserting ``2011, or 2012'', and (2) by striking ``2011'' in the heading thereof and inserting ``2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Middle Class and Small Business Tax Relief Act of 2012 - Makes provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) permanent for taxpayers whose adjusted gross incomes do not exceed a specified base amount (i.e., $200,000 for individual taxpayers and $250,000 for married couples filing jointly). Revises income tax rates to increase to 39.6% the maximum income tax rate for taxpayers whose incomes exceed the base amount. Makes provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce the tax rate on dividend and capital gains income for taxpayers whose incomes do not exceed the base amount permanent. Increases to 20% the tax rate on dividend and capital gains income for taxpayers whose incomes are  above the base amount. Amends the Internal Revenue Code to extend for an additional year: (1) the increased Hope Scholarship tax credit (designated as the American Opportunity Tax Credit), (2) the increase in the refundable portion of the child tax credit, (3) the increased percentage of the earned income tax credit for taxpayers with three or more qualifying children, (4) the disregard of tax refunds for purposes of determining eligibility for certain means tested federal programs, (5) the increased exemption from the alternative minimum tax (AMT) for individual taxpayers, and (6) the offset against the AMT for certain nonrefundable personal tax credits. Extends until December 31, 2013, the estate, gift, and generation-skipping transfer provisions of EGTRRA.

SECTION 1. DUTY-FREE TREATMENT OF CERTAIN FOODSTUFFS ORIGINATING IN NAFTA COUNTRIES. (a) Amendments to U.S. Notes.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding after U.S. note 6 the following new note: ``7. Certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.--The following provisions apply only to subheading 9802.00.95: ``(a) Entry of any product described by subheading 9802.00.95: ``(i) shall not be subject to duty under the provisions of subchapter IV of chapter 99; and ``(ii) if a tariff-rate quota provision would have applied to such product but for subheading 9802.00.95, the quantity of the product entered under that subheading shall not be counted against the quantity specified as the in-quota quantity for any such product. ``(b) The term `product of Canada or Mexico' means a good: ``(i) that is determined to be a product of Canada or of Mexico under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act; or ``(ii) that is processed, packaged, or otherwise advanced in value or improved in condition in Canada or Mexico (or both) and that is determined to be a product of the United States under such rules of origin. ``(c) The term `product of the United States' means a good or material that is determined to be a product of the United States under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act. ``(d) The term `processed in Canada or Mexico (or both) using a good or material that was exported from the United States' includes, but is not limited to: ``(i) processing in Canada or Mexico using a good or material that previously was imported into the United States; and ``(ii) processing in Canada or Mexico using a good or material that was processed in a country or countries other than Canada or Mexico after exportation from the United States, if such processing did not effect a change in the country of origin of the good as exported from the United States.''. (b) Duty-Free Treatment.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9802.00.95 Any good of Free (see U.S. note subheading 7 of this 2008.11, that is a subchapter) '' product of Canada . or Mexico and that was processed in Canada or Mexico (or both) using a good or material exported from the United States, if the following conditions are met: (1) the good as imported into the United States is an originating good satisfying the requirements of General Note 12 of the tariff schedule; and (2) any good or material of heading 1202 or 2008 that was used in the processing in Canada or in Mexico (or both) of the good imported into the United States was a product of the United States and was produced from quota peanuts as defined in section 358-1 of the Agriculture Adjustment Act of 1938 that are products of the United States..... (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply 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 provide duty-free treatment for certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.

SECTION 1. FINDINGS. The Congress finds that-- (1) the right to public trials and other court proceedings is protected by the First and Sixth Amendments to the Constitution; (2) while members of the public once commonly attended trials in person, today they must rely on the print and electronic media to learn about court proceedings; (3) Americans' understanding of the courts and their important work, as well as respect for the judicial system, is enhanced when photographic and electronic media coverage is permitted; (4) while 47 States now allow photographic and electronic media coverage of some or all of their courts, Federal courts have been entirely closed to such coverage, aside from a limited experimental program; (5) the presence of cameras and microphones in the courtroom does not deny litigants due process of law, or interfere with the fundamental fairness of the trial, as the Supreme Court recognized more than a decade ago in Chandler v. Florida; and (6) photographic and electronic media coverage of the courts does not, when appropriately regulated, either disrupt the proceedings or undermine the fair administration of justice. SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS. Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1659. Media coverage of court proceedings ``(a) Media Coverage.-- ``(1) In criminal proceedings.--The Judicial Conference shall, within 1 year after the effective date of this section, authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of criminal court proceedings, including trials. At least 15 Federal judicial districts shall participate in the experimental program. ``(2) In civil proceedings.--Any presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of civil court proceedings, including trials. ``(3) General limitations.--The court may in any case refuse, limit, or terminate photographic or electronic media coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. No changes in the scheduling, form, or procedure of any court proceeding may be made, by virtue of this section, for the benefit of the media in providing photographic or electronic media coverage under this section. ``(b) Permission To Use Media Coverage.-- ``(1) Requests for permission.--A request for permission to use photographic or electronic media coverage of a court proceeding under this section shall be made on a form approved by the Judicial Conference that is filed within a reasonable time before the portion of the proceeding for which media coverage is requested. The clerk of the court shall promptly notify the parties to the proceeding of the request. ``(2) Action of the court on requests.--A decision of the court granting or denying a request for photographic or electronic media coverage shall be in writing and shall be included in the record of the court proceedings. A decision to permit such coverage shall contain any restrictions imposed by the judge on the photographic or electronic media coverage and shall contain a statement advising the parties that any violation of the rules of the court with respect to such permission may be punished by the court as a contempt thereof. A decision of the court under this paragraph to grant or deny a request for photographic or electronic media coverage may be set aside on review only if it is found to be an abuse of discretion. ``(3) Pretrial conference.--A pretrial conference shall be held in each case in which photographic or electronic media coverage of a proceeding has been approved. At such conference, the presiding judge shall review with counsel and the media who will participate in the photographic or electronic media coverage the restrictions to be imposed on such coverage. Counsel shall convey to the court any concerns of prospective witnesses with respect to the photographic or electronic media coverage. ``(c) Prohibited Coverage.-- ``(1) Prohibitions.--Proceedings held in chambers, proceedings closed to the public, and jury selection shall not be photographed, recorded, or broadcast under this section. The testimony of police informants, minors, undercover agents, and in cases involving sex offenses, the victim and family of the victim, shall not be photographed, recorded, or broadcast under this section. Conferences between an attorney and a client, witness, or aide, between attorneys, or between counsel and the court at the bench shall not be recorded or received by sound equipment. Closeup photography of jurors is prohibited. ``(2) Arraignments and suppression hearings.--Photographic or electronic media coverage of arraignments and suppression hearings shall not be permitted unless the proceedings are open to the public. ``(3) Witnesses at criminal trials.--Upon the request of a witness in any criminal proceeding for which photographic or electronic media coverage is permitted under this section, the presiding judge may, for good cause shown based on the circumstances of that witness, order that the visual image of the witness be obscured. ``(d) Equipment and Personnel.--The court may require media personnel to demonstrate that equipment proposed to be used for photographic or electronic media coverage under this section complies with this section. The court may specify the placement of media personnel and equipment to permit reasonable coverage without disruption of the proceedings. Unless the court in its discretion orders otherwise, the following applies: ``(1) Only 2 television cameras and 2 still photographers, with not more than 4 cameras and 6 lenses, are permitted. ``(2) Equipment shall not produce distracting sound or light. Signal lights or devices indicating when equipment is operating shall not be visible. ``(3) If the court permits existing courtroom sound and lighting systems to be modified, the modifications shall be installed, maintained, and removed without cost to the Federal Government. Microphones and wiring shall be unobtrusively located in places approved by the court and shall be operated by 1 person. ``(4) Operators shall not move equipment or enter or leave the courtroom while the court is in session, or otherwise cause a distraction. ``(5) Equipment or clothing shall not bear the insignia or marking of a media agency. ``(e) Pooling.--If media agencies are unable to agree on arrangements for pooled coverage of a proceeding, the court shall deny photographic and electronic media coverage of the proceeding under this section. ``(f) Other Photographing, Recording, or Broadcasting.--Any photographing, recording, or broadcasting of court proceedings, other than that permitted under this section, is prohibited unless specifically authorized by the court, except that the court may not waive any provision of subsection (c). ``(g) Review Committee.-- ``(1) Creation.--There shall be created a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. ``(2) Membership.--The committee shall consist of 16 members, 4 to be appointed by the Judicial Conference, 4 to be appointed by the Attorney General of the United States, 2 to be appointed by the Speaker of the House of Representatives, 2 to be appointed by the minority leader of the House of Representatives, 2 to be appointed by the majority leader of the Senate, and 2 to be appointed by the minority leader of the Senate. The chair of the committee shall be appointed by the Judicial Conference. At least 1 member of the committee appointed by the Attorney General shall be a representative of the electronic news media, and at least 1 member of the committee appointed by the Judicial Conference shall be a trial judge who has had experience with photographic or electronic media coverage of court proceedings. ``(3) Duties.--The committee shall evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice. The Federal Judicial Center shall cooperate with the committee in connection with the review of the impact of photographic or electronic media coverage on criminal court proceedings. The committee may request participation and assistance from bar associations in carrying out its functions. ``(4) Compensation.--The members of the committee shall serve without compensation for their services as members of the committee, except that each member of the committee who is not an officer or employee of the Federal Government may be allowed necessary and actual expenses incurred in the performance of his or her duties under this subsection. Such expenses shall be paid by the Administrative Office of the United States Courts. ``(5) Recommendations.--The committee shall make recommendations to the Congress and to the Judicial Conference with respect to the efficacy of the experimental program authorized by subsection (a)(1), the effects of the program on the administration of justice, and whether the program should be continued. Such recommendations shall be submitted not later than January 31, 1998. ``(h) Rules and Regulations.--The Judicial Conference shall promulgate appropriate rules to carry out this section after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Such rules shall include provisions to ensure that the photographic or electronic media coverage of court proceedings does not interfere with the decorum and dignity of courtrooms and court facilities. ``(i) Definitions.--For purposes of this section-- ``(1) the term `photographic or electronic media coverage' means any recording or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment; and ``(2) the term `media' or `media agency' means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, in-house publication, professional journal, or other news reporting or news gathering agency. ``(j) Termination or Extension of Program.-- ``(1) Termination.--Subject to paragraph (2), the experimental program authorized by subsection (a)(1) shall terminate on June 30, 1998. ``(2) Extension by judicial conference.--Paragraph (1) does not apply if the Judicial Conference extends the program authorized by subsection (a)(1) and so notifies the Congress in writing before June 30, 1998. Such extension may apply to criminal proceedings in all judicial districts (subject to subsection (c)) and may apply until such time as the Judicial Conference provides otherwise. ``(k) Inapplicability of Rule 53 of the Rules of Criminal Procedure.--Rule 53 of the Federal Rules of Criminal Procedure does not apply during the period the program authorized by subsection (a)(1) (including any extension under subsection (j)(2)) is in effect. ``(l) Independent Action by Judicial Conference.--Nothing in this section precludes the Judicial Conference from authorizing photographic and electronic media coverage of criminal proceedings before the program authorized by subsection (a)(1) terminates.''. SEC. 3. CONFORMING AMENDMENT. The table of sections for chapter III of title 28, United States Code, is amended by adding at the end the following: ``1659. Media coverage of court proceedings.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on the date of the enactment of this Act.

Amends the Federal judicial code to: (1) direct the Judicial Conference to authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, permit photographic or electronic media coverage of criminal court proceedings, including trials (requires that at least 15 Federal judicial districts participate in the experimental program); and (2) authorize any presiding judge to permit such coverage of civil court proceedings, including trials. Authorizes the court in any case to refuse, limit, or terminate such coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. Prohibits any changes in the scheduling, form, or procedure of any court proceeding by virtue of this Act for the benefit of the media in providing such coverage. Sets forth provisions regarding: (1) requests for permission to use media coverage; (2) prohibited coverage; (3) equipment and personnel; (4) pooled coverage; and (5) other photographing, recording, or broadcasting. Provides for the creation of a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Directs: (1) the committee to evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice and make recommendations to the Congress and the Judicial Conference; (2) the Federal Judicial Center to cooperate with the committee in connection with the review of the impact of such coverage; and (3) the Judicial Conference to promulgate appropriate rules to carry out this Act after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Terminates the experimental program on June 30, 1998, unless the Judicial Conference extends the program and notifies the Congress in writing before that date. Makes rule 53 of the Federal Rules of Criminal Procedure (prohibiting taking photographs in the court room during judicial proceedings or radio broadcasting such proceedings) inapplicable during the period that the program is in effect. Allows the Judicial Conference to authorize such coverage of criminal proceedings before the program terminates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Warning Reporting System Improvement Act of 2014''. SEC. 2. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS. Section 30166(m) of title 49, United States Code is amended-- (1) in paragraph (3)(C)-- (A) by striking ``The manufacturer'' and inserting the following: ``(i) In general.--The manufacturer''; and (B) by adding at the end the following: ``(ii) Fatal incidents.--If an incident described in clause (i) involves fatalities, the Secretary shall require the manufacturer to submit, as part of its incident report-- ``(I) all initial claims or notice documents that notified the manufacturer of the incident; ``(II) any police reports or other documents describing or reconstructing the incident; and ``(III) any amendments or supplements to the documents described in subclause (I), except for-- ``(aa) medical documents and bills; ``(bb) property damage invoices or estimates; and ``(cc) documents related to damages.''; (2) in paragraph (4), by amending subparagraph (C) to read as follows: ``(C) Disclosure.-- ``(i) In general.--The information provided to the Secretary pursuant to this subsection-- ``(I) shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5; and ``(II) shall be entered into the early warning reporting database in a manner that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and type of potential defect. ``(ii) Presumption.--In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information. ``(iii) Inapplicability of confidentiality provisions.--In administering this paragraph, the confidentiality provisions under section 552(b)(4) of title 5, shall not be construed to prevent the public disclosure of-- ``(I) production information regarding passenger motor vehicles; ``(II) information on incidents involving death or injury; ``(III) numbers of property damage claims; or ``(IV) aggregated numbers of consumer complaints.''; and (3) by adding at the end the following: ``(6) Use of early warning reports.--The Secretary shall consider information gathered under this section in proceedings described in sections 30118 and 30162.''. SEC. 3. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION VEHICLE SAFETY DATABASES. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and after consultation with frequent users of its publicly available databases, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall improve public accessibility to information on the National Highway Traffic Safety Administration's publicly accessible vehicle safety databases by-- (1) improving organization and functionality, including design features such as drop-down menus, and allowing for data from all of the publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner-- (A) consistent with the public interest; and (B) that facilitates easy use by consumers; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) ensuring that all documents, studies, investigations, inspections, incident reports, and other materials related to an incident that are created or obtained by the National Highway Traffic Safety Administration be made publicly available in a manner that is searchable in databases by-- (A) manufacturer name, vehicle or equipment make and model name, and model year; (B) type of potential defect; (C) number of injuries or fatalities; and (D) any other element that the Secretary determines to be in the public interest. (b) Inspection and Investigation Information.--The Secretary shall-- (1) provide public notice of all inspection and investigation activities conducted by the Secretary under section 30166 of title 49, United States Code; and (2) make such notices, and notice of any enforcement or other action taken as a result of an inspection or investigation-- (A) available to consumers on the Internet immediately after such notice is issued; and (B) searchable by manufacturer name, vehicle or equipment make and model name, model year, system or component, and the type of inspection or investigation being conducted.

Early Warning Reporting System Improvement Act of 2014 - Revises early warning reporting requirements for manufacturers of motor vehicles regarding possible defects of motor vehicles and motor vehicle equipment. Directs the Secretary of Transportation (DOT) to require a manufacturer in cases where the defect has caused a fatality to provide certain additional information as part of its report to the Secretary. Requires that information to be publicly disclosed and entered into the National Highway Traffic Safety Administration (NHTSA) early warning reporting database. Directs the Secretary to: (1) take specified actions to improve public accessibility to information on NHTSA's public vehicle safety databases; and (2) give public notice via the internet of all inspections or investigations conducted by the Secretary to enforce a motor vehicle safety requirement or order, or that are related to a motor vehicle accident due to a possible defect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Space Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) a prolonged and severe downturn in the market for commercial space launches has resulted in-- (A) a significant reduction in the United States global market share in orbital space launches; (B) a severe decrease in the number of Government- licensed orbital launches; and (C) a commercial space transportation industry dependent upon Government business opportunities; (2) the continuous reduction of cost and improvement in safety and reliability of commercial space transportation capabilities is a necessary ingredient to achieving most United States space goals; (3) the opening of outer space to the American people and their economic, scientific, and cultural enterprises is a priority goal which should guide Federal space investments, policy development, and regulatory action; (4) despite a weak United States launch industry, recent industrial and technical developments indicate that commercial suborbital human spaceflight vehicles are under active development in both the United States and other nations, and greater private investment in these development efforts will promote greater innovation and competitiveness for the United States commercial space transportation industry as a whole; (5) space transportation is not without risks; (6) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to ensure that the Federal regulation of this new commercial suborbital human spaceflight industry should focus on protecting the safety of the general, uninvolved public, while allowing involved persons to assume risks which are inherent to human spaceflight activities; (7) enactment of a 3-year extension of the excess third party claims payment provision of chapter 701 of title 49, United States Code (Commercial Space Launch Activities) is necessary to provide an appropriate period to evaluate recommended changes to the Government's commercial space launch indemnification regime; (8) the Secretary of Transportation should establish regulatory guidelines that foster an efficient and cost- effective process for ensuring safe commercial space launch operations at the Nation's launch ranges and bases; and (9) the public interest is served by creating a clear legal and regulatory regime for commercial space transportation, including an unambiguous delineation of regulatory roles and responsibilities. SEC. 3. AMENDMENTS. (a) Authorization of Appropriations for Office of Commercial Space Transportation.--Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $11,523,000 for fiscal year 2004; and ``(2) $11,000,000 for fiscal year 2005.''. (b) Findings.--Section 70101(a) of title 49, United States Code, is amended-- (1) in paragraph (3), by inserting ``human spaceflight,'' after ``research,''; and (2) in paragraph (4), by striking ``satellite'' and inserting ``space'', and by striking ``services now available from'' and inserting ``capabilities of''. (c) Definitions.--Section 70102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (2) through (16) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (16), (19), and (20), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) `crew' means an individual or individuals carried within a launch or reentry vehicle who performs a function necessary for the protection of public safety. ''; (3) in paragraph (9), as so redesignated by paragraph (1) of this subsection-- (A) by inserting ``an individual or'' after ``means''; (B) by inserting ``or return from'' after ``to place in''; and (C) by striking ``that object'' and inserting ``that individual or object''; (4) by inserting after paragraph (14), as so redesignated by paragraph (1) of this subsection, the following new paragraph: ``(15) `spaceflight participant' means an individual who is not crew carried within a launch or reentry vehicle during a launch or reentry.''; (5) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: ``(17) `suborbital rocket' means a rocket-propelled vehicle intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the powered portion of its flight. ``(18) `suborbital trajectory' means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.''; and (6) in paragraph (19), as so redesignated by paragraph (1) of this subsection-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) crew or spaceflight participants.''. (d) Commercial Human Spaceflight.--(1) Section 70104 of title 49, United States Code, is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: ``(c) Compliance With Spaceflight Participant Requirements.--The holder of a license under this chapter may launch or reenter a spaceflight participant only if-- ``(1) the spaceflight participant has received training and met medical or other standards specified in the license; ``(2) the spaceflight participant is informed of the safety record of the launch or reentry vehicle type; and ``(3) the launch or reentry vehicle is marked in a manner specified by the Secretary of Transportation which identifies it as a launch or reentry vehicle rather than an aircraft.''. (2) Section 70112(b)(1) of title 49, United States Code, is amended by striking ``property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees'' and inserting ``personal injury, death, property damage, or loss it sustains, and for personal injury to, death of, or property damage or loss sustained by its own employees,''. SEC. 4. REGULATORY FRAMEWORK. The Secretary of Transportation shall take appropriate efforts, including realignment of personnel and resources, to create a streamlined, cost-effective, and enabling regulatory framework for the United States commercial human spaceflight industry. The Secretary of Transportation shall clearly distinguish the Department's regulation of air commerce from its regulation of commercial human spaceflight, and focus the Department's regulation of commercial human spaceflight activities on protecting the safety of the general public, while allowing spaceflight participants who have been trained and meet license-specific standards to assume an informed level of risk. Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report on the progress made in implementing this section. SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION. Section 70113(f) of title 49, United States Code, is amended by striking ``December 31, 2004'' and inserting ``December 31, 2007''. SEC. 6. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION. (a) Applications.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study on the liability risk-sharing regime in the United States for commercial space transportation. The study shall recommend modifications to the liability regime and characterization of actions required to implement those modifications. The study shall analyze the adequacy, propriety, and effectiveness of, and the need for, the current liability risk-sharing regime. The study shall specifically consider-- (1) other countries' regimes; (2) the use of the designation of ``ultra hazardous'' for space transportation activities; (3) relevant international treaties; (4) impacts of reusable launch vehicles and spaceports; and (5) the feasibility of airline-like liability regimes. The study shall use a clearly described, analytical methodology to specify the factors used in evaluating the current regime and alternative approaches to the current regime. Estimates of impacts shall be quantified where possible. (b) Completion Date.--The results of the study described in subsection (a) shall be transmitted to the Congress not later than 18 months after the date of the enactment of this Act. SEC. 7. OFFICE OF SPACE COMMERCE. (a) Redesignation.--The Office of Space Commercialization established under section 8 of the Technology Administration Act of 1998 (15 U.S.C. 1511e) is redesignated as the Office of Space Commerce. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for the Office of Space Commerce-- (1) $1,800,000 for fiscal year 2004; and (2) $2,000,000 for fiscal year 2005. SEC. 8. DELEGATION OF LICENSING AUTHORITY. (a) Delegation.--The Secretary of Commerce shall delegate the authority provided to the Secretary under title II of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5621 et seq.) to the Director of the Office of Space Commerce. (b) Amendment.--Section 8(c) of the Technology Administration Act of 1998 (15 U.S.C. 1511e(c)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) licensing private sector parties to operate private remote sensing space systems; and ``(9) serving as the Executive Secretary for the Interagency Global Positioning System Executive Board.''.

Commercial Space Act of 2003 - Amends the Commercial Space Launch Act (CSLA) to prohibit CSLA license holders from launching or reentering a spaceflight participant unless: (1) the participant has received training and met medical or other standards specified in the license; (2) the participant is informed of the safety record of the launch or reentry vehicle type; and (3) the launch or reentry vehicle is marked to distinguish it from an aircraft in a manner specified by the Secretary of Transportation. Requires the Secretary to create, and report to Congress on progress in implementing, a streamlined, cost-effective, and enabling regulatory framework for the U.S. commercial human spaceflight industry. Extends current indemnification provisions for commercial space transportation through calendar 2007. Requires the Secretary to arrange with the National Academy of Public Administration to study and report to Congress on the liability risk-sharing regime for U.S. commercial space transportation. Redesignates the Department of Commerce's Office of Space Commercialization as the Office of Space Commerce (OSC). Requires the Secretary of Commerce to delegate to the Director of OSC the Secretary's licensing authority for private remote sensing space systems (satellite photo systems). Amends the Technology Administration Act of 1998 to reflect this delegation of authority and to give the Director of OSC responsibility for serving as Executive Secretary for the Interagency Global Positioning System Executive Board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Tax Equity Act of 2006''. SEC. 2. DEMONSTRATION PROGRAM FOR STATE ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (26 U.S.C. 3301-3311) is amended-- (1) by redesignating section 3311 as section 3312; and (2) by inserting after section 3310 the following new section: ``SEC. 3311. DEMONSTRATION PROGRAM FOR STATE ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAM. ``(a) In General.--The Secretary of Labor shall establish a demonstration program under which the primary responsibility for the proper and efficient administration of a State's unemployment compensation law is transferred (by agreement with the Secretary of Labor) to each participating State for the duration of the demonstration project under such program. Such agreement shall contain such terms and conditions as the Secretary of Labor determines necessary or appropriate to carry out this section. ``(b) Limitation on Number of Participating States.--The Secretary of Labor may not enter into agreements under this section for demonstration projects under the demonstration program with more than 5 States. ``(c) Application.-- ``(1) In general.--The Governor of any State which desires to enter into an agreement under this section may submit an application to the Secretary of Labor at such time, in such manner, and including such information as the Secretary of Labor may require. Such application shall, at a minimum, include-- ``(A) a description of the demonstration project, including the authorization under State law for conducting the demonstration project and the time period during which such demonstration project would be conducted; ``(B) a description of the goals relating to the demonstration project and the expected programmatic outcomes if the application to participate in the demonstration project is approved, including how the demonstration project will assist in meeting the purposes of the demonstration program described in subsection (a); ``(C) assurances, accompanied by detailed analysis, that the demonstration project will provide the amount of funding necessary for the proper and efficient administration of the State's unemployment compensation law; ``(D) a description of the manner in which the State will conduct an impact evaluation, using a control or comparison group or other methodology, of the demonstration project described in subparagraph (A) and determine whether the goals and outcomes described in subparagraph (B) are achieved; and ``(E) assurances that the State will provide any reports relating to the demonstration project as the Secretary may require. ``(2) Notice.-- ``(A) Application procedure.--The Secretary of Labor shall provide notice to each State setting forth the purposes of the demonstration program, the application requirements, and a due date for the receipt of applications. ``(B) Approval or denial of application.--The Secretary of Labor shall provide public notice of the decision to approve or deny any application submitted under this section within 30 days after notifying the State of such approval or disapproval. Notice under this subparagraph may be provided through the Internet or other appropriate means. ``(d) Period for Which Demonstration Project Is in Effect.-- ``(1) In general.--A demonstration project for which the Secretary of Labor enters into an agreement with a State under this section shall, except as provided in paragraphs (2) and (3)-- ``(A) be for a period of 5 years, ``(B) not begin before January 1, 2008, and ``(C) terminate before January 1, 2014. ``(2) Termination of agreement by secretary of labor.--The Secretary of Labor may terminate an agreement entered into under this section if the Secretary determines that the State has not complied with the terms and conditions specified in such agreement. ``(3) Termination of agreement by state.--Any State which is a party to an agreement under this section may, upon providing 30 days written notice to the Secretary of Labor, terminate such agreement. ``(e) Adjustment of Credit.--In the case of credits allowed to a taxpayer under section 3302 with respect to the unemployment compensation law of a State for which a demonstration project is in effect under this section, section 3302 shall be applied-- ``(1) in subsection (b) thereof by substituting `5.8%' for `5.4%', and ``(2) in subsection (c)(1) thereof by substituting `96.67 percent' for `90 percent'.''. (b) Ineligibility for Grants for Unemployment Compensation Administration.--Section 302 of the Social Security Act (42 U.S.C. 502) is amended by adding at the end the following new subsection: ``(d) The Secretary of Labor shall make no certification under subsection (a) for payment to any State with respect to any fiscal year (or portion of a fiscal year) during which such State is participating in a demonstration project established under section 3311 of the Internal Revenue Code of 1986.''. (c) Conforming Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting after the item relating to section 3310 the following: ``Sec. 3311. Demonstration program for State administration of unemployment compensation program. ``Sec. 3312. Short title.''.

Unemployment Tax Equity Act of 2006 - Amends the Internal Revenue Code to direct the Secretary of Labor to enter into agreements with no more than five states for the establishment of demonstration programs to permit such states to assume primary responsibility for the administration of their unemployment compensation laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Borrowers' Bill of Rights Act of 2013''. TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES. Section 523(a) of title 11 of the United States Code is amended-- (1) by striking paragraph (8); and (2) by redesignating paragraphs (9) through (19) as paragraphs (8) through (18). SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR STUDENT LOANS. Subsection (a) of section 484A of the Higher Education Act of 1965 (20 U.S.C. 1091a(a)) is amended to read as follows: ``(a) Statute of Limitations.--Notwithstanding any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced-- ``(1) an institution that receives funds under this title may file a suit or initiate or take another action for collection of a refund due from a student on a grant made, or work assistance awarded, under this title, during the 6-year period beginning on the day after the refund first became due (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(2) a guaranty agency that has an agreement with the Secretary under section 428(c) may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part B during the 6-year period beginning on the day after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(3) an institution that has an agreement with the Secretary pursuant to section 487 may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part D or E after the default of the borrower on such loan during the 6-year period beginning on the day after the date of the default of the borrower with respect to such amount (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); or ``(4) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, may file a suit or initiate or take another action for collection of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title, during the 6-year period beginning on the day after the refund or the amount first became due.''. SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN OFFSETS OR THROUGH WAGE GARNISHMENT. (a) Prohibition on Offset of Social Security Benefits.--Section 3716(c)(3)(A) of title 31, United States Code, is amended-- (1) in clause (i), by striking ``except as provided in clause (ii)'' and inserting ``except as provided in clauses (ii) and (iii)''; and (2) by adding at the end the following new clause: ``(iii) Notwithstanding clause (i), any payments due to an individual under Federal benefits programs cited under clause (i) shall not be subject to offset under this subsection if the offset is for payments certified by the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title 31, United States Code, is amended-- (1) by striking ``Any Federal agency'' and inserting ``(1) Except as provided in paragraph (2), any Federal agency''; and (2) by adding at the end the following new paragraph: ``(2) Any past-due legally enforceable debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification under paragraph (1), and any refund of Federal taxes paid by the individual shall not be subject to reduction under subsection (c) for such debt.''. (c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31, United States Code, is amended-- (1) by striking ``Notwithstanding'' and inserting: ``(1) Except as provided in paragraph (2) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(2) Any delinquent nontax debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to collection under this section through garnishment of disposable pay of the individual.''. TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS. (a) In General.--Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking ``if such discharge'' and all that follows and inserting a period. (b) Student Loans.--Paragraph (2) of section 108(f) of such Code is amended by striking ``made by--'' and all that follows and inserting the following: ``. Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence.''. (c) Conforming Amendments.--Section 108(f) of such Code is amended by striking paragraphs (3) and (4). (d) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS. (a) In General.--Subparagraph (A) of section 529(e)(3) is amended by striking clause (iii) and inserting the following new clause: ``(iii) interest or principal paid with respect to a qualified education loan (as defined in section 221) with respect to a designated beneficiary.''. (b) Conforming Amendments.-- (1) Section 529(e)(3)(A) of such Code is amended by striking the second sentence. (2) Section 72(t)(7)(A) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (3) Section 530(b)(2)(A)(i) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS. (a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;''. (b) Income-Based Repayment.-- (1) Section 493c.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)-- (i) by striking ``this section'' and all that follows through ``hardship'' and inserting ``In this section, the term `partial financial hardship'''; and (ii) by striking, ``(other than an excepted PLUS loan or excepted consolidation loan)''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (ii) in paragraph (6)(A), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (C) in subsection (c), by striking ``(other than an excepted PLUS loan or excepted consolidation loan),''. (2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student''. (c) Pay As You Earn.--The income-contingent repayment plan (based on the President's ``Pay As You Earn'' repayment initiative) implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 (77 Fed. Reg. 66088 et seq.), shall be available to borrowers of-- (1) a Federal Direct PLUS loan made on behalf of a dependent student; and (2) a Federal Direct Consolidation Loan, the proceeds of which were used to discharge the liability on a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (d) Loan Forgiveness for Service in Areas of National Need.-- Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended-- (1) in subparagraph (A), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)))''; and (2) in subparagraph (B), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan)''. SEC. 204. DETERMINATION OF ADVERSE CREDIT HISTORY. Section 428B(a)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-2(a)(1)(A)) is amended by striking ``regulations promulgated by the Secretary'' and inserting ``section 685.200(c) of title 34, Code of Federal Regulations (as in effect on September 30, 2011)''. TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN DEFAULT. No evidence of an individual's default on the repayment of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a Federal or State proceeding involving the individual's professional or vocational license. SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN DEFAULT. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) (as amended by section 301) is further amended by adding at the end the following new paragraph: ``(31)(A) The institution will not prohibit a student from accessing the student's transcripts, degree scrolls, or other certifications of coursework or educational attainments at the institution because the student is in default on the repayment of a loan made, insured, or guaranteed under this title. ``(B) For purposes of this paragraph, the term `student' includes former students.''. TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN PUBLIC SERVICE CAREERS SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN PUBLIC SERVICE JOBS FOR 5 YEARS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following new paragraph: ``(5) Loan cancellation after 5 years.--Beginning fiscal year 2014, the Secretary shall also cancel 50 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for borrowers employed in a public service job for 5 years during the repayment of such loans-- ``(A) by applying paragraph (1)(A)-- ``(i) by substituting `60' for `120' each place it appears; and ``(ii) by substituting `October 1, 2007' for `October 1, 2013'; and ``(B) by applying paragraph (2), by substituting `50 percent of the balance' with `the balance'.''.

Student Loan Borrowers' Bill of Rights Act of 2013 - Removes educational loans from the list of debts that are non-dischargeable in bankruptcy. Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to reinstate the six-year statute of limitations on the recovery by: institutions of higher education (IHEs) of refund amounts owed by students on grants made, or work assistance awarded, under title IV; guaranty agencies of amounts owed on loans made under the Federal Family Education Loan (FFEL) program; IHEs that have program participation agreements with the Secretary of Education of amounts owed under the William D. Ford Federal Direct Loan program or Federal Perkins Loans program; and the federal government of amounts owed by students on grants made under title IV or amounts owed by borrowers on loans made under title IV that have been assigned to the Secretary. Prohibits the collection of amounts individuals owe the Department of Education under title IV of the HEA through: (1) offsets of social security, railroad retirement, or black lung benefits; (2) offsets of tax refunds; or (3) wage garnishment. Amends the Internal Revenue Code to exclude discharged student loan debt from an individual's gross income. Excludes from gross income distributions from qualified tuition plans that are use to pay the interest or principal on student loans. Amends the HEA to make borrowers of PLUS loans made on behalf of dependent students under: the Direct Loan program eligible for income-contingent repayment plans, including plans based on the President's Pay As You Earn repayment initiative; the Direct Loan or FFEL programs eligible for income-based repayment plans that enable borrowers who have a partial financial hardship to make lower monthly payments; and the Direct Loan or FFEL programs eligible for loan forgiveness for service in areas of national need. Specifies the regulation to be used in determining whether individuals have an adverse credit history that disqualifies them from borrowing a Direct Plus loan (provided to graduate or professional students or the parents of dependent students). Prohibits evidence of an individual's default on a loan made, insured, or guaranteed under title IV of the HEA from being used in a federal or state proceeding involving the individual's professional or vocational license. Prohibits an IHE from blocking students' access to their student records at the IHE due to such students being in default on such loans. Directs the Secretary to cancel 50% of the balance of the interest and principal due on Direct loans that are not in default for borrowers who are employed in a public service job and make 60 monthly payments on such loans after October 1, 2013.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Infrastructure Development and Expansion Act for the 21st Century''. SEC. 2. HIGH-SPEED INTERCITY RAIL FACILITY BONDS. (a) Amendment.--Chapter 261 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 26106. High-speed rail infrastructure bonds ``(a) Designation.--The Secretary may designate bonds under this section if-- ``(1) the bonds are to be issued by-- ``(A) a State, if the entire railroad passenger transportation corridor containing the infrastructure project to be financed is within the State; ``(B) 1 or more of the States that have entered into an interstate compact under section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 nt); or ``(C) an interstate compact described in subparagraph (B); ``(2) the bonds are for the purpose of financing-- ``(A) projects to provide a major portion of the infrastructure required to complete a railroad passenger transportation corridor, for transportation described in section 20102(1)(A)(ii), designed for sustained cruising speeds of 125 miles per hour or more, but only if the Secretary determines that the projects are part of a viable and comprehensive railroad passenger transportation corridor design for high-speed intercity rail passenger service; or ``(B) projects for the Alaska Railroad; ``(3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use, including compensation for such use and assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; ``(4) the corridor design eliminates all existing railroad grade crossings and requires no additional railroad grade crossings to be created; and ``(5) the applicant agrees to comply with the standards of section 24312 of this title, as in effect on September 1, 2001, with respect to the project. ``(b) Bond Amount Limitation.--The Secretary may designate bonds under this section in amounts not to exceed $3,600,000,000 for each of the fiscal years 2003 through 2012. Any amount of the limitation under this subsection not used for a fiscal year may be carried over and used as an additional limitation amount for any subsequent fiscal year. ``(c) Preference.--The Secretary shall give preference to the designation under this section of bonds for projects-- ``(1) with respect to which the State or States will provide State funds, for purposes other than paying the principal or interest on the bonds, that are not derived, directly or indirectly, from transfers from the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986; or ``(2) which propose to link rail passenger service with other modes of transportation. ``(d) Timely Disposition of Application.--The Secretary shall grant or deny a requested designation within 9 months after receipt of an application. ``(e) Annual Report.--The issuer of bonds designated under this section shall report annually to the Secretary regarding the terms of outstanding designated bonds and the progress made with respect to the project financed by the bonds. ``(f) Tax Provisions.-- ``(1) Exclusion from gross income.--The interest on a bond designated by the Secretary under subsection (a) shall be excluded from gross income under section 103 of the Internal Revenue Code of 1986, notwithstanding section 149(c) of such Code. ``(2) Exemption from volume cap.--For purposes of section 146 of such Code, a bond designated by the Secretary under subsection (a) of this section shall be considered to be exempt from the volume cap of the issuing authority in the same manner as bonds listed in subsection (g) of such section 146.''. (b) Table of Sections Amendment.--The table of sections of chapter 261 of title 49, United States Code, is amended by adding after the item relating to section 26105 the following new item: ``26106. High-speed rail infrastructure bonds.''. SEC. 3. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT. (a) Corridor Development.-- (1) Amendments.--Section 26101 of title 49, United States Code, is amended-- (A) in the section heading, by striking ``planning'' and inserting ``development''; (B) in the heading of subsection (a), by striking ``Planning'' and inserting ``Development''; (C) by striking ``corridor planning'' each place it appears and inserting ``corridor development''; (D) in subsection (b)(1)-- (i) by inserting ``, or if it is an activity described in subparagraph (M)'' after ``high-speed rail improvements''; (ii) by striking ``and'' at the end of subparagraph (K); (iii) by striking the period at the end of subparagraph (L) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(M) the acquisition of locomotives, rolling stock, track, and signal equipment.''; and (E) in subsection (c)(2), by striking ``planning'' and inserting ``development''. (2) Conforming amendment.--The item relating to section 26101 in the table of sections of chapter 261 of title 49, United States Code, is amended by striking ``planning'' and inserting ``development''. (b) Authorization of Appropriations.--Section 26104 of title 49, United States Code, is amended to read as follows: ``Sec. 26104. Authorization of appropriations ``(a) Fiscal Years 2002 Through 2009.--There are authorized to be appropriated to the Secretary-- ``(1) $25,000,000 for carrying out section 26101; and ``(2) $10,000,000 for carrying out section 26102, for each of the fiscal years 2002 through 2009. ``(b) Funds To Remain Available.--Funds made available under this section shall remain available until expended.''. SEC. 4. REHABILITATION AND IMPROVEMENT FINANCING. (a) Definitions.--Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as follows: ``(7) `railroad' has the meaning given that term in section 20102 of title 49, United States Code; and''. (b) General Authority.--Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is amended by striking ``Secretary may provide direct loans and loan guarantees to State and local governments,'' and inserting ``Secretary shall provide direct loans and loan guarantees to State and local governments, interstate compacts entered into under section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 nt),''. (c) Extent of Authority.--Section 502(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is amended-- (1) by striking ``$3,500,000,000'' and inserting ``$35,000,000,000''; (2) by striking ``$1,000,000,000'' and inserting ``$7,000,000,000''; and (3) by adding at the end the following new sentence: ``The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.''. (d) Cohorts of Loans.--Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by adding after subparagraph (D) the following new subparagraph: ``(E) the size and characteristics of the cohort of which the loan or loan guarantee is a member; and''; and (2) by adding at the end of paragraph (4) the following: ``A cohort may include loans and loan guarantees. The Secretary shall not establish any limit on the proportion of a cohort that may be used for 1 loan or loan guarantee.''. (e) Conditions of Assistance.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended-- (1) in subsection (f)(2)(A), by inserting ``, if any'' after ``collateral offered''; and (2) by adding at the end of subsection (h) the following: ``The Secretary shall not require an applicant for a direct loan or loan guarantee under this section to provide collateral. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously sought the financial assistance requested from another source. The Secretary shall require recipients of direct loans or loan guarantees under this section to apply the standards of section 26106(a)(5) of title 49, United States Code, to their projects, except for projects primarily benefiting Class III freight railroads.''. (f) Time Limit for Approval or Disapproval.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended by adding at the end the following new subsection: ``(i) Time Limit for Approval or Disapproval.--Not later than 180 days after receiving a complete application for a direct loan or loan guarantee under this section, the Secretary shall approve or disapprove the application.''. (g) Fees and Charges.--Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended by adding at the end the following new subsection: ``(l) Fees and Charges.--Except as provided in this title, the Secretary may not assess any fees, including user fees, or charges in connection with a direct loan or loan guarantee provided under section 502.''. (h) Substantive Criteria and Standards.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall publish in the Federal Register and post on the Department of Transportation web site the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).

Rail Infrastructure Development and Expansion Act for the 21st Century - Amends Federal rail transportation law to authorize the Secretary of Transportation to designate bonds if: (1) the bonds are issued by a State, or one or more of the States that have entered into an interstate compact under the Amtrak Reform and Accountability Act of 1997, or by such compact; (2) such bonds are for financing projects to provide a major portion of the infrastructure required to complete a railroad passenger transportation corridor for high-speed intercity rail passenger service, or for projects for the Alaska Railroad; (3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use and other conditions are met; (4) the corridor design eliminates all existing railroad grade crossings and requires no additional railroad grade crossings to be created; and (5) the applicant agrees to comply with certain labor standards with respect to such project. Excludes the interest on such bonds from an individual's gross income.Makes corridor development activities (including the acquisition of locomotives, rolling stock, track, and signal equipment) eligible for Federal assistance.Amends specified Federal law to change from discretionary to mandatory the Secretary's authority to provide direct loans and loan guarantees for rail rehabilitation and improvement projects to State and local governments, interstate compacts, government sponsored authorities and corporations, railroads, and joint ventures that include at least one railroad.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards. (2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms. (3) Improved windstorm impact reduction measures have the potential to reduce these losses through-- (A) cost-effective and affordable design and construction methods and practices; (B) effective mitigation programs at the local, State, and national level; (C) improved data collection and analysis and impact prediction methodologies; (D) engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and (E) public education and outreach. (4) There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) Program.--The term ``Program'' means the National Windstorm Impact Reduction Program established by section 4(a). (3) State.--The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (4) Windstorm.--The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. (a) Establishment.--There is established the National Windstorm Impact Reduction Program. (b) Objective.--The objective of the Program is the achievement of major measurable reductions in losses of life and property from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging implementation of cost-effective mitigation measures to reduce those impacts. (c) Interagency Working Group.--Not later than 90 days after the date of enactment of this Act, the Director shall establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. The Director shall designate an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: (1) The National Institute of Standards and Technology shall support research and development to improve building codes and standards and practices for design and construction of buildings, structures, and lifelines. (2) The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (3) The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach. (d) Program Components.-- (1) In general.--The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology transfer, and research and development. To the extent practicable, research activities authorized under this Act shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction efforts. (2) Understanding of windstorms.--Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe wind on buildings, structures, and infrastructure. (3) Windstorm impact assessment.--Activities to improve windstorm impact assessment shall include-- (A) development of mechanisms for collecting and inventorying information on the performance of buildings, structures, and infrastructure in windstorms and improved collection of pertinent information from sources, including the design and construction industry, insurance companies, and building officials; (B) research, development, and technology transfer to improve loss estimation and risk assessment systems; and (C) research, development, and technology transfer to improve simulation and computational modeling of windstorm impacts. (4) Windstorm impact reduction.--Activities to reduce windstorm impacts shall include-- (A) development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices for design and construction professionals, and State and local officials; (B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use in new construction and retrofit of existing construction; and (C) outreach and information dissemination related to cost-effective and affordable construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena to Federal, State, and local officials, the construction industry, and the general public. (e) Implementation Plan.--Not later than 1 year after date of enactment of this Act, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for achieving the objectives of the Program. The plan shall include-- (1) an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive review and analysis of windstorm mitigation activities supported by the Federal Government; (2) a description of plans for technology transfer and coordination with natural hazard mitigation activities supported by the Federal Government; (3) a statement of strategic goals and priorities for each Program component area; (4) a description of how the Program will achieve such goals, including detailed responsibilities for each agency; and (5) a description of plans for cooperation and coordination with interested public and private sector entities in each program component area. (f) Biennial Report.--The Interagency Working Group shall, on a biennial basis, and not later than 180 days after the end of the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. Each such report shall include any recommendations for legislative and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the Advisory Committee established under section 5. SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. (a) Establishment.--The Director shall establish a National Advisory Committee on Windstorm Impact Reduction, consisting of not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local governments; the insurance industry; and other representatives as designated by the Director. (b) Assessment.--The Advisory Committee shall assess-- (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the activities under section 4(d); (3) the need to revise the Program; and (4) the management, coordination, implementation, and activities of the Program. (c) Biennial Report.--At least once every two years, the Advisory Committee shall report to Congress and the Interagency Working Group on the assessment carried out under subsection (b). (d) Sunset Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. SAVINGS CLAUSE. Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; (2) $9,400,000 for fiscal year 2007; and (3) $9,400,000 for fiscal year 2008. (b) National Science Foundation.--There are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; (2) $9,400,000 for fiscal year 2007; and (3) $9,400,000 for fiscal year 2008. (c) National Institute of Standards and Technology.--There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $3,000,000 for fiscal year 2006; (2) $4,000,000 for fiscal year 2007; and (3) $4,000,000 for fiscal year 2008. (d) National Oceanic and Atmospheric Administration.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) $2,100,000 for fiscal year 2006; (2) $2,200,000 for fiscal year 2007; and (3) $2,200,000 for fiscal year 2008. SEC. 8. BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982, and biennially thereafter'' and inserting ``By January 30 of each odd- numbered year''. SEC. 9. COORDINATION. The Secretary of Commerce, the Director of the National Institute of Standards and Technology, the Director of the Office of Science and Technology Policy and the heads of other Federal departments and agencies carrying out activities under this Act and the statutes amended by this Act shall work together to ensure that research, technologies, and response techniques are shared among the programs authorized in this Act in order to coordinate the Nation's efforts to reduce vulnerability to the hazards described in this Act.

National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program to achieve major measurable reductions in losses of life and property from windstorms. Requires the Director of the Office of Science and Technology Policy (the Director) to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency, and other Federal agencies as appropriate. Outlines general agency responsibilities. Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to and avoid duplication of other hazard reduction efforts. Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program. Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out specified activities to improve windstorm impact assessment; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment. Declares that, the Secretary of Commerce, the NIST Director, the Director, and the heads of other Federal departments and agencies carrying out activities under this Act and the statutes amended by this Act shall work together to ensure that research, technologies, and response techniques are shared among the programs authorized in this Act in order to coordinate the Nation's efforts to reduce vulnerability to the hazards described in this Act.

SECTION 1. FINDINGS. Congress finds that-- (1) the United States exercises sovereignty over Puerto Rico pursuant to the Treaty of Paris proclaimed by President McKinley on April 11, 1899 (30 Stat. 1754), article IX of which established that residents of the territory not owing allegiance to another nation would have United States nationality and provided that the ``civil rights and political status of the native inhabitants'' of Puerto Rico ``shall be determined by the Congress''; (2) Congress carries out all Federal responsibilities with respect to Puerto Rico, including those set forth in article IX of the Treaty of Paris, pursuant to clause 2 of section 3 of article IV of the Constitution (commonly known as the ``territorial clause''), which provides that ``Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''; (3) in the Act of March 2, 1917 (39 Stat. 951, chapter 145), Congress carried out its responsibility under article IX of the Treaty of Paris by providing for civil administration of Puerto Rico and declared that, by virtue of that Act, the inhabitants of Puerto Rico shall be citizens of the United States, with such civil rights and political status as Congress determined to be consistent with birth or residence in an unincorporated territory rather than a State of the Union; (4) in the Act of July 3, 1950 (64 Stat. 319, chapter 446), Congress further implemented article IX of the Treaty of Paris by authorizing the residents of Puerto Rico to adopt a constitution, which was implemented in 1952 after acceptance by Puerto Rico of certain amendments made by Congress in approving the territorial constitution, thereby establishing the current commonwealth structure for local self-government in respect of internal affairs and local government administration, subject to the Constitution of the United States and other Federal law applicable to Puerto Rico; and (5) the United States, consistent with its constitutional process, is committed to respecting the principle of self- determination in implementing any Federal measures that would provide for or make possible a transition of government from the current territorial status of commonwealth to a permanent and fully self-governing political status for Puerto Rico. SEC. 2. REFERENDA. (a) Policy of the United States.-- (1) In general.--It is the policy of the United States that, as long as Puerto Rico remains subject to the plenary power of Congress under the territorial clause, the residents of Puerto Rico periodically should be afforded an opportunity freely to express their wishes regarding the future political status of Puerto Rico. (2) Options.--The self-determination process for Puerto Rico should enable the residents of Puerto Rico to express a preference to-- (A) preserve the current political status of Puerto Rico; or (B) choose to seek, in accordance with a process approved by Congress and the residents of Puerto Rico-- (i) admission as a State of the Union on the basis of full equality; or (ii) withdrawal of United States sovereignty and nationality in favor of separate sovereignty and nationality for Puerto Rico and a relationship with the United States consistent with independence or free association. (b) Requirements.--A referendum under this Act-- (1) shall be conducted among persons in Puerto Rico who have the nationality and citizenship of the United States and meet other applicable residency and voter eligibility requirements under Federal or territorial law; and (2) shall be conducted by the duly constituted authorities of the Commonwealth of Puerto Rico in accordance with applicable provisions of the elections law of Puerto Rico and other applicable Federal and territorial law, consistent with this Act. (c) Referendum by the End of 1998.--A referendum under this Act shall be conducted not later than December 31, 1998. (d) Format of Referendum Ballot.--A referendum ballot shall instruct a voter to approve 1 of 3 options presented in a side-by-side format on the ballot, as follows: ``Instructions: Mark 1 of the following status options for Puerto Rico. A ballot with more than 1 option marked will not be counted. ``Option A.--COMMONWEALTH.--If you agree, mark here: ____. ``Puerto Rico should continue its current status, in which-- ``(1) Puerto Rico continues the current commonwealth structure for self-government with respect to internal affairs and administration; ``(2) provisions of the Constitution and other laws of the United States apply to Puerto Rico as determined by Congress; ``(3) Puerto Rico remains a locally self-governing unincorporated territory of the United States; ``(4) continuation or modification of current Federal law and policy applicable to Puerto Rico remains within the discretion of Congress under the territorial clause of the Constitution of the United States; and ``(5) the ultimate status of Puerto Rico will be determined through a process authorized by Congress that includes self- determination by the people of Puerto Rico in periodic referenda. ``Option B.--SEPARATE SOVEREIGNTY.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through separate sovereignty leading to independence or free association, in which-- ``(1) Puerto Rico is a sovereign nation with full authority and responsibility for its internal affairs and has the capacity to exercise in its own name and right the powers of government with respect to its territory and population; ``(2) relations between the United States and Puerto Rico are maintained under a negotiated government-to-government treaty of friendship, or bilateral pact of free association terminable at will by either government, providing for cooperation and assistance in matters of shared interest as agreed on by Puerto Rico and the United States in accordance with their respective constitutional processes; ``(3) a constitution democratically instituted by the people of Puerto Rico, establishing a republican form of government and securing the rights of citizens of the Puerto Rican nation, is the supreme law, and the Constitution and other laws of the United States no longer apply in Puerto Rico; ``(4)(A) the people of Puerto Rico owe allegiance to the sovereign nation of Puerto Rico and have the nationality and citizenship of Puerto Rico; ``(B) United States sovereignty, nationality, and citizenship in Puerto Rico are ended; and ``(C) birth in Puerto Rico or relationship to a person with statutory United States citizenship by virtue of birth in Puerto Rico is not a basis for United States nationality or citizenship; ``(5) a person who acquired United States citizenship by virtue of birth in Puerto Rico at a time when Puerto Rico was a territory of the United States has a statutory right to retain that status for life, by entitlement or election as provided by Congress, based on allegiance to the United States, except that no person who has or maintains allegiance, nationality, or citizenship rights with respect to any sovereign nation other than the United States shall have that statutory right; and ``(6) diplomatic relations, trade relations, and government-to-government assistance shall be based on treaty, and property rights and acquired rights vested by employment under the laws of Puerto Rico or the United States shall be honored, adjusted, and settled in accordance with agreements implementing the separation of sovereignty. ``Option C.--STATEHOOD.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through United States sovereignty leading to statehood, in which-- ``(1) the people of Puerto Rico are fully self-governing with their rights secured under the Constitution of the United States, which is the supreme law and has the same force and effect as in the other States of the United States; ``(2) the sovereign State of Puerto Rico is in permanent union with the United States, and powers not delegated to the Federal Government or prohibited to the States by the Constitution of the United States are reserved to the people of Puerto Rico or the State government; ``(3) United States nationality and citizenship of a person born in Puerto Rico is guaranteed, protected, and secured in the same way as for all United States citizens born in the other States; ``(4) residents of Puerto Rico have equal rights, benefits, duties, and responsibilities of citizenship as residents of the other States; ``(5) Puerto Rico is represented by 2 members in the United States Senate and in the United States House of Representatives proportionately to the population; and ``(6) United States citizens in Puerto Rico are enfranchised to vote in elections for the President and Vice President of the United States.''. SEC. 3. IMPLEMENTATION. (a) Certification of Results of Referendum.--The Government of Puerto Rico shall certify to the President and Congress the results of a referendum under this Act. On certification of the results, subsection (b) or (c), as appropriate, shall apply. (b) Approval of Current Status or Rejection of Terms for Implementation of a New Status.--If a majority of the voters in a referendum under this Act approves continuation of the unincorporated status and commonwealth structure for local self-government, or on rejection of a transition plan or implementation of a new status in accordance with this Act, unless otherwise provided by Congress-- (1) the unincorporated status and commonwealth structure for local self-government shall continue; and (2) to ensure that the principle of self-determination is respected and that the residents of Puerto Rico are afforded the opportunity freely to express their wishes with respect to resolution of the status of Puerto Rico based on the options for permanent self-government described in section 2, a referendum on the future political status of Puerto Rico shall be held in accordance with this Act every 4 years thereafter, but not on or within 180 calendar days before or after the date of a general election. (c) Approval of Separate Sovereignty or Incorporation Leading to Statehood.-- (1) Transition plan.-- (A) Proposal.--If a majority of the voters in a referendum under this Act approve full self-government through separate sovereignty or incorporation leading to statehood, not later than 180 days after the date of the referendum, the President shall transmit to Congress a proposal for legislation to enact a transition plan. (B) Transition period.--Unless Congress provides a longer period, a transition plan shall provide for a transition period of not to exceed 10 years. (C) Contents.--A transition plan shall prescribe the terms and criteria the fulfillment of which will provide the basis for instituting full self-government for Puerto Rico consistent with separate sovereignty or incorporation leading to statehood, as the case may be. (2) Referendum on transition plan.-- (A) Initial approval.--Not later than 180 days after the date of enactment of an Act establishing a transition plan under paragraph (1), a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove the transition plan. (B) Approval of final implementation.--Before the expiration of the transition period set forth in the transition plan, a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove final implementation of the new status of Puerto Rico, as established in accordance with this Act. SEC. 4. AVAILABILITY OF FUNDS FOR THE REFERENDA. (a) In General.-- (1) Availability of amounts derived from tax on foreign rum.--During the period beginning on October 1, 1997, and ending on the date on which the President determines that all referenda required by this Act have been held, from the amounts covered into the treasury of Puerto Rico under section 7652(e)(1) of the Internal Revenue Code of 1986, the Secretary of the Treasury-- (A) upon request and in the amounts identified from time to time by the President, shall make the amounts so identified available to the treasury of Puerto Rico for the purposes specified in subsection (b); and (B) shall transfer all remaining amounts to the treasury of Puerto Rico in accordance with law in effect on the date of enactment of this Act. (2) Report of referenda expenditures.--Not later than 180 days after each referendum under this Act, and after the end of the period specified in paragraph (1), the President, in consultation with the government of Puerto Rico, shall submit a report to Congress on the amounts made available under paragraph (1)(A) and all other amounts expended by the State Elections Commission of Puerto Rico for referenda under this Act. (b) Grants for Conducting Referenda and Voter Education.-- (1) In general.--From amounts made available under subsection (a)(1), the Government of Puerto Rico shall make grants to the State Elections Commission of Puerto Rico for referenda under this Act, as follows: (A) 50 percent shall be available only for the costs of conducting the referenda. (B) 50 percent shall be available only for voter education funds for the central ruling body of the political party, parties, or other qualifying entities advocating a particular ballot choice. (2) Allocation among advocates.--The amount allocated for advocating ballot choices under this paragraph (1)(B) shall be apportioned equally among the parties advocating the respective ballot choices. (c) Additional Resources.--In addition to amounts made available under this Act, the legislature of Puerto Rico may allocate additional resources for administrative and voter education costs to each party so long as the distribution of funds is consistent with the apportionment requirements of subsection (b)(2).

Declares that it is U.S. policy that the residents of Puerto Rico should be afforded periodically the opportunity freely to express a preference for preserving its current political status or choosing to seek U.S. statehood or separate sovereignty (independence or free association). Requires a referendum on these questions to be held by December 31, 1998. Sets forth specified requirements with respect to the referendum and implementation of its results. Makes funds derived from excise taxes collected on rum imported into the United States and deposited into the treasury of Puerto Rico available for grants to the State Elections Commission of Puerto Rico for: (1) costs of conducting the referendum; and (2) voter education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TMA, Abstinence Education, and QI Programs Extension Act of 2007''. SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM THROUGH DECEMBER 31, 2007. Section 401 of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), as amended by section 1 of Public Law 110- 48, is amended-- (1) by striking ``September 30'' and inserting ``December 31''; (2) by striking ``for fiscal year 2006'' and inserting ``for fiscal year 2007''; (3) by striking ``the fourth quarter of fiscal year 2007'' and inserting ``the first quarter of fiscal year 2008''; and (4) by striking ``the fourth quarter of fiscal year 2006'' and inserting ``the first quarter of fiscal year 2007''. SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM THROUGH DECEMBER 2007. (a) Through December 2007.--Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``September 2007'' and inserting ``December 2007''. (b) Extending Total Amount Available for Allocation.--Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(H) for the period that begins on October 1, 2007, and ends on December 31, 2007, the total allocation amount is $100,000,000.''; and (2) in paragraph (3), in the matter preceding subparagraph (A), by striking ``or (F)'' and inserting ``(F), or (H)''. (c) Effective Date.--The amendments made by this section shall be effective as of September 30, 2007. SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION PROJECT TO THE MEDICAID PROGRAM. (a) In General.--Beginning on October 1, 2007, and ending on September 30, 2012, the Secretary of Health and Human Services shall provide for the application to asset eligibility determinations under the Medicaid program under title XIX of the Social Security Act of the automated, secure, web-based asset verification request and response process being applied for determining eligibility for benefits under the Supplemental Security Income (SSI) program under title XVI of such Act under a demonstration project conducted under the authority of section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)). (b) Limitation.--Such application shall only extend to those States in which such demonstration project is operating and only for the period in which such project is otherwise provided. (c) Rules of Application.--For purposes of carrying out subsection (a), notwithstanding any other provision of law, information obtained from a financial institution that is used for purposes of eligibility determinations under such demonstration project with respect to the Secretary of Health and Human Services under the SSI program may also be shared and used by States for purposes of eligibility determinations under the Medicaid program. In applying section 1631(e)(1)(B)(ii) of the Social Security Act under this subsection, references to the Commissioner of Social Security and benefits under title XVI of such Act shall be treated as including a reference to a State described in subsection (b) and medical assistance under title XIX of such Act provided by such a State. SEC. 5. 6-MONTH DELAY IN REQUIREMENT TO USE TAMPER-RESISTANT PRESCRIPTION PADS UNDER MEDICAID. Effective as if included in the enactment of section 7002(b) of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28, 121 Sta. 187), paragraph (2) of such section is amended by striking ``September 30, 2007'' and inserting ``March 31, 2008''. SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSISTANCE AND QUALITY INITIATIVE FUND. Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w- 4(l)(2)) is amended-- (1) in subparagraph (A), by adding at the end the following: ``In addition, there shall be available to the Fund for expenditures during 2009 an amount equal to $325,000,000 and for expenditures during or after 2013 an amount equal to $60,000,000.''; and (2) in subparagraph (B)-- (A) in the heading, by striking ``furnished during 2008''; (B) by striking ``specified in subparagraph (A)'' and inserting ``specified in the first sentence of subparagraph (A)''; and (C) by inserting after ``furnished during 2008'' the following: ``and for the obligation of the entire first amount specified in the second sentence of such subparagraph for payment with respect to physicians' services furnished during 2009 and of the entire second amount so specified for payment with respect to physicians' services furnished on or after January 1, 2013''. SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 AND 2009 OF A PROSPECTIVE DOCUMENTATION AND CODING ADJUSTMENT IN RESPONSE TO THE IMPLEMENTATION OF THE MEDICARE SEVERITY DIAGNOSIS RELATED GROUP (MS- DRG) SYSTEM UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT HOSPITAL SERVICES. (a) In General.--In implementing the final rule published on August 22, 2007, on pages 47130 through 48175 of volume 72 of the Federal Register, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall apply prospective documentation and coding adjustments (made in response to the implementation of a Medicare Severity Diagnosis Related Group (MS-DRG) system under the hospital inpatient prospective payment system under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) of-- (1) for discharges occurring during fiscal year 2008, 0.6 percent rather than the 1.2 percent specified in such final rule; and (2) for discharges occurring during fiscal year 2009, 0.9 percent rather than the 1.8 percent specified in such final rule. (b) Subsequent Adjustments.-- (1) In general.--Notwithstanding any other provision of law, if the Secretary determines that implementation of such Medicare Severity Diagnosis Related Group (MS-DRG) system resulted in changes in coding and classification that did not reflect real changes in case mix under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for discharges occurring during fiscal year 2008 or 2009 that are different than the prospective documentation and coding adjustments applied under subsection (a), the Secretary shall-- (A) make an appropriate adjustment under paragraph (3)(A)(vi) of such section 1886(d); and (B) make an additional adjustment to the standardized amounts under such section 1886(d) for discharges occurring only during fiscal years 2010, 2011, and 2012 to offset the estimated amount of the increase or decrease in aggregate payments (including interest as determined by the Secretary) determined, based upon a retrospective evaluation of claims data submitted under such Medicare Severity Diagnosis Related Group (MS-DRG) system, by the Secretary with respect to discharges occurring during fiscal years 2008 and 2009. (2) Requirement.--Any adjustment under paragraph (1)(B) shall reflect the difference between the amount the Secretary estimates that implementation of such Medicare Severity Diagnosis Related Group (MS-DRG) system resulted in changes in coding and classification that did not reflect real changes in case mix and the prospective documentation and coding adjustments applied under subsection (a). An adjustment made under paragraph (1)(B) for discharges occurring in a year shall not be included in the determination of standardized amounts for discharges occurring in a subsequent year. (3) Rule of construction.--Nothing in this section shall be construed as-- (A) requiring the Secretary to adjust the average standardized amounts under paragraph (3)(A)(vi) of such section 1886(d) other than as provided under this section; or (B) providing authority to apply the adjustment under paragraph (1)(B) other than for discharges occurring during fiscal years 2010, 2011, and 2012. (4) Judicial review.--There shall be no administrative or judicial review under section 1878 of the Social Security Act (42 U.S.C. 1395oo) or otherwise of any determination or adjustments made under this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TMA, Abstinence Education, and QI Programs Extension Act of 2007 - (Sec. 2) Amends the Tax Relief and Health Care Act of 2006, as amended, to extend transitional medical assistance (TMA) and the abstinence education program through December 31, 2007. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act (SSA) to extend through December 2007: (1) the qualifying individual (QI) program; and (2) a specified allocation of funds for state coverage of Medicare cost-sharing for additional low-income Medicare beneficiaries. (Sec. 4) Directs the Secretary of Health and Human Services, for FY2008-FY2012, to provide for the application to asset eligibility determinations under the Medicaid program of the automated, secure, web-based asset verification request and response process being applied for determining eligibility for Supplemental Security Income benefits under a specified demonstration project authorized by SSA title XVI (Supplemental Security Income) (SSI) Limits such application to those states in which such a demonstration project is operating and only for the period in which it is otherwise provided. (Sec. 5) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to delay for six months, from September 30, 2007, through March 31, 2008, the effective date of the requirement to use tamper-resistant prescription pads to prescribe covered outpatient drugs under the Medicaid program. (Sec. 6) Amends SSA title XVIII (Medicare) to provide additional funding for the Medicare Physician Assistance and Quality Initiative Fund for expenditures during FY2009 and during or after FY2013. (Sec. 7) Directs the Secretary of Health and Human Services, in implementing a specified rule, to apply certain prospective documentation and coding (PDC) adjustments (made in response to the implementation of the Medicare Severity Diagnosis Related Group (MS-DRG) system under the Medicare prospective payment system (PPS) for inpatient hospital services) for discharges occurring during FY2008 and FY2009. Reduces the percentage specified in such rule for discharges occurring: (1) during FY2008 from 1.2% to 0.6%; and (2) during FY2009 from 1.8% to 0.9%. Directs the Secretary to make further specified PDC adjustments, as well as additional adjustments in FY2010-FY2012, if the implementation of the MS-DRG system resulted in changes in coding and classification that did not reflect real changes in case mix for FY2008 or FY2009 discharges that are different than the PDC adjustments applied under this section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Watershed Fairness Act of 2012''. SEC. 2. CHESAPEAKE BAY WATERSHED PROGRAM. (a) In General.--Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) Chesapeake bay state; state.--The terms `Chesapeake Bay State' and `State' means any of-- ``(A) the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and ``(B) the District of Columbia. ``(2) Chesapeake bay watershed.--The term `Chesapeake Bay watershed' means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay in a Chesapeake Bay State. ``(3) Owner.--The term `owner' means an owner of nonindustrial private forest land. ``(4) Technical service provider.--The term `technical service provider' means a third-party provider who is eligible to be approved pursuant to section 1242(e).''; (2) by inserting ``and owners'' after ``producers'' each place it appears in subsections (b), (c), (d)(1)(A), (d)(2), and (e)(1); (3) in subsection (b), in the matter preceding paragraph (1), by inserting ``and nonindustrial private forest lands'' after ``agricultural lands''; (4) in subsection (c), in the matter preceding paragraph (1), by striking ``The Secretary'' and inserting ``Except as provided in subsection (d)(1)(B)(ii), the Secretary''; (5) in subsection (d)(1)-- (A) in subparagraph (B), by striking ``section to cover the costs of the program involved with each agreement.'' and inserting ``section--''; and (B) by adding at the end the following: ``(i) to cover the costs of the program involved with each agreement; or ``(ii) to provide technical assistance directly or through technical service providers.''; (6) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; (7) by inserting after subsection (d) the following: ``(e) Technical Assistance.-- ``(1) Technical assistance to chesapeake bay states.-- ``(A) State water quality goals.--The Secretary may provide technical assistance to a Chesapeake Bay State to assist in developing the water quality goals of the State to result in reductions in losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed to improve water quality in the Chesapeake Bay watershed. ``(B) Targeted assistance to chesapeake bay states.-- ``(i) In general.--The Secretary may enter into an agreement with a Chesapeake Bay State (including any political subdivision or agency of the Chesapeake Bay State) to provide financial and technical assistance to the Chesapeake Bay State. ``(ii) Purpose of assistance.--Assistance provided by the Secretary under this subparagraph shall be used by the Chesapeake Bay State to provide, through a technical service provider, the technical assistance needed by an agricultural producer or owner in the Chesapeake Bay watershed to promote water quality goals of the Chesapeake Bay State. ``(2) Technical assistance to agricultural producers and owners of certain nonindustrial private forest land.-- ``(A) In general.--The Secretary may provide technical assistance to producers and owners in the Chesapeake Bay watershed directly or through-- ``(i) a technical service provider; ``(ii) an agricultural or silvicultural producer association; ``(iii) a State or unit of local government; ``(iv) an Indian tribe; ``(v) a farmer cooperative; ``(vi) an institution of higher education; or ``(vii) an organization with an established history of working with producers on agricultural land, as determined by the Secretary, to address-- ``(I) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or ``(II) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. ``(B) Purpose of assistance.--Technical assistance may be provided under this paragraph for-- ``(i) conservation services to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed, including-- ``(I) education regarding activities such producers and owners can undertake to reduce such losses; or ``(II) conservation planning, implementation, and maintenance to reduce such losses; ``(ii) identifying best management practices and assessing practices required to achieve compliance with State and Federal water quality laws, including through-- ``(I) outreach to, and education of, producers and owners regarding available assistance; or ``(II) adoption and use of tools and technology capable of assessing practices that may be used to achieve compliance with State and Federal water quality laws; or ``(iii) other purposes as the Secretary may determine appropriate.''; and (8) in paragraph (2) of subsection (f) (as redesignated by paragraph (6)), by inserting ``or owner'' after ``producer''. (b) Funding.--Subsection (i) of section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) (as redesignated by subsection (a)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) $50,000,000 for each of fiscal years 2013 through 2018.''.

Chesapeake Bay Watershed Fairness Act of 2012 - Amends the Food Security Act of 1985 to authorize the Secretary of Agriculture (USDA) to provide technical assistance to a Chesapeake Bay state (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia) to assist in developing water quality goals that reduce losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed. Authorizes the Secretary to provide financial and technical assistance to such a state to assist agricultural producers or owners to promote state water quality goals. Authorizes the Secretary to provide technical assistance to producers and owners in such watershed, either directly or through a technical service provider, an agricultural or silvicultural producer association, a state or local government, an Indian tribe, a farmer cooperative, an institution of higher education, or an organization with an established history of working with producers on agricultural land, to address: (1) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or (2) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. Authorizes such technical assistance to be provided for: (1) conservation services to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in such watershed; or (2) identifying best management practices and assessing practices required to achieve compliance with state and federal water quality laws. Authorizes funding for each of FY2013-FY2018 for such activities in such watershed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Access to Justice Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) property rights have been abrogated by the application of laws, regulations, and other actions by all levels of government that adversely affect the value and the ability to make reasonable use of private property; (2) certain provisions of sections 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act), that delineate the jurisdiction of courts hearing property rights claims, frustrate the ability of a property owner to obtain full relief for violation founded upon the fifth and fourteenth amendments of the United States Constitution; (3) current law-- (A) has no sound basis for splitting jurisdiction between two courts in cases where constitutionally protected property rights are at stake; (B) adds to the complexity and cost of takings and litigation, adversely affecting taxpayers and property owners; (C) forces a property owner, who seeks just compensation from the Federal Government, to elect between equitable relief in the district court and monetary relief (the value of the property taken) in the United States Court of Federal Claims; (D) is used to urge dismissal in the district court in complaints against the Federal Government, on the ground that the plaintiff should seek just compensation in the Court of Federal Claims; (E) is used to urge dismissal in the Court of Federal Claims in complaints against the Federal Government, on the ground that the plaintiff should seek equitable relief in district court; and (F) forces a property owner to first pay to litigate an action in a State court, before a Federal judge can decide whether local government has denied property rights safeguarded by the United States Constitution; (4) property owners cannot fully vindicate property rights in one lawsuit and their claims may be time barred in a subsequent action; (5) property owners should be able to fully recover for a taking of their private property in one court; (6) certain provisions of section 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act) should be amended, giving both the district courts of the United States and the Court of Federal Claims jurisdiction to hear all claims relating to property rights in complaints against the Federal Government; (7) section 1500 of title 28, United States Code, which denies the Court of Federal Claims jurisdiction to entertain a suit which is pending in another court and made by the same plaintiff, should be repealed; (8) Federal and local authorities, through complex, costly, repetitive and unconstitutional permitting, variance, and licensing procedures, have denied property owners their fifth and fourteenth amendment rights under the United States Constitution to the use, enjoyment, and disposition of, and exclusion of others from, their property, and to safeguard those rights, there is a need to determine what constitutes a final decision of an agency in order to allow claimants the ability to protect their property rights in a court of law; (9) a Federal judge should decide the merits of cases where a property owner seeks redress solely for infringements of rights safeguarded by the United States Constitution, and where no claim of a violation of State law is alleged; and (10) certain provisions of sections 1343, 1346, and 1491 of title 28, United States Code, should be amended to clarify when a claim for redress of constitutionally protected property rights is sufficiently ripe so a Federal judge may decide the merits of the allegations. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) establish a clear, uniform, and efficient judicial process whereby aggrieved property owners can obtain vindication of property rights guaranteed by the fifth and fourteenth amendments to the United States Constitution and this Act; (2) amend the Tucker Act, including the repeal of section 1500 of title 28, United States Code; (3) rectify the unduly onerous and expensive requirement that a property owner, seeking redress under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) for the infringement of property rights protected by the fifth and fourteenth amendments of the United States Constitution, is required to first litigate Federal constitutional issues in a State court before obtaining access to the Federal courts; and (4) provide for uniformity in the application of the ripeness doctrine in cases where constitutionally protected property rights are allegedly infringed, by providing that a final agency decision may be adjudicated by a Federal court on the merits after-- (A) the pertinent government body denies a meaningful application to develop the land in question; and (B) the property owner seeks a waiver by or brings an appeal to an administrative agency from such denial. SEC. 4. DEFINITIONS. In this Act, the term-- (1) ``agency action'' means any action, inaction, or decision taken by a Federal agency or other government agency that at the time of such action, inaction, or decision adversely affects private property rights; (2) ``district court''-- (A) means a district court of the United States with appropriate jurisdiction; and (B) includes the United States District Court of Guam, the United States District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands; (3) ``Federal agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (4) ``owner'' means the owner or possessor of property or rights in property at the time the taking occurs, including when-- (A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or (B) the permit, license, authorization, or governmental permission is denied or suspended; (5) ``private property'' or ``property'' means all interests constituting property, as defined by Federal or State law, protected under the fifth and fourteenth amendments to the United States Constitution; and (6) ``taking of private property'', ``taking'', or ``take'' means any action whereby restricting the ownership, alienability, possession, or use of private property is an object of that action and is taken so as to require compensation under the fifth amendment to the United States Constitution, including by physical invasion, regulation, exaction, condition, or other means. SEC. 5. PRIVATE PROPERTY ACTIONS. (a) In General.--An owner may file a civil action under this section to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims. (b) Concurrent Jurisdiction.--Notwithstanding any other provision of law and notwithstanding the issues involved, the relief sought, or the amount in controversy, the district court and the United States Court of Federal Claims shall each have concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. (c) Election.--The plaintiff may elect to file an action under this section in a district court or the United States Court of Federal Claims. (d) Waiver of Sovereign Immunity.--This section constitutes express waiver of the sovereign immunity of the United States with respect to an action filed under this section. SEC. 6. STANDING AND EXHAUSTION OF REMEDIES. (a) In General.--Subject to subsection (b), any person adversely affected by a Federal agency action shall have standing to challenge and seek judicial review of that action without first exhausting administrative remedies. (b) Adjudication.-- (1) In general.--Any civil action filed under section 5 shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. (2) Final decision.-- (A) In general.--For purposes of this subsection, a final decision exists if-- (i) the United States, acting under Federal statute or regulation, makes a definitive decision regarding the extent of permissible land uses on the property that has allegedly been infringed or taken, without regard to any uses that may be permitted elsewhere; and (ii)(I) one meaningful application to use the property has been submitted for a final decision but is denied; and (II) if the pertinent Federal statute or regulation provides for a right of appeal to or waiver by the pertinent Federal agency from the final decision regarding such property, the party seeking redress has brought 1 appeal or sought 1 waiver from such a final decision. (B) Appeal or waiver.--For purposes of subparagraph (A)(ii), the party seeking redress shall not be required to apply for such an appeal or waiver if-- (i) no such process is available; (ii) it cannot provide the relief requested; or (iii) the prospects for success are reasonably unlikely and intervention by the district court or the United States Court of Federal Claims under this section is warranted to decide the merits. SEC. 7. APPEALS. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of any action filed under section 5, regardless of whether the jurisdiction of such action is based in whole or part under such section. SEC. 8. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS AND UNITED STATES DISTRICT COURTS. (a) United States Court of Federal Claims.-- (1) Jurisdiction.--Section 1491(a) of title 28, United States Code, is amended-- (A) in paragraph (1) by amending the first sentence to read as follows: ``The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department or upon any express or implied contract with the United States, in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department under section 5 of the Citizens Access to Justice Act of 1997.''; (B) in paragraph (2) by inserting before the first sentence the following: ``In any case within its jurisdiction, the Court of Federal Claims shall have the power to grant injunctive and declaratory relief when appropriate.''; and (C) by adding at the end the following new paragraphs: ``(3) In cases otherwise within its jurisdiction, the Court of Federal Claims shall also have supplemental jurisdiction, concurrent with the courts designated under section 1346(b), to render judgment upon any related tort claim authorized under section 2674. ``(4) In proceedings within the jurisdiction of the Court of Federal Claims which constitute judicial review of agency action (rather than de novo proceedings), the provisions of section 706 of title 5 shall apply.''. (2) Pendency of claims in other courts.-- (A) In general.--Section 1500 of title 28, United States Code is repealed. (B) Technical and conforming amendment.--The table of sections for chapter 91 of title 28, United States Code, is amended by striking out the item relating to section 1500. (b) District Court Jurisdiction.--Section 1346(a) of title 28, United States Code, is amended by adding after paragraph (2) the following: ``(3) Any civil action filed under section 5 of the Citizens Access to Justice Act of 1997.''. (c) District Court Civil Rights Jurisdiction; Abstention.--Section 1343 of title 28, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (e); and (2) by inserting after subsection (a) the following new subsections: ``(b)(1) Any claim or action brought under section 1979 of the Revised Statutes (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(ii)(I) one meaningful application to use the property has been submitted but is denied; and ``(II) if the applicable statute, ordinance, regulation, custom, or usage provides for a right of appeal to or waiver by an administrative agency from the final decision regarding the property, the party seeking redress has brought 1 appeal or sought 1 waiver from such a final decision. ``(B) For purposes of subparagraph (A)(ii), the party seeking redress shall not be required to apply for such an appeal or waiver if-- ``(i) no such process is available; ``(ii) it cannot provide the relief requested; or ``(iii) the prospects of success are reasonably unlikely and intervention by the United States District Court is warranted to decide the merits. ``(C) For purposes of this subsection, a `final decision' for a ripe claim under section 1979 of the Revised Statutes (42 U.S.C. 1983) shall not require the party seeking redress to exhaust judicial remedies provided by any State or Territory. ``(c) Whenever a district court exercises jurisdiction under subsection (a), in an action where the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged, and where a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. ``(d) Where the district court has jurisdiction over an action under subsection (a), where the operative facts concern the uses of real property, that cannot be decided without resolution of a significant but unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) will significantly affect the merits of the injured party's Federal claim; and ``(2) is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case.''. SEC. 9. STATUTE OF LIMITATIONS. The statute of limitations for any action filed under section 5 shall be 6 years from the date of the taking of private property. SEC. 10. ATTORNEY'S FEES AND COSTS. The court, in issuing any final order in any action filed under section 5, shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing plaintiff. SEC. 11. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to interfere with the authority of any State to create additional property rights. SEC. 12. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act and shall apply to any agency action that occurs on or after such date.

Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court). (Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action. (Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act. (Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act. Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction. Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act. Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law. (Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property. (Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canceling Loans to Allow School Systems to Attract Classroom Teachers Act''. SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STUDENT LOAN FORGIVENESS. (a) FFEL Loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following new paragraph: ``(3) Additional amounts; priority.-- ``(A) Larger amounts from appropriated funds.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subparagraph (C), repay under this section is a total amount equal to not more than $17,500. ``(B) Award basis; priority.--The Secretary shall make payments under this paragraph to elementary or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(i)(I) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(II) as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, are teaching children with disabilities that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; ``(ii) are employed as teachers in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years; or ``(iii) are employed as teachers of mathematics or science. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as may be necessary for fiscal year 2003 and for each of the 4 succeeding fiscal years.''. (b) Direct Loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following new paragraph: ``(3) Additional amounts; priority.-- ``(A) Larger amounts from appropriated funds.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subparagraph (C), repay under this section is a total amount equal to not more than $17,500. ``(B) Award basis; priority.--The Secretary shall make payments under this paragraph to elementary or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(i)(I) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(II) as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, are teaching children with disabilities that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; ``(ii) are employed as teachers in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years; or ``(iii) are employed as teachers of mathematics or science. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as may be necessary for fiscal year 2003 and for each of the 4 succeeding fiscal years.''. SEC. 3. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- ``(A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or ``(B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001. SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS. The Secretary shall-- (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of Title VI of the Elementary and Secondary Education of 1965 of the benefits available under the amendments made by section 2 of this Act to the teachers in the rural schools of such agencies; and (2) encourage such agencies to notify their teachers of such benefits. Passed the House of Representatives October 1, 2002. Attest: JEFF TRANDAHL, Clerk.

Canceling Loans to Allow School Systems to Attract Classroom Teachers Act - (Sec. 2) Amends the Higher Education Act of 1965 (HEA) to provide for additional amounts of student loan forgiveness for certain elementary and secondary school teachers. Directs the Secretary of Education, in making such additional repayments, to give priority to teachers of: (1) special education for children with disabilities, if they are certified as having knowledge and skills in their content areas and are employed by local educational agencies that have failed to make progress toward meeting certain objectives; or (2) mathematics or science.(Sec. 3) Directs the Secretary of Education to discharge or cancel the Federal student loan indebtedness, under HEA, of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.(Sec. 4) Requires the Secretary to notify local educational agencies eligible for the Small Rural Achievement Program, under the Elementary and Secondary Education of 1965, of this Act's making available additional amounts of student loan forgiveness to teachers in their rural schools, and to encourage such agencies to notify their teachers of such benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Fuel Cell Commercialization Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) fossil fuels, the main energy source of the present, have provided this country with tremendous supply but are limited; (2) additional research, development, and demonstration are needed to encourage private sector investment in development of new and better energy sources and enabling technologies; (3) hydrogen holds tremendous promise as a fuel because it can be extracted from water and solid waste, can be burned much more cleanly than conventional fuels, and is a source of energy for fuel cells; (4) inefficiencies in the production of hydrogen are a major technical barrier to society's collectively benefiting from one of the great energy carriers of the future; (5) an aggressive, results-oriented, multiyear research, demonstration-commercialization initiative on efficient hydrogen fuel production and use should be fostered and maintained; (6) the current Federal effort to develop hydrogen as a fuel is inadequate; and (7) there is ready to proceed a demonstration- commercialization project that-- (A) produces hydrogen from solid and complex waste for use in fuel cells and uses a 300-kilowatt photovoltaic facility in existence on the date of enactment of this Act and a cryoaquatic reservoir as central parts of a total energy integrated system, with regeneration on-site; and (B) will be environmentally beneficial and have the useful by-products of electric power, heat, fuel for fuel cells, and pure water. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to direct the Secretary of Energy to conduct a research, development, and demonstration-commercialization program leading to the production, storage, transport, and use of hydrogen for industrial, institutional, residential, transportation, and utility applications; (2) to provide advice from academia and the private sector in the implementation of the Department of Energy's hydrogen research, development, and demonstration-commercialization program to ensure that economic benefits of the program accrue to the United States; and (3) to provide for the immediate implementation of the demonstration-commercialization project. SEC. 4. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Demonstration-commercializaton project.--The term ``demonstration-commercialization project'' means a project that-- (A) produces hydrogen from solid and complex waste for use in fuel cells and uses a 300-kilowatt photovoltaic facility in existence on the date of enactment of this Act and a cryoaquatic reservoir as central parts of a total energy integrated system, with regeneration on-site; and (B) will be environmentally beneficial and have the useful by-products of electric power, heat, fuel for fuel cells, and pure water. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. RESEARCH AND DEVELOPMENT. (a) Authorized Activities.-- (1) In general.--Pursuant to this section, the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.), and section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436), and in accordance with the purposes of this Act, the Secretary shall conduct a hydrogen energy research, development, and demonstration- commercialization program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the feasibility of using hydrogen for industrial, institutional, residential, transportation, and utility applications. (2) Priorities.--In establishing priorities for Federal funding under this section, the Secretary shall survey private sector hydrogen activities and take steps to ensure that activities under this section do not displace or compete with privately funded hydrogen activities of the United States industry. (b) Schedule.-- (1) Solicitation.--Not later than 180 days after the date of enactment of an Act providing appropriations for programs authorized by this Act, the Secretary shall solicit proposals from all interested parties for research and development activities authorized under this section. (2) Department facility.--The Secretary may consider, on a competitive basis, a proposal from a contractor that manages and operates a department facility under contract with the Department, and the contractor may perform the work at that facility or any other facility. (3) Award.--Not later than 180 days after proposals are submitted, if the Secretary identifies 1 or more proposals that are worthy of Federal assistance, the Secretary shall award financial assistance under this section competitively, using peer review, when appropriate, of proposals with appropriate protection of proprietary information. (c) Cost Sharing.-- (1) Research.-- (A) In general.--Except as provided in subparagraph (B), in the case of a research proposal, the Secretary shall require a commitment from non-Federal sources of at least 25 percent of the cost of the research. (B) Basic or fundamental nature.--The Secretary may reduce or eliminate the non-Federal requirement under subparagraph (A) if the Secretary determines that the research is purely basic or fundamental. (2) Development and demonstration.-- (A) In general.--In the case of a development or demonstration proposal, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of development or demonstration. (B) Technological risks.--The Secretary may reduce the non-Federal requirement under subparagraph (A) if the Secretary determines that-- (i) the reduction is necessary and appropriate considering the technological risks involved in the project; and (ii) the reduction is necessary to serve the purpose and goals of the Act. (3) Nature of non-federal commitment.--In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Secretary shall include cash and fair market value of personnel, services, equipment, facilities associated with the project that are integral to the demonstration- commercialization, and other resources. (d) Consultation.--Before financial assistance is provided under this section or the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.)-- (1) the Secretary shall determine, in consultation with the United States Trade Representative and the Secretary of Commerce, that the terms and conditions under which financial assistance is provided are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)); and (2) an industry participant shall be required to certify that-- (A) the participant has made reasonable efforts to obtain non-Federal funding for the entire cost of the project; and (B) full non-Federal funding could not be reasonably obtained. (e) Duplication of Programs.--The Secretary shall not carry out any activity under this section that unnecessarily duplicates an activity carried out by another government agency or the private sector. SEC. 6. DEMONSTRATION-COMMERCIALIZATION PROJECT. (a) In General.--The Secretary shall assist in the development and operation of a demonstration-commercialization project. (b) Cost Sharing.-- (1) Federal share.--The Federal share of the development and operation of the demonstration-commercialization project shall not exceed 50 percent. (2) Nature of non-federal share.--In calculating the amount of the non-Federal share committed to the project, the Secretary shall include cash and fair market value of, personnel, services, equipment, existing facilities, development costs, and other resources associated with the demonstration-commercialization project. SEC. 7. TECHNOLOGY TRANSFER. (a) Exchange.--The Secretary shall foster the exchange of generic, nonproprietary information and technology developed pursuant to section 5 among industry, academia, and government agencies and establish a central depository for technical information and technology transfer. (b) Economic Benefits.--The Secretary shall ensure that economic benefits of the exchange of information and technology will accrue to the United States economy. SEC. 8. REPORTS TO CONGRESS. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the Department's hydrogen research and development program. (b) Contents.--A report under subsection (a) shall include-- (1) an analysis of the effectiveness of the program, to be prepared and submitted by the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407); and (2) recommendations of the panel for any improvements in the program that are needed, including recommendations for additional legislation. SEC. 9. COORDINATION AND CONSULTATION. (a) Coordination With Other Federal Agencies.--The Secretary shall-- (1) coordinate all hydrogen research and development activities in the Department with the activities of other Federal agencies, including the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration, that are engaged in similar research and development; and (2) pursue opportunities for cooperation with those Federal entities. (b) Consultation.--The Secretary shall consult with the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407) as necessary in carrying out this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) for research, development, and demonstration projects-- (A) $25,000,000 for fiscal year 1997; (B) $35,000,000 for fiscal year 1998; and (C) $40,000,000 for fiscal year 1999; and (2) for the demonstration-commercialization project-- (A) $25,000,000 for fiscal year 1997; and (B) $25,000,000 for fiscal year 1998.

Hydrogen Fuel Cell Commercialization Act of 1995 - Instructs the Secretary of Energy to conduct a hydrogen energy research, development, and demonstration-commercialization program relating to production, storage, transportation and use of hydrogen, in order to demonstrate its feasibility for industrial, institutional, residential, transportation, and utility applications. Requires the Secretary to survey private sector hydrogen activities and take steps to ensure that Federal activities do not displace or compete with privately funded hydrogen activities of U.S. industry. Sets forth a proposal solicitation schedule. Directs the Secretary to require a specified cost-sharing commitment from non-Federal sources. Allows the Secretary to reduce the non-Federal requirement if: (1) necessary and appropriate considering the technological risks involved in the project; and (2) such reduction is necessary to serve the purposes of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (the Act). Sets as a prerequisite to Federal financial assistance certification by: (1) the Secretary that such assistance is consistent with a specified Agreement on Subsidies and Countervailing Measures approved in the Uruguay Round Agreements Act; and (2) industry participants that they have made reasonable efforts to obtain non-Federal funding for the entire cost of the project, and that such non-Federal funding could not be reasonably obtained. Prohibits the Secretary from implementing activities that unnecessarily duplicate activities implemented elsewhere by either the Federal or private sectors. Directs the Secretary to assist in the development and operation of a demonstration-commercialization project. Directs the Secretary to: (1) foster technology transfer activities between the Federal, industrial, and academic sectors; (2) report annually to the Congress; (3) coordinate with other Federal agencies involved in similar hydrogen research activities; and (4) consult with the Hydrogen Technical Advisory Panel established under the Act. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Adult Education and Literacy Act of 2014''. SEC. 2. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) is amended-- (1) in section 203-- (A) in paragraph (5)(D), by inserting ``, including a Tribal College or University'' after ``education''; (B) in paragraph (15)(B), by striking ``tribally controlled community college'' and inserting ``Tribal College or University''; (C) by redesignating paragraph (18) as paragraph (19); and (D) by inserting after paragraph (17) the following: ``(18) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''; (2) in section 211(a)-- (A) in paragraph (2), by striking ``and'' after the semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) shall reserve 2.3 percent to carry out section 244; and''; and (3) by inserting after section 243 the following: ``SEC. 244. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. ``(a) Grants and Purpose.--From the amount reserved under section 211(a)(3) for a fiscal year, the Secretary shall award grants to Tribal Colleges or Universities and Native Hawaiian educational organizations-- ``(1) to enable the Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education; and ``(2) to provide technical assistance to such colleges, universities, and organizations for program administration. ``(b) Application.--To be eligible to receive a grant under this section, a Tribal College or University or a Native Hawaiian educational organization shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The Secretary shall, to the extent practicable, prescribe a simplified and streamlined format for such applications that takes into account the limited number of colleges, universities, and organizations that are eligible for assistance under this section. ``(c) Grants and Contracts.--Funding shall be awarded under this section to Tribal Colleges or Universities or Native Hawaiian educational organizations on a competitive basis through grants, contracts, or cooperative agreements of not less than 3 years in duration. ``(d) Consideration and Inclusion.--In making awards under this section, the Secretary may take into account the considerations set forth in section 231(e). In no case shall the Secretary make an award to a Tribal College or University or Native Hawaiian educational organization that does not include in its application a description of a multiyear strategy, including performance measures, for increasing the number of adult American Indian, Native Hawaiian, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. ``(e) Eligible Activities.--Activities that may be carried out under a grant awarded under this section shall include-- ``(1) adult education and literacy services, including workplace literacy services; ``(2) family literacy services; ``(3) English literacy programs, including limited English proficiency programs; ``(4) opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma, or its recognized equivalent; and ``(5) demonstration and research projects and professional development activities designed to develop and identify the most successful methods and techniques for addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults. ``(f) Definition of Native Hawaiian Educational Organization.--The term `Native Hawaiian educational organization' means a private nonprofit organization that-- ``(1) serves the adult education and literacy needs and interests of Native Hawaiians; ``(2) has Native Hawaiians in substantive and policymaking positions within the organization; ``(3) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; ``(4) has demonstrated expertise in the education or training of Native Hawaiian children, youth, or adults; and ``(5) has demonstrated expertise in research and program development.''.

Native Adult Education and Literacy Act of 2014 - Amends the Adult Education and Family Literacy Act to include Tribal Colleges or Universities as eligible providers of services under that Act. Directs the Secretary of Education to award competitive grants to Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education. Requires grantees to have a multiyear strategy, including performance measures, for increasing the number of adult American Indians, Native Hawaiians, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. Includes among the activities that may be funded by a grant: adult education and literacy services, including workplace literacy services; family literacy services; English literacy programs, including limited English proficiency programs; opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma or its recognized equivalent; and demonstration and research projects and professional development activities designed to develop and identify the most successful means of addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Sentencing Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is the responsibility of the Federal Government to provide States with assistance in reducing violent crime; (2) the responsibility for protecting citizens against most violent crime and for punishing most violent criminal offenders is primarily a matter of State and local governance; (3) the incidence of violent crime nationwide has risen dramatically and constitutes a national priority of the highest order; and (4) the United States Sentencing Guidelines have proven to be an effective means of achieving, at the Federal level, a more uniform, proportionate, predictable and appropriately punitive criminal sentencing system by incorporating Truth in Sentencing provisions which restrict release of a convicted criminal until at least 85 percent of the sentence which has been imposed by a judge or jury has been served. SEC. 3. DEFINITION. Crime of Violence.-- (1) an offense that is a felony and has an element the use, attempted use, or threatened use of physical force against the person or property of another, or (2) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Such crimes shall include, but not be limited to, murder, arson, burglary, assault, rape, kidnapping, extortion, and robbery. SEC. 4. GRANTS FOR TRUTH IN SENTENCING. (a) Grant Authorization.--The Director of the Bureau of Justice Assistance is authorized to provide grants to States to build and/or operate space in correctional facilities in order to implement Truth in Sentencing requirements. (b) Eligibility.--In order to be eligible for funding under this Act, a State must have enacted and implemented Truth in Sentencing requirements which include-- (1) a provision in its criminal code which restricts parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) a provision which requires the sentencing authority to allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing; (3) a provision which requires that a ``life sentence'' means life without possibility of parole; and (4) a provision which provides that the victim and victim's family shall be notified whenever that defendant is to be released. (c) Exception.--The sentencing requirements under paragraphs (b)(1) and (b)(4) of subsection (b) shall apply except that the State may provide that the Governor of the State may allow for the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims shall have an opportunity to be heard regarding a proposed release. (d) A State shall also be eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this section within three years of the enactment of such state legislation. SEC. 5. FEDERAL FUNDS. (a) Distribution of Funds.--Of the total amount of funds appropriated under this Act in any fiscal year, there shall be allocated to each participating State an amount which bears the same ratio to the amount of funds appropriated pursuant to this Act as the number of prisoners convicted of violent crimes serving sentences during the previous fiscal year in that State bears to the number of prisoners convicted of violent crimes serving sentences during the previous fiscal year in all the participating States. (Such numbers of prisoners to be determined by the Bureau of Justice Statistics.) (b) Authorization of Appropriations.--In order to build and/or operate the spaces in correctional facilities necessary to implement the required Truth in Sentencing provisions, there is authorized to be appropriated-- (1) $500 million in fiscal year 1994; (2) $1 billion in fiscal year 1995; (3) $2 billion in fiscal year 1996; (4) $3 billion in fiscal year 1997; and (5) $4 billion in fiscal year 1998. (c) Limitations on Funds.-- (1) Nonsupplanting requirement.--Funds made available under this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources. (2) Administrative costs.--No more than 5 percent of the funds available under this section may be used for administrative costs. (3) Matching funds.--The portion of the costs of a program provided by a grant under this section may not exceed 75 percent of the total cost of the program as described in the application. (4) Duration of grants.--In general.--A grant under this section may be renewed for up to 3 years beyond the initial year of funding if the applicant demonstrates satisfactory progress toward achievement of the objectives set out in an approved application. (d) Source of Federal Funds.--Appropriations pursuant to this Act shall be paid with funds saved as a result of reducing Federal full- time equivalent positions pursuant to Section 6. SEC. 6. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS (a) Definition.--For purposes of this section, the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, but does not include the General Accounting Office. (b) Limitations on Full-time Equivalent Positions.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed (1) 2,095,182 during fiscal year 1994; (2) 2,044,100 during fiscal year 1995; (3) 2,003,845 during fiscal year 1996; (4) 1,963,593 during fiscal year 1997; (5) 1,923,339 during fiscal year 1998; and (6) 1,883,086 during fiscal year 1999. (c) Monitoring and Notification.--The Office of Management and Budget, after consultation with the Office of Personnel Management, shall-- (1) continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met, and (2) notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met. (d) Compliance.--If at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b). (e) Waiver.--Any provision of this section may be waived upon-- (1) a determination by the President of the existence of war or a national security requirement; or (2) the enactment of a joint resolution upon an affirmative vote of three-fifths of the Members of each House of the Congress duly chosen and sworn.

Truth in Sentencing Act of 1993 - Authorizes the Director of the Bureau of Justice Assistance to provide grants to States to build and operate space in correctional facilities in order to implement specified "truth in sentencing" requirements. Requires a State, to be eligible for funding under this Act, to have enacted and implemented such requirements, including provisions which: (1) restrict parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) require the sentencing authority to allow the defendant's victim or the victim's family the opportunity to be heard regarding the issue of sentencing; (3) require that a "life sentence" means life without possibility of parole; and (4) provide that the victim and the victim's family shall be notified whenever that defendant is to be released. Makes exceptions that: (1) allow the State to provide that the Governor may permit the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard regarding the proposed release; and (2) make a State eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this Act within three years of the enactment of such State legislation. Sets forth provisions regarding: (1) the distribution of funds; and (2) limitations on funds. Authorizes appropriations. Directs that such appropriations be paid with funds saved as a result of reducing specified full-time equivalent positions in Federal agencies. Sets forth requirements regarding: (1) monitoring and notification of the President and the Congress as to whether such reductions are taking place (and, if they are not being met in a given agency, prohibits hiring for any position in such agency until the Office of Management and Budget notifies the President that the agency is in compliance); and (2) waivers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Child Nutrition Initiatives Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS Sec. 101. Incentives for healthier schools. Sec. 102. Grants to support farm-to-cafeteria projects. TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS Sec. 201. State administrative expenses. Sec. 202. Special supplemental program for women, infants and children. Sec. 203. Nutrition education and training. TITLE III--EFFECTIVE DATE Sec. 301. Effective date. TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS SEC. 101. INCENTIVES FOR HEALTHIER SCHOOLS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: ``(q) Incentives for Healthier Schools.-- ``(1) In general.--To encourage healthier nutritional environments in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the Secretary shall establish a program under which any such school or institution may (in accordance with paragraph (3)) receive an increase in the reimbursement rate for meals otherwise payable under this Act and the Child Nutrition Act of 1966, if the school or institution implements a plan for improving the nutritional value of meals consumed in the school or institution by increasing the consumption of fluid milk, fruits, and vegetables, as approved by the Secretary in accordance with criteria established by the Secretary. ``(2) Plans.-- ``(A) In general.--For purposes of the program established under paragraph (1), the Secretary shall establish criteria for the approval of plans of schools and institutions for increasing consumption of fluid milk, fruits, and vegetables. ``(B) Criteria.--An approved plan may-- ``(i) establish targeted goals for increasing fluid milk, fruit, and vegetable consumption throughout the school or institution or at school or institution activities; ``(ii) improve the accessibility, presentation, positioning, or promotion of fluid milk, fruits, and vegetables throughout the school or institution or at school or institution activities; ``(iii) improve the ability of a school or institution to tailor its food services to the customs and demographic characteristics of-- ``(I) the population of the school or institution; and ``(II) the area where the school or institution is located; and ``(iv) provide-- ``(I) increased standard serving sizes for fluid milk consumed in middle and high schools; and ``(II) packaging, flavor variety, merchandising, refrigeration, and handling requirements that promote the consumption of fluid milk, fruits, and vegetables. ``(C) Administration.--In establishing criteria for approval of plans under this subsection, the Secretary shall-- ``(i) take into account relevant research; and ``(ii) consult with school food service professionals, nutrition professionals, food processors, agricultural producers, and other groups, as appropriate. ``(3) Reimbursement rates.-- ``(A) In general.--For purposes of administering the program established under paragraph (1), the Secretary shall increase reimbursement rates for meals under this Act and the Child Nutrition Act of 1966 in an amount equal to not less than 2 cents and not more than 10 cents per meal, to reflect the additional costs incurred by schools and institutions in increasing the consumption of fluid milk, fruits, and vegetables under the program. ``(B) Criteria.--The Secretary may vary the increase in reimbursement rates for meals based on the degree to which the school or institution adopts the criteria established by the Secretary under paragraph (2).''. SEC. 102. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 101) is amended by adding at the end the following: ``(r) Grants To Support Farm-to-Cafeteria Projects.-- ``(1) In general.--To improve access to local foods in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1768)), the Secretary shall provide competitive grants to nonprofit entities and educational institutions to establish and carry out farm-to- cafeteria projects that may include the purchase of equipment, the procurement of foods, and the provision of training and education activities. ``(2) Preference for certain projects.--In selecting farm- to-cafeteria projects to receive assistance under this subsection, the Secretary shall give preference to projects designed to-- ``(A) procure local foods from small- and medium- sized farms for the provision of foods for school meals; ``(B) support nutrition education activities or curriculum planning that incorporates the participation of school children in farm and agriculture education projects; and ``(C) develop a sustained commitment to farm-to- cafeteria projects in the community by linking schools, agricultural producers, parents, and other community stakeholders. ``(3) Technical assistance and related information.-- ``(A) Technical assistance.--In carrying out this subsection, the Secretary may provide technical assistance regarding farm-to-cafeteria projects, processes, and development to an entity seeking the assistance. ``(B) Sharing of information.--The Secretary may provide for the sharing of information concerning farm- to-cafeteria projects and issues among and between government, private for-profit and nonprofit groups, and the public through publications, conferences, and other appropriate means. ``(4) Grants.-- ``(A) In general.--From amounts made available to carry out this subsection, the Secretary shall make grants to assist private nonprofit entities and educational institutions to establish and carry out farm-to-cafeteria projects. ``(B) Maximum amount.--The maximum amount of a grant provided to an entity under this subsection shall be $100,000. ``(C) Matching funds requirements.-- ``(i) In general.--The Federal share of the cost of establishing or carrying out a farm-to- cafeteria project that receives assistance under this subsection may not exceed 75 percent of the cost of the project during the term of the grant, as determined by the Secretary. ``(ii) Form.--In providing the non-Federal share of the cost of carrying out a farm-to- cafeteria project, the grantee shall provide the share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services. ``(iii) Source.--An entity may provide the non-Federal share through State government, local government, or private sources. ``(D) Administration.-- ``(i) Single grant.--A farm-to-cafeteria project may be supported by only a single grant under this subsection. ``(ii) Term.--The term of a grant made under this subsection may not exceed 3 years. ``(5) Evaluation.--Not later than January 30, 2008, the Secretary shall-- ``(A) provide for the evaluation of the projects funded under this subsection; and ``(B) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the evaluation. ``(6) Funding.-- ``(A) In general.--On October 1, 2002, and on each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $10,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.''. TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS SEC. 201. STATE ADMINISTRATIVE EXPENSES. (a) Minimum Amount.--Section 7(a)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)) is amended by striking the last sentence and inserting the following: ``In no case shall the grant available to any State under this subsection be less than $200,000, as adjusted in accordance with section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''. (b) Extension.--Section 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g) is amended by striking ``2003'' and inserting ``2008''. SEC. 202. SPECIAL SUPPLEMENTAL PROGRAM FOR WOMEN, INFANTS AND CHILDREN. (a) Sense of Congress on Full Funding for WIC.--It is the sense of Congress that the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) should be fully funded for fiscal year 2004 and each subsequent fiscal year so that all eligible participants for the program will be permitted to participate at the full level of participation for individuals in their category, in accordance with regulations promulgated by the Secretary of Agriculture. (b) Reauthorization of Program.--Section 17(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)) is amended in the first sentence by striking ``2003'' and inserting ``2008''. (c) Nutrition Services and Administration Funds.--Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended-- (1) in paragraph (2)(A), by striking ``2003'' and inserting ``2008''; and (2) in paragraph (10)(A), by striking ``2003'' and inserting ``2008''. (d) Farmers' Market Nutrition Program.--Section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) is amended-- (1) in paragraph (1), by striking ``(m)(1) Subject'' and all that follows through ``the Secretary'' and inserting the following: ``(m) Farmers' Market Nutrition Program.-- ``(1) In general.--The Secretary''; (2) in paragraph (6)(B)-- (A) by striking ``(B)(i) Subject to the availability of appropriations, if'' and inserting the following: ``(B) Minimum amount.--If''; and (B) by striking clause (ii); and (3) in paragraph (9), by striking ``(9)(A)'' and all that follows through the end of subparagraph (A) and inserting the following: ``(9) Funding.-- ``(A) In general.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection-- ``(i) on October 1, 2003, $25,000,000; ``(ii) on October 1, 2004, $29,000,000; ``(iii) on October 1, 2005, $33,000,000; ``(iv) on October 1, 2006, $37,000,000; and ``(v) on October 1, 2007, $41,000,000. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation. ``(C) Availability of funds.--Funds transferred under subparagraph (A) shall remain available until expended.''. SEC. 203. NUTRITION EDUCATION AND TRAINING. Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788 (i)) is amended by striking ``(i) Authorization of Appropriations.--'' and all that follows through the end of paragraph (1) and inserting the following: ``(i) Funding.-- ``(1) Payments.-- ``(A) In general.--On October 1, 2003, and on each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $27,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation. ``(2) Grants.-- ``(A) In general.--Grants to each State from the amounts made available under subparagraph (A) shall be based on a rate of 50 cents for each child enrolled in schools or institutions within the State. ``(B) Minimum amount.--The minimum amount of a grant provided to a State for a fiscal year under this section shall be $200,000, as adjusted in accordance with section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2003.

Child Nutrition Initiatives Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) to revise, reauthorize, establish, and provide funding for certain nutritional and educational programs.Amends NSLA to direct the Secretary of Agriculture (the Secretary) to establish a program of incentives for healthier schools, under which a school or institution receiving funds for meals under NSLA or CNA may receive an increase in the reimbursement rate if it implements a plan for improving the nutritional value of meals consumed there by increasing the consumption of fluid milk, fruits, and vegetables, under criteria established by the Secretary. Requires such increased reimbursements to be not less than two and not more than ten cents per meal, to reflect additional costs incurred.Amends NSLA to direct the Secretary to make competitive grants to nonprofit entities and educational institutions to establish and carry out Farm-to-Cafeteria projects that may include the purchase of equipment, the procurement of foods, and the provision of training and education activities, in order to improve access to local foods in schools and institutions receiving funds under NSLA and CNA (except the special supplemental program for women, infants, and children (WIC) which already has a WIC Farmers Market Nutrition program). Makes appropriations for Farm-to-Cafeteria projects (through transfers of specified amounts by the Secretary of Treasury).Amends CNA to revise requirements for school breakfast and related programs to increase the required minimum amount payable for State administrative expenses, and to adjust such amount for inflation. Reauthorizes appropriations for State administrative expenses.Expresses the sense of the Congress that the WIC program should be fully funded. Reauthorizes appropriations for the WIC program, including funds for nutrition services and administration.Makes appropriations for the WIC Farmers Market Nutrition program (through transfers of specified amounts by the Secretary of Treasury).Makes appropriations for the Nutrition Education and Training (NET) program (through transfers of specified amounts by the Secretary of Treasury). Increases the required minimum amount for an NET grant to a State.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Blackfoot Clearwater Stewardship Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--FOREST RESTORATION Sec. 101. Landscape assessment. Sec. 102. Environmental review of collaboratively developed restoration projects. TITLE II--RECREATION Sec. 201. Otatsy Recreation Management Area. Sec. 202. Spread Mountain Recreation Area. Sec. 203. Trail-based recreation. TITLE III--CONSERVATION Sec. 301. Designation of wilderness areas. Sec. 302. Administration of wilderness areas. Sec. 303. Maps and legal descriptions. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Seeley Lake Ranger District of the Lolo National Forest. (2) Map.--The term ``Map'' means the map entitled ``Bob Marshall, Mission Mountains, Spread Mountain, and Scapegoat Wilderness Additions and Otatsy Recreation Management Area'' and dated February 22, 2017. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. TITLE I--FOREST RESTORATION SEC. 101. LANDSCAPE ASSESSMENT. (a) Landscape Assessment.--Not later than 3 years after the date of enactment of this Act, the Secretary, in collaboration with interested parties, shall complete a landscape assessment of the District. (b) Required Components.--The landscape assessment under subsection (a) shall-- (1) assess the ecological condition of forests and watersheds within the District; and (2) identify restoration actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of forest ecosystems within the District. (c) Use of Existing Assessments.--The Secretary may fulfill the requirement under subsection (a) through the use of any landscape assessment being carried out as of the date of enactment of this Act that contains the components required under subsection (b). (d) Restoration Schedule.--As soon as practicable after the completion of the landscape assessment under subsection (a), the Secretary, in collaboration with interested parties, shall develop for the District a 10-year schedule of restoration projects. SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY DEVELOPED RESTORATION PROJECTS. (a) Definition of Collaboratively Developed Restoration Project.-- In this section, the term ``collaboratively developed restoration project'' means an activity or set of activities that fulfills the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of Public Law 111-11 (16 U.S.C. 7303(b)). (b) Environmental Review.--A collaboratively developed restoration project within the District may be carried out in accordance with the provisions applicable to hazardous fuel reduction projects under sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514-6516). (c) Objector Meeting.--In accordance with section 218.11 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary may request a meeting with an objector to any collaboratively developed restoration project within the District. TITLE II--RECREATION SEC. 201. OTATSY RECREATION MANAGEMENT AREA. (a) Establishment.--Subject to valid existing rights, certain Federal land in the Lolo National Forest comprising approximately 2,013 acres, as generally depicted on the Map, is designated as the ``Otatsy Recreation Management Area'' (referred to in this section as the ``recreation management area''). (b) Management.--The Secretary shall manage the recreation management area in accordance with-- (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation management area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions.--Except as provided in subsections (d) and (e), the following shall be prohibited on Federal land within the recreation management area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to provide for snowmobile use, to meet the minimum requirements for the administration of the recreation management area, and to protect public health and safety-- (A) the use of motorized and mechanized vehicles; and (B) the establishment of temporary roads. (d) Use of Snowmobiles.--The use of snowmobiles shall be allowed within the recreation management area-- (1) between December 1 and April 1; (2) during periods of adequate snow cover, as determined by the Secretary; and (3) subject to such terms and conditions as the Secretary determines to be necessary. (e) Wildfire, Insect, and Disease Management.--In accordance with this section, the Secretary may carry out any measures in the recreation management area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal.--Subject to valid existing rights, the recreation management area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation management area) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 202. SPREAD MOUNTAIN RECREATION AREA. (a) Establishment.--Subject to valid existing rights, certain Federal land in the Lolo National Forest, comprising approximately 3,835 acres, as generally depicted on the Map, is designated as the ``Spread Mountain Recreation Area'' (referred to in this section as the ``recreation area''). (b) Management.--The Secretary shall manage the recreation area in accordance with-- (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions.--Except as provided in subsection (e), the following shall be prohibited on the Federal land within the recreation area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to meet the minimum requirements for the administration of the recreation area and to protect public health and safety-- (A) the use of motorized vehicles; and (B) the establishment of temporary roads. (d) Mechanized Vehicles, Pedestrians, and Horse Travel.--Nothing in this section prohibits-- (1) the use of mechanized vehicles, access by pedestrians, or horse travel within the recreation area; or (2) the construction of trails for use by mechanized vehicles, pedestrians, and horse travel within the recreation area. (e) Wildfire, Insect, and Disease Management.--In accordance with this section, the Secretary may take any measures in the recreation area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal.--Subject to valid existing rights, the recreation area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation area) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 203. TRAIL-BASED RECREATION. (a) Definition of Collaboratively Developed.--In this section, the term ``collaboratively developed'' means a proposal that is developed and implemented through a collaborative process that-- (1) includes multiple interested persons representing diverse interests; and (2) is transparent and nonexclusive. (b) Expanded Trail Recreation Opportunities.-- (1) In general.--If a local collaborative group submits to the Secretary, by not later than 5 years after the date of enactment of this Act, a collaboratively developed proposal to improve motorized and nonmotorized recreational trail opportunities within the District, the Secretary-- (A) shall analyze the proposal in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) subject to appropriations, and in accordance with subsection (d), may provide for the construction of any of the routes included in the proposal. (2) Priority.--In completing the analysis required by paragraph (1)(A), in accordance with subsection (d), the Secretary shall give priority to expanding motorized and nonmotorized recreational trail opportunities within the District that are in the public interest. (3) Deadline.--The Secretary shall complete the analysis required by paragraph (1)(A) by not later than 3 years after the date on which the Secretary receives the applicable collaboratively developed proposal. (c) Use of Volunteer Services and Contributions.--The Secretary may accept volunteer services and contributions from non-Federal sources to construct and maintain recreational trails under this section. (d) Compliance.--In carrying out this section, the Secretary shall comply with-- (1) each provision of law (including regulations) that is generally applicable to the National Forest System; and (2) this Act. (e) Effect of Section.--Nothing in this section affects the ownership or management of, or any other right relating to, any non- Federal land (including any interest in non-Federal land). TITLE III--CONSERVATION SEC. 301. DESIGNATION OF WILDERNESS AREAS. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), and subject to valid existing rights, the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bob marshall wilderness additions.--Certain land in the Lolo National Forest, comprising approximately 39,422 acres generally depicted as the ``North Fork Blackfoot-Monture Creek Addition (Bob Marshall Addition)'' and approximately 7,784 acres generally depicted as the ``Grizzly Basin of the Swan Range Addition'' on the Map, is incorporated in, and shall be considered to be a part of, the Bob Marshall Wilderness. (2) Mission mountains wilderness addition.--Certain land in the Lolo National Forest, comprising approximately 4,462 acres generally depicted as the ``West Fork Clearwater Addition'' on the Map, is incorporated in, and shall be considered to be a part of, the Mission Mountains Wilderness designated by Public Law 93-632 (88 Stat. 2153). (3) Scapegoat wilderness additions.--Certain land in the Lolo National Forest, comprising approximately 27,392 acres generally depicted as the ``North Fork Blackfoot-Monture Creek Addition (Scapegoat Addition)'' on the Map, is incorporated in, and shall be considered to be a part of, the Scapegoat Wilderness designated by Public Law 92-395 (86 Stat. 578). SEC. 302. ADMINISTRATION OF WILDERNESS AREAS. (a) Management.--Subject to valid existing rights, each wilderness addition designated by section 301 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of the Act shall be considered to be a reference to the date of enactment of this Act. (b) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area designated by section 301 that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; (2) be withdrawn in accordance with subsection (c); and (3) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (c) Withdrawal.--Subject to valid existing rights, the Federal land designated as wilderness by section 301 is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any measures in the wilderness additions designated by section 301 that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (e) Access to Private Land.--In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide to any owner of private land within the boundary of a wilderness addition designated by section 301 access to the private land. (f) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. (g) Snow Sensors and Stream Gauges.--Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness addition designated by section 301, if the Secretary determines that the installation or maintenance of the instrumentation is necessary to advance the scientific, educational, or conservation purposes of the wilderness area. (h) Livestock.--The grazing of livestock in the wilderness additions established by section 301, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines described in House Report 96-617 to accompany H.R. 5487 of the 96th Congress. (i) Outfitting and Guide Activities.-- (1) In general.--In accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) within the wilderness additions designated by section 301 may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas, in accordance with section 1503(b)(6) of Public Law 111- 11 (123 Stat. 1035). (2) Effect.--Nothing in this title requires the Secretary to modify any permit in effect as of the date of enactment of this Act to provide outfitting and guide services within the wilderness additions designated by section 301 on a determination by the Secretary that the activities are in compliance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)). (j) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by section 301 shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that a nonwilderness activity or use can be seen or heard from an area within a wilderness addition designated by section 301 shall not preclude the conduct of the activity or use outside the boundary of the wilderness area. SEC. 303. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of-- (1) the Otatsy Recreation Management Area established by section 201(a); (2) the Spread Mountain Recreation Area established by section 202(a); and (3) each wilderness addition designated by section 301. (b) Submission.--The Secretary shall submit the maps and legal descriptions prepared under subsection (a) to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (c) Force of Law.--The maps and legal descriptions filed under subsection (b) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps or legal descriptions. (d) Public Availability.--Each map and legal description filed under subsection (b) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.

Blackfoot Clearwater Stewardship Act of 2017 This bill directs the Department of Agriculture (USDA) to complete a landscape assessment of the Seeley Lake Ranger District of the Lolo National Forest in Montana to: (1) assess the ecological condition of its forests and watersheds; and (2) identify actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of its forest ecosystems. A collaboratively developed restoration project within the district may be carried out according to certain provisions  applicable to authorized hazardous fuel reduction projects under the Healthy Forests Restoration Act of 2003. The bill designates specified federal land in the forest as: (1) the Otatsy Recreation Management Area, and (2) the Spread Mountain Recreation Area. USDA shall, if, a local collaborative group submits a proposal to improve motorized and nonmotorized recreational trail opportunities within the district, analyze the proposal in accordance with the National Environmental Policy Act of 1969. It may also provide for the construction of any of the routes included in such proposal. The bill designates specified wilderness additions in the forest as wilderness areas and components of the National Wilderness Preservation System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FEHBP-Medical Savings Account Promotion Act of 1995''. SEC. 2. PERMITTING CONTRIBUTION TOWARDS MEDICAL SAVINGS ACCOUNT THROUGH FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP). (a) Government Contribution to Medical Savings Account.-- (1) In general.--Section 8906 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of an employee or annuitant who is enrolled in a catastrophic plan described by section 8903(5), there shall be a Government contribution under this subsection to a medical savings account established or maintained for the benefit of the individual. The contribution under this subsection shall be in addition to the Government contribution under subsection (b). ``(2) The amount of the Government contribution under this subsection with respect to an individual is equal to the amount by which-- ``(A) the maximum contribution allowed under subsection (b)(1) with respect to any employee or annuitant, exceeds ``(B) the amount of the Government contribution actually made with respect to the individual under subsection (b) for coverage under the catastrophic plan. ``(3) The Government contributions under this subsection shall be paid into a medical savings account (designated by the individual involved) in a manner that is specified by the Office and consistent with the timing of contributions under subsection (b). ``(4) Subsections (f) and (g) shall apply to contributions under this section in the same manner as they apply to contributions under subsection (b). ``(5) For the purpose of this subsection, the term `medical savings account' has the meaning given such term by section 220(d) of the Internal Revenue Code of 1986 (as inserted by section 2(a) of the Family Medical Savings and Investment Act of 1995 (H.R. 1818)).''. (2) Allowing payment of full amount of charge for catastrophic plan.--Section 8906(b)(2) of such title is amended by inserting ``(or 100 percent of the subscription charge in the case of a catastrophic plan)'' after ``75 percent of the subscription charge''. (b) Offering of Catastrophic Plans.-- (1) In general.--Section 8903 of such title is amended by adding at the end the following new paragraph: ``(5) Catastrophic plans.--One or more plans described in paragraph (1), (2), or (3), but which provide benefits of the types referred to by paragraph (5) of section 8904(a), instead of the types referred to in paragraphs (1), (2), and (3) of such section.''. (2) Types of benefits.--Section 8904(a) of such title is amended by inserting after paragraph (4) the following new paragraph: ``(5) Catastrophic plans.--Benefits of the types named under paragraph (1) or (2) of this subsection or both, to the extent expenses covered by the plan exceed $3,000.''. (3) Disregarding catastrophic plans in determining level of government contributions.--Section 8906(a)(3) of such title is amended by inserting ``described by section 8903(3)'' after ``plans''. (c) Effective Date.--The amendments made by this section shall apply to contract terms beginning on or after January 1, 1997. (d) Medical Savings Account.--For purposes of this section: (1) Medical savings account.--The term ``medical savings account'' means a trust created or organized in the United States exclusively for the purpose of paying the qualified medical expenses of the account holder, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(3), no contribution will be accepted unless it is in cash. (B) The trustee is a bank (as defined in section 408(n)), an insurance (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified medical expenses.-- (A) In general.--The term ``qualified medical expenses'' means, with respect to an account holder, amounts paid by such holder-- (i) for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise, or (ii) for long-term care insurance for such individual, spouse, or dependent. (B) Health plan coverage may not be purchased from account.-- (i) In general.--Such term shall not include any amount paid for coverage under a health plan unless such plan is a catastrophic health plan. (ii) Exception.--Clause (i) shall not apply to any amount paid for long-term care insurance. (3) Account holder.--The term ``account holder'' means the individual on whose behalf the medical savings account was established. (4) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Except as provided in section 106(b), section 219(f)(5) (relating to employer payments). (D) Section 408(h) (relating to custodial accounts).

FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Care Act of 1996''. SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS UNDER HEALTH PLANS. (a) In General.--Every policy or contract that provides health insurance coverage (as defined in subsection (h)(1)) and every group health plan (as defined in subsection (h)(2)) shall include (consistent with this section)-- (1) coverage for screening pap smears, and (2) coverage for low-dose screening mammography. (b) Definitions Relating to Coverage.--In this section: (1) Low-dose screening mammography.--The term ``low-dose screening mammography'' means a radiologic procedure for the early detection of breast cancer provided to an asymptomatic women using equipment dedicated specifically for mammography and at a facility which meets mammography accreditation standards established by the Secretary for coverage of screening mammography under the medicare program under title XVIII of the Social Security Act. Such term also includes a physician's interpretation of the results of the procedure. (2) Screening pap smear.--The term ``screening pap smear'' means a diagnostic laboratory test consisting of a routine exfoliative cytology test (Papanicolaou test) provided to a woman for the purpose of early detection of cervical cancer and includes the examination, the laboratory test itself, and a physician's interpretation of the results of the test. If the Secretary establishes qualify standards for facilities furnishing screening pap smears, such term shall only include a test if the test is performed in a facility that has been determined to meet such standards. (c) Restrictions on Cost-Sharing.--The coverage under this section shall not provide for the application of deductibles, coinsurance, or other limitations for low-dose screening mammography or screening pap smears that are greater than the deductibles, coinsurance, and limitations that are applied to similar services under the health insurance coverage or group health plan. (d) Frequency of Coverage of Screening Mammography.-- (1) In general.--Coverage of low-dose screening mammography is consistent with this section only if it is provided consistent with the following periodicity schedule: (A) Coverage is made available for one baseline low-dose screening mammography for any woman between 35 and 40 years of age. (B) Coverage is made available for such mammography on an annual basis to any woman who is 50 years or age or older or who is determined by a physician to be at- risk of breast cancer (as defined in paragraph (2)). (C) Coverage is made available for such mammography for a woman at least once every other year. (2) At-risk of breast cancer.--For purposes of paragraph (1)(B), a woman is considered to be ``at-risk of breast cancer'' if any of the following is true: (A) The woman has a personal history of breast cancer. (B) The woman has a personal history of biopsy- proven benign breast disease. (C) The woman's mother, sister, or daughter has or has had breast cancer. (D) The woman has not given birth prior to the age of 30. (e) Frequency of Coverage of Screening Pap Smears.--Coverage of screening pap smears is consistent with this section only if it is provided not more often than once every year (or more frequently if recommended by a physician). (f) Enforcement.-- (1) Regulated insurers.--It is the responsibility of State regulators what regulate insurers that offer health insurance coverage in a State to apply the requirements of this section to such insurers and coverage. If the Secretary determines that such regulators do not have the intent or means of enforcing such requirements with respect to such insurers in a State, the Secretary may provide such remedies (which may include civil money penalties) as may be necessary to assure compliance with the requirements of this section in such State. (2) Group health plans.--The requirements of this section are deemed, in relation to group health plans offered as employee welfare benefit plans under title I of Employee Retirement Income Security Act of 1974, to be provisions of such title, for purposes of applying the enforcement related provisions of such title. (3) Other plans.--In the case of health coverage not described in paragraph (1) or (2), the Secretary shall develop such non-criminal enforcement mechanisms as may be necessary and appropriate to carry out this section in relation to entities offering such coverage. (g) Relation to State Law.--The provisions of this section do not preempt State law to the extent such State law provides greater protection to women in relation to the benefits provided under this section. (h) Definitions.--In this section: (1) Health insurance coverage.-- (A) In general.--Except as provided in subparagraph (B), the term ``health insurance coverage'' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract offered by an insurer or a health maintenance organization. (B) Exception.--Such term does not include coverage under any separate policy, certificate, or contract only for one or more of any of the following: (i) Coverage for accident, credit-only, vision, disability income, long-term care, nursing home care, community-based care dental, on-site medical clinics, or employee assistance programs, or any combination thereof. (ii) Medicare supplemental health insurance (within the meaning of section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))) and similar supplemental coverage provided under a group health plan. (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers' compensation or similar insurance. (vi) Automobile medical-payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Such other coverage, comparable to that described in previous clauses, as may be specified in regulations prescribed by the Secretary. (2) Group health plan.-- (A) In general.--Subject to subparagraph (B), the term ``group health plan'' means an employee welfare benefit plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974) to the extent that the plan provides medical care (as defined in paragraph (5)) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise, and includes a group health plan (within the meaning of section 5000(b)(1) of the Internal Revenue Code of 1986). (B) Exclusion of plans with limited coverage.--An employee welfare benefit plan shall be treated as a group health plan under this section only with respect to medical care which is provided under the plan and which does not consist of coverage excluded from the definition of health insurance coverage under paragraph (1)(B). (3) Health maintenance organization.--The term ``health maintenance organization'' means-- (A) a Federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization, if it is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974). (4) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)(A) of the Employee Retirement Income Security Act of 1974). (5) Medical care.--The term ``medical care'' means-- (A) amounts paid for, or items or services in the form of, the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for, or items or services provided for, the purpose of affecting any structure or function of the body, (B) amounts paid for, or services in the form of, transportation primarily for and essential to medical care referred to in subparagraph (A), and (C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, the Northern Mariana Islands, Guam, and American Samoa. (i) Effective Date.--This section shall apply to health insurance coverage that is issued, renewed, or amended on or after January 1, 1997, and to group health plans for plan years beginning on or after such date.

Women's Preventive Health Care Act of 1996 - Requires every policy or contract for health insurance coverage and every group health plan to include coverage for screening pap smears and low-dose screening mammographies. Regulates cost sharing and frequency of coverage and provides for enforcement. Declares that this Act does not preempt State law to the extent State law provides greater protection to women.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``HSA Improvement and Expansion Act of 2007''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, etc. Sec. 2. Health reimbursement arrangements and spending arrangements in combination with health savings accounts. Sec. 3. Increase in annual HSA contribution limitation. Sec. 4. Purchase of health insurance from HSA account. Sec. 5. Special rule for certain medical expenses incurred before establishment of account. Sec. 6. Provisions relating to Medicare. Sec. 7. Individuals eligible for veterans benefits for a service- connected disability. Sec. 8. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 9. FSA and HRA Termination to fund HSAs. SEC. 2. HEALTH REIMBURSEMENT ARRANGEMENTS AND SPENDING ARRANGEMENTS IN COMBINATION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Subparagraph (B) of section 223(c)(1) (relating to certain coverage disregarded) 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 inserting after clause (iii) the following new clause: ``(iv) coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, which meets the requirements of paragraph (6).''. (b) Combination Health Reimbursement, Savings, and Spending Arrangements.--Subsection (c) of section 223 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(6) Combined limit for contributions or credits to health reimbursement, arrangements and spending arrangements.-- ``(A) In general.--In the case of coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, such coverage meets the requirements of this paragraph if, with respect to an individual-- ``(i) the sum of-- ``(I) the amount allowable as a deduction under subsection (a), ``(II) the salary reduction amount elected by the individual and, if applicable, the employer contribution or credit allocated to the individual for the taxable year under the flexible spending arrangement (as defined in section 106(c)(2)), plus ``(III) the amounts that the individual is permitted, under the terms of the plan, to receive in reimbursements for the taxable year under the health reimbursement arrangement, does not exceed ``(ii) the sum of the annual deductible and the other annual out-of-pocket expenses (other than for premiums) required to be paid under the plan by the eligible individual for covered benefits. ``(B) Exceptions for disregarded coverage.--For purposes of subparagraph (A)-- ``(i) Certain flexible spending arrangements.--Any flexible spending arrangement salary reduction amounts or employer contributions or credits that are restricted by the employer to use for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(II). ``(ii) Certain health reimbursement arrangements.--Any reimbursements from a health reimbursement arrangement for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(III). ``(iii) Qualified hsa distributions from fsa and hra terminations.--Any qualified HSA distribution (as defined in section 106(e)) shall not be taken into account under subparagraph (A)(i). ``(C) Termination.--Coverage shall not be treated as meeting the requirements of this paragraph for any taxable year beginning after December 31, 2012.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. INCREASE IN ANNUAL HSA CONTRIBUTION LIMITATION. (a) In General.--Paragraph (2) of section 223(b) (relating to monthly limitation) is amended-- (1) in subparagraph (A) by striking ``$2,250'' and inserting ``$4,500'', and (2) in subparagraph (B) by striking ``$4,500'' and inserting ``$9,000''. (b) Cost-of-Living Adjustment.--Section 223(g)(1)(B)(i) is amended by striking ``calendar year 1997'' and inserting ``calendar year 2007''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. PURCHASE OF HEALTH INSURANCE FROM HSA ACCOUNT. (a) In General.--Paragraph (2) of section 223(d) (defining qualified medical expenses) is amended-- (1) by striking subparagraphs (B) and (C), (2) in subparagraph (A) by striking ``(a) in general.--'' and moving the text 2 ems to the left, and (3) by inserting `` and including payment for insurance)'' after ``section 213(d)''. (b) Effective Date.--The amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. SEC. 5. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Subsection (d) of section 223, as amended by section 4, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Certain medical expenses incurred before establishment of account treated as qualified.-- ``(A) In general.--For purposes of paragraph (2), an expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred during the 60-day period beginning on the date on which the high deductible health plan is first effective. ``(B) Special rules.--For purposes of subparagraph (A)-- ``(i) an individual shall be treated as an eligible individual for any portion of a month for which the individual is described in subsection (c)(1), determined without regard to whether the individual is covered under a high deductible health plan on the 1st day of such month, and ``(ii) the effective date of the health savings account is deemed to be the date on which the high deductible health plan is first effective after the date of the enactment of this paragraph.''. (b) Effective Date.--The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. SEC. 6. PROVISIONS RELATING TO MEDICARE. (a) Individuals Over Age 65 Only Enrolled in Medicare Part A.-- Section 223(b)(7) (relating to contribution limitation on Medicare eligible individuals) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any individual during any period the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act.''. (b) Medicare Beneficiaries Participating in Medicare Advantage MSA May Contribute Their Own Money to Their MSA.--Subsection (b) of section 138 is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE- CONNECTED DISABILITY. (a) In General.--Section 223(c)(1) (defining eligible individual) is amended by adding at the end the following new subparagraph: ``(D) Special rule for individuals eligible for certain veterans benefits.--For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HSA ACCOUNT. (a) In General.--Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: ``(C) Special rule where both spouses are eligible individuals with 1 account.--If-- ``(i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and ``(ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. FSA AND HRA TERMINATION TO FUND HSAS. (a) Grace Period Not Required.--Section 106(e)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``A distribution shall not fail to be treated as a qualified HSA distribution merely because the balance in such arrangement is determined without regard to the requirement that unused amounts remaining at the end of a plan year must be forfeited in the absence of a grace period.''. (b) Deposit in Limited FSA or HRA of Funds in Excess FSA or HRA Termination Distribution.--Paragraph (1) of section 106(e) of such Code is amended by inserting before the period at the end thereof the following: ``and the deposit of funds in excess of a qualified HSA distribution amount into a health flexible spending account or health reimbursement arrangement which is compatible with a health savings account and which, on the date of such distribution, is a part of the employer's plan''. (c) Disclaimer of Disqualifying Coverage.--Subparagraph (B) of section 223(c)(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 inserting after clause (iii) the following new clause: ``(iv) any coverage (whether actual or prospective) otherwise described in subparagraph (A)(ii) which is disclaimed at the time of the creation or organization of the health savings account.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

HSA Improvement and Expansion Act of 2007 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) allow HSAs to incorporate flexible spending and health reimbursement arrangements; (2) increase the annual HSA contribution limitation; (3) permit the use of HSAs to purchase health insurance; (4) allow the payment of certain medical expenses incurred before the establishment of an HSA; (5) allow veterans eligible for service-connected disability benefits to establish an HSA; and (6) allow spouses to make increased catch-up contributions to a single HSA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Punitive Damages Fairness Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Definitions. Sec. 6. General rule. Sec. 7. Applicability; preemption; jurisdiction of Federal courts. Sec. 8. Effective date. SEC. 3. FINDINGS. The Congress finds the following: (1) Multiple or repetitive imposition of punitive damages for harms arising out of a single act or course of conduct may deprive a defendant of all of the assets or insurance coverage of the defendant, and may endanger the ability of claimants to receive compensation for basic out-of-pocket expenses and damages for pain and suffering. (2) The detrimental impact of multiple punitive damages exists even in cases that are settled, rather than tried, because the threat of punitive damages being awarded results in a settlement that provides for a higher award amount than would ordinarily be obtained. To the extent that this premium exceeds what would otherwise be a fair and reasonable settlement for compensatory damages, assets that could be available for satisfaction of future compensatory claims are dissipated. (3) Fundamental unfairness results when anyone is punished repeatedly for what is essentially the same conduct. (4) Federal and State appellate and trial judges, and well- respected commentators, have expressed concern that multiple imposition of punitive damages may violate constitutionally protected rights. (5) Multiple imposition of punitive damages may be a significant obstacle to global settlement negotiations in repetitive litigation. (6) Limiting the imposition of multiple punitive damages awards would facilitate the resolution of mass tort claims involving thousands of injured claimants. (7) Federal and State trial courts cannot provide solutions to problems caused by the multiple imposition of punitive damages because they lack the power or authority to prohibit subsequent awards in other courts. (8) Individual State legislatures can create only a partial remedy to address problems caused by the multiple imposition of punitive damages, because each State lacks the power to control the imposition of punitive damages in other States. SEC. 4. PURPOSE. The purpose of this Act is to provide a fair and balanced resolution to the problem of multiple imposition of punitive damages in interstate commerce. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; (2) the term ``specific findings of fact'' are findings in written form focusing on specific behavior of a defendant that demonstrates a conscious, flagrant, indifference to the safety or welfare of the claimant; and (3) the term ``claimant'' means-- (A) any person who brings a civil action and any person on behalf of whom such action is brought; (B) if such action is brought through or on behalf of an estate, the term includes the claimant's decedent; and (C) if such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's parent or guardian. SEC. 6. GENERAL RULE. (a) General Rule.--Except as provided in subsection (b), punitive damages shall be prohibited in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded against such defendant. (b) Circumstances for Award.-- (1) Substantial new evidence.--If the court determines in a pre-trial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant, the court may award punitive damages in accordance with subsection (c). (2) Insufficient award.--If the court determines in a pre- trial hearing that the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future, the court may award punitive damages in accordance with subsection (c). (c) Limitations on Award.--A court awarding punitive damages pursuant to subsection (b) shall-- (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action under this subsection. SEC. 7. APPLICABILITY; PREEMPTION; JURISDICTION OF FEDERAL COURTS. (a) Applicability to Punitive Damages Actions.-- (1) In general.--Except as provided in paragraph (2), this Act shall apply to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant. (2) Statutory exception.--This Act shall not apply to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded. (b) Preemption.--Except as provided in subsection (a)(2), this Act shall supersede any Federal or State law regarding recovery for punitive damages. (c) Jurisdiction of Federal Courts.--The district courts of the United States shall not have jurisdiction over any civil action pursuant to this Act based on sections 1331 or 1337 of title 28, United States Code. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall take effect on the date of its enactment. (b) Pending Actions.--This Act shall apply to-- (1) any civil action pending on the date of enactment of this Act; and (2) any civil action commenced on or after such date, including any action in which the harm or the conduct which caused the harm occurred prior to such date.

Multiple Punitive Damages Fairness Act - Prohibits punitive damages in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded. Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pre-trial hearing that: (1) the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant; and (2) the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future. Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action. Makes this Act applicable to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant, except with respect to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded. Specifies that: (1) this Act shall supersede any Federal or State law regarding recovery for punitive damages; and (2) the U.S. district courts shall not have jurisdiction over any civil action pursuant to this Act based on provisions regarding Federal question jurisdiction and commerce and antitrust regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting Inhumane Federal Trapping Act''. SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE. (a) Prohibitions.--Except as provided in subsection (b)-- (1) no personnel of the Department of the Interior or the Department of Agriculture may, in performance of their duties, use, recommend, train regarding the use of, or plan for use of, any body-gripping trap; and (2) no person shall use or possess any body-gripping trap on property under the administrative jurisdiction of the Department of the Interior or the Department of Agriculture, without regard to whether the person is employed by, or working under a contract with, the Department of the Interior or the Department of Agriculture. (b) Exceptions.-- (1) Limitation on application.-- (A) In general.--Subsection (a) shall not apply with respect to use of a body-gripping trap to-- (i) control documented, invasive species to achieve resource management objectives where alternative methods have failed; or (ii) protect a species that is-- (I) listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (II) treated by the Forest Service as a sensitive species. (B) Conditions.-- (i) In general.--Subparagraph (A) shall not apply unless-- (I) such use of a body-gripping trap is in accordance with applicable State and Federal law; (II) prior to use of a body- gripping trap, all available and viable nonlethal methods for such control or protection, respectively, are attempted; and (III) such attempts are documented in writing, and such documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. (ii) Nonlethal methods described.--For purposes of clause (i)(II), the term ``nonlethal methods''-- (I) except as provided in subclause (II), includes exclusions or barriers, harassment and scaring devices, and other methods that do not result in the death of target or nontarget species; and (II) does not include any body- gripping device. (2) Training.--Subsection (a)(1) shall not apply with respect to training in the dismantling of body-gripping traps that have been illegally placed. (3) Indian country.--Subsection (a)(2) shall not apply with respect to use of a body-gripping trap in the Indian country. (c) Penalties.-- (1) Knowing violations.--Any person who knowingly violates or fails to comply with this Act or any regulation issued under this Act shall be fined under title 18, United States Code, or imprisoned for not more than 1 year, or both. (2) Other violations.--Any person who otherwise violates or fails to comply with this Act or any such regulation shall be fined under title 18, United States Code, or imprisoned not more than 180 days, or both. (d) Definitions.--In this section: (1) Body-gripping trap.--The term ``body-gripping trap''-- (A) except as provided in subparagraph (B), means any device that is intended to kill or capture an animal by physically restraining any part of the animal on land or in an aquatic environment, including any-- (i) spring traps, including steel-jaw, padded, enclosed and dog-proof, or other modified foothold or leghold traps; (ii) kill-type trap, including Conibear and body-crushing traps; (iii) snare traps, including foot snares and strangling neck snares; and (iv) modified version of any such a trap; and (B) does not include any-- (i) cage or box trap; or (ii) suitcase-type live beaver trap. (2) Indian country.--The term ``Indian country'' has the meaning given that term under section 1151 of title 18, United States Code. (3) Personnel.--The term ``personnel'' includes individuals employed by, working under a contract or cooperative agreement with, or otherwise collaborating with the Department of the Interior or the Department of Agriculture. (e) ANILCA Not Affected.--Nothing in this Act is intended or shall be construed to conflict with the Alaska National Interests Lands Conservation Act (16 U.S.C. 3101 et seq.). (f) Stricter State Laws Not Affected.--This section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State, that-- (1) is more restrictive than the requirements of this section; or (2) creates penalties for conduct regulated by this section.

Limiting Inhumane Federal Trapping Act This bill prohibits any personnel of the Department of the Interior or the Department of Agriculture (USDA), in performing their duties, from using, recommending, training in the use of, or planning for the use of, any body-gripping trap used to kill or capture an animal. This prohibition does not apply to training in the dismantling of body-gripping traps that have been illegally placed. No person shall use or possess any body-gripping trap on property under the administrative jurisdiction of Interior or USDA, except in Indian country, regardless of whether the person is employed by, or is working under a contract with, Interior or USDA. Such prohibitions shall not apply to the use of a body-gripping trap to: control documented, invasive species to achieve resource management objectives where alternative methods have failed; or protect a species that is listed as an endangered or threatened species or treated by the Forest Service as a sensitive species. Such exceptions shall not apply unless: such use of a body-gripping trap is in accordance with state and federal law; prior to using such a trap, all available and viable nonlethal methods for such control or protection have been attempted; and such attempts have been documented in writing, and the documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. The bill imposes criminal penalties for violating the prohibitions in this bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Visas Act''. SEC. 2. VISA REFUSAL AND REVOCATION. (a) Authority of the Secretary of Homeland Security and the Secretary of State.--Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Authority of the Secretary of Homeland Security.-- ``(1) In general.--Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary-- ``(A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and ``(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. ``(2) Effect of revocation.--The revocation of any visa under paragraph (1)(B)-- ``(A) shall take effect immediately; and ``(B) shall automatically cancel any other valid visa that is in the alien's possession. ``(3) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no United States court has jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa. ``(c) Authority of the Secretary of State.-- ``(1) In general.--The Secretary of State may direct a consular officer to refuse a visa requested by, or revoke a visa issued to, an alien if the Secretary of State determines such refusal or revocation to be necessary or advisable in the foreign policy interests of the United States. ``(2) Limitation.--No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).''. (b) Issuance of Visas at Designated Consular Posts and Embassies.-- (1) In general.--Section 428(i) of the Homeland Security Act (6 U.S.C. 236(i)) is amended to read as follows: ``(i) Visa Issuance at Designated Consular Posts and Embassies.-- Notwithstanding any other provision of law, the Secretary of Homeland Security-- ``(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at all visa-issuing posts in Algeria; Canada; Colombia; Egypt; Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia; South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab Emirates; the United Kingdom; Venezuela; and Yemen; and ``(2) is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.''. (2) Expedited clearance and placement of department of homeland security personnel at overseas embassies and consular posts.--The Secretary of State shall accommodate and ensure-- (A) not later than 180 days after the date of the enactment of this Act, that Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act have been stationed at post; and (B) not later than 180 days after the date on which the Secretary of Homeland Security designates an additional consular post or embassy for personnel under section 428(i)(2) of the Homeland Security Act that the Department of Homeland Security personnel assigned to such post or embassy have been stationed at post. (3) Appropriations.--There is authorized to be appropriated $60,000,000 for each of the fiscal years 2010 and 2011, which shall be used to expedite the implementation of section 428(i) of the Homeland Security Act, as amended by this subsection. (c) Visa Revocation.-- (1) Information.--Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Visa Revocation Information.--If the Secretary of Homeland Security or the Secretary of State revokes a visa-- ``(1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; and ``(2) look-out notices shall be posted to all Department of Homeland Security port inspectors and Department of State consular officers.''. (2) Effect of visa revocation.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking ``, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 237(a)(1)(B).'' and inserting ``. A revocation under this subsection shall take effect immediately and shall automatically cancel any other valid visa that is in the alien's possession.''.

Secure Visas Act - Amends the Homeland Security Act to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Prohibits judicial review of such determinations. Provides that any such visa revocation shall become effective immediately and cancel any other visa in an alien's possession. Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests. Prohibits a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary. Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. Authorizes the Secretary to assign DHS employees to such posts. States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers. Amends INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Records and Privacy Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) telephone records can be of great use to criminals because the information contained in call logs may include a wealth of personal data; (2) call logs may reveal the names of telephone users' doctors, public and private relationships, business associates, and more; (3) call logs are typically maintained for the exclusive use of phone companies, their authorized agents, and authorized consumers; (4) telephone records have been obtained without the knowledge or consent of consumers through the use of a number of fraudulent methods and devices that include-- (A) telephone company employees selling data to unauthorized data brokers; (B) ``pretexting'', whereby a data broker or other person represents that they are an authorized consumer and convinces an agent of the telephone company to release the data; or (C) gaining unauthorized Internet access to account data by improperly activating a consumer's account management features on a phone company's webpage or contracting with an Internet- based data broker who trafficks in such records; and (5) the unauthorized disclosure of telephone records not only assaults individual privacy but, in some instances, may further acts of domestic violence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations. SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED ENTITY. (a) Offense.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1038 the following: ``Sec. 1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity ``(a) Criminal Violation.--Whoever, in interstate or foreign commerce, knowingly and intentionally obtains, or attempts to obtain, confidential phone records information of a covered entity, by-- ``(1) making false or fraudulent statements or representations to an employee of a covered entity; ``(2) making such false or fraudulent statements or representations to a customer of a covered entity; ``(3) providing a document to a covered entity knowing that such document is false or fraudulent; or ``(4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates; shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Prohibition on Sale or Transfer of Confidential Phone Records Information.-- ``(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). ``(c) Prohibition on Purchase or Receipt of Confidential Phone Records Information.-- ``(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally purchases or receives, or attempts to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). ``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates, or attempts to violate, subsection (a), (b), or (c) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in addition to the penalties provided for in such subsection, be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 5 years, or both. ``(e) Enhanced Penalties for Use of Information in Furtherance of Certain Criminal Offenses.-- ``(1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense described in section 2261, 2261A, 2262, or any other crime of violence shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ``(2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense under section 111, 115, 1114, 1503, 1512, 1513, or to intimidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement officer shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ``(f) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over an offense under this section. ``(g) Nonapplicability to Law Enforcement Agencies.--This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. ``(h) Definitions.--In this section: ``(1) Confidential phone records information.--The term `confidential phone records information' means information that-- ``(A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; ``(B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or ``(C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. ``(2) Covered entity.--The term `covered entity'-- ``(A) has the same meaning given the term `telecommunications carrier' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ``(B) includes any provider of IP-enabled voice service. ``(3) Customer.--The term `customer' means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.''. (b) Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1038 the following: ``1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.''. SEC. 4. SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 1039 of title 18, United States Code. (b) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes). Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice. Grants extraterritorial jurisdiction over crimes defined by this Act. Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act. Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Zone Environmental Restoration Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Impacted site.--The term ``impacted site'' means-- (A) an area that has been designated as an enterprise zone pursuant to section 701 of the Housing and Community Development Act of 1987 (42 U.S.C. 11501); or (B) an area that receives a similar designation under any other Federal law. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. GRANT PROGRAM. (a) In General.--The Administrator, in consultation with the Secretary, shall establish a grant program to award grants for environmental testing and characterization on land owned by municipalities or other political subdivisions of States that the Administrator determines to be appropriate. Subject to the availability of funds, the Administrator shall award a grant to any municipality (or other political subdivision of a State that the Administrator determines to be appropriate) that submits an approved application concerning environmental testing and characterization for an impacted site. (b) Administration of Grant Program.--The Administrator, in consultation with the Secretary, shall promulgate such regulations as are necessary to carry out the grant program established under subsection (a). In promulgating the regulations, the Administrator shall-- (1) determine which activities constitute environmental testing and characterization; (2) establish a procedure for the submission and approval of an application for a grant; and (3) establish criteria for approving a grant application, including, to the extent known, consideration of-- (A) the potential environmental and human health risks posed by the area to be characterized; (B) the availability of other sources of funding to perform the environmental testing and characterization in the absence of funding from a grant under this Act; (C) the economic benefits that would flow from the development of the area; (D) the minimization of any economic benefit to parties liable for response actions at the area; and (E) other factors that the Administrator determines to be appropriate. (c) State Grant Program.--The Administrator may, in consultation with the Secretary, authorize the Governor of a State to carry out a State grant program to award grants to carry out the purposes of this Act. The Administrator may promulgate such regulations as may be necessary to carry out this subsection. (d) Repayment.-- (1) In general.-- (A) Payment.--Subject to subparagraph (B), the recipient of a grant under this section must, as a condition to receiving a grant award under this section, enter into an agreement with the Administrator that states that the recipient of the grant shall pay to the Administrator the net proceeds resulting from any transfer, lease, development, or conveyance of all or part of the area that is the subject of the grant. (B) Total payment.--The total amount of payments made by a grant recipient under this subsection shall not exceed an amount equal to the sum of-- (i) the amount of the grant; and (ii) any accrued interest (as determined pursuant to paragraph (2)). (2) Interest.--The interest payable under this section shall accrue at the same rate as is specified for interest earned pursuant to section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)). (3) Schedule for payment.--A payment required under paragraph (1) from the net proceeds of any transfer, lease, development, or conveyance shall be paid not later than 30 days after the recipient of the grant receives the net proceeds. (e) Evaluation and Report.-- (1) Evaluation.--Not later than December 31, 1994, the Administrator, in consultation with the Secretary, shall conduct an evaluation of the grant program under this section. The evaluation shall be based on information available at the time of the evaluation. The Administrator shall require that, as a condition to receiving a grant under this section, each grant recipient must submit data indicating the actual cost, benefits, sources, and use of all funds associated with the environmental testing and characterization of the area that is the subject of the grant award. (2) Report.--On completion of the evaluation referred to in paragraph (1), but not later than December 31, 1994, the Administrator shall submit a report to Congress that describes the findings and recommendations of the Administrator. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, and 1996 to carry out the purposes of this Act.

Enterprise Zone Environmental Restoration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants for environmental testing and characterization on land owned by political subdivisions of States to political subdivisions that submit approved applications for such activities on impacted sites. Defines an "impacted site" as an area designated as an enterprise zone pursuant to the Housing and Community Development Act of 1987 or that receives a similar designation under other Federal law. Permits the Administrator to authorize State Governors to carry out State grant programs to carry out this Act. Sets forth conditions for the receipt of grants. Authorizes appropriations.

SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. ``(a) Definitions.--In this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099); and ``(B) any regulations promulgated to implement and enforce that Agreement. ``(2) Municipal solid waste.--The term `municipal solid waste' has the meaning given the term in the Agreement. ``(b) Prohibition.--It shall be unlawful for any person to import, transport, or export municipal solid waste, for final disposal or incineration, in violation of the Agreement. ``(c) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the Agreement (including notice and consent provisions of the Agreement). ``(2) Consent to importation.--In considering whether to consent to the importation of municipal solid waste under article 3(c) of the Agreement, the Administrator shall-- ``(A)(i) give substantial weight to the views of each State into which the municipal solid waste is to be imported; and ``(ii) consider the views of the local government having jurisdiction over the location at which municipal solid waste is to be disposed of; and ``(B) consider the impact of the importation on-- ``(i) continued public support for, and adherence to, State and local recycling programs; ``(ii) landfill capacity, as provided in comprehensive waste management plans; ``(iii) air emissions resulting from increased vehicular traffic; ``(iv) road deterioration resulting from increased vehicular traffic; and ``(v) public health and the environment. ``(d) Compliance Orders.-- ``(1) In general.--If, on the basis of any information, the Administrator determines that a person has violated or is in violation of this section, the Administrator may-- ``(A) issue an order that-- ``(i) assesses a civil penalty against the person for any past or current violation of the person; or ``(ii) requires compliance by the person with this section immediately or by a specified date; or ``(B) bring a civil action against the person for appropriate relief (including a temporary or permanent injunction) in the United States district court for the district in which the violation occurred. ``(2) Specificity.-- ``(A) In general.--Any order issued under paragraph (1) for a violation of this subsection shall state with reasonable specificity the nature of the violation. ``(B) Penalties.-- ``(i) Maximum penalty.--Any penalty assessed by an order issued under paragraph (1) shall not exceed $25,000 per day of noncompliance for each violation. ``(ii) Considerations.--In assessing a penalty under this section, the Administrator shall take into account-- ``(I) the seriousness of the violation for which the penalty is assessed; and ``(II) any good faith efforts of the person against which the penalty is assessed to comply with applicable requirements. ``(e) Public Hearing.-- ``(1) In general.--Any order issued under this section shall become final unless, not later than 30 days after the date of issuance of the order, the person or persons against which the order is issued submit to the Administrator a request for a public hearing. ``(2) Hearing.--On receipt of a request under paragraph (1), the Administrator shall promptly conduct a public hearing. ``(3) Subpoenas.--In connection with any hearing under this subsection, the Administrator may-- ``(A) issue subpoenas for-- ``(i) the attendance and testimony of witnesses; and ``(ii) the production of relevant papers, books, and documents; and ``(B) promulgate regulations that provide for procedures for discovery. ``(f) Violation of Compliance Orders.--If a person against which an order is issued fails to take corrective action as specified in the order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.''. (b) Table of Contents.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following: ``Sec. 4011. Canadian transboundary movement of municipal solid waste.''.

Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste (MSW), for final disposal or incineration, in violation of the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986.Directs the Administrator of the Environmental Protection Agency to perform the functions of the Designated Authority of the United States with respect to the importation and exportation of MSW under the Agreement and to implement and enforce the Agreement.Sets forth factors for consideration in the Administrator's determinations of whether to consent to importation.Provides procedures for issuance of compliance orders, assessment of civil penalties, and conduct of public hearings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Revolutionary War Patriots 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, each of 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 minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 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 minting coins under this Act only from stockpiles established under the Strategic and Critical Materials 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 the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. (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'' or ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Black Revolutionary War Patriots Foundation 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 may issue coins minted under this Act only during the period beginning on May 15, 1996, and ending on May 15, 1997. 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 (d) 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 Black Revolutionary War Patriots Foundation for the purpose of establishing an endowment to support the construction of a Black Revolutionary War Patriots Memorial in Washington, D.C. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Black Revolutionary War Patriots Foundation 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.

Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Sewer Overflow Control and Partnership Act of 1998''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued pursuant to this Act for a discharge from a combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994. ``(2) Term of permit, order, or decree.-- ``(A) Authority to issue.--Notwithstanding any schedule for compliance authorized by section 301(b), or any permit limitation authorized by subsection (b)(1)(B) of this section, the Administrator or the State (in the case of a State with a program approved under subsection (b)) may issue or execute a permit, order, or decree consistent with this section for a discharge from a combined storm and sanitary sewer. ``(B) Schedule for compliance.-- ``(i) In general.--A permit, order, or decree issued pursuant to subparagraph (A) shall include a schedule for compliance, within a period of not to exceed 15 years, with a long-term control plan under the Control Policy referred to in paragraph (1). ``(ii) Exception.--Notwithstanding clause (i), a compliance schedule of longer than 15 years may be granted if the owner or operator demonstrates to the satisfaction of the Administrator or the State, as appropriate, reasonable further progress towards compliance with a long-term plan under the Control Policy and if the Administrator or the State, as appropriate, determines-- ``(I) that compliance within 15 years is not within the economic capability of the owner or operator; or ``(II) that a longer period is otherwise appropriate. ``(3) Savings clause.--Any administrative or judicial decree or order issued before the date of enactment of this subsection establishing any deadline, schedule, or timetable for the construction of treatment works for control of any discharge from a municipal combined sewer system may, at the request of the municipal owner or operator, be modified to extend any such deadline, schedule, or timetable to conform with the requirements of paragraph (2). ``(4) Water quality standards-designated use review.--No permit, order, or decree issued pursuant to this Act shall require compliance with water quality based requirements contained in a long-term control plan under the Control Policy referred to in paragraph (1) unless the Administrator or the State, as appropriate, has completed the water quality standards-designated use review process called for in the Control Policy, including the adoption of any refinements needed to reflect the site-specific wet weather impacts of combined sewer overflows and to ensure that the long-term control plan provides for cost-effective compliance with water quality standards. Consideration shall be given to conducting these reviews on a watershed basis where appropriate. Nothing in this subsection may be construed to affect either the authority to conduct or scheduling of water quality standard reviews required under section 303(c). ``(5) Grants.-- ``(A) In general.--The Administrator may make grants to any municipality or municipal entity for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. ``(B) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant made under subparagraph (A) shall be at least 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $500,000,000 for fiscal year 1999, $750,000,000 for fiscal year 2000, and $1,000,000,000 for fiscal year 2001. Such sums shall remain available until expended. ``(D) Reports.--On or before January 1, 2001, and once every 2 years thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for the 2 fiscal years following the date of the report for activities relating to combined storm and sanitary sewer flows described in subparagraph (A).''.

Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 1999 through 2001. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.

SECTION 1. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN HOUSE OF REPRESENTATIVES ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on activities of political action committees in house of representatives elections ``Sec. 323. Notwithstanding any other provision of this Act, no person other than an individual or a political committee may make contributions, solicit or receive contributions, or make expenditures for the purpose of influencing an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Definition of Political Committee.--(1) Section 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended to read as follows: ``(4) The term `political committee' means-- ``(A) the principal campaign committee of a candidate; ``(B) any national, State, or district committee of a political party, including any subordinate committee thereof; and ``(C) any local committee of a political party which-- ``(i) receives contributions aggregating in excess of $5,000 during a calendar year; ``(ii) makes payments exempted from the definition of contribution or expenditure under paragraph (8) or (9) aggregating in excess of $5,000 during a calendar year; or ``(iii) makes contributions or expenditures aggregating in excess of $1,000 during a calendar year.''. (2) Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking out subparagraph (C). (c) Candidate's Committees.--(1) Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) For the purposes of the limitations provided by paragraphs (1) and (2), any political committee which is established or financed or maintained or controlled by any candidate or Federal officeholder shall be deemed to be an authorized committee of such candidate or officeholder.''. (2) Section 302(e)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(e)(3)) is amended to read as follows: ``(3) No political committee that supports or has supported more than one candidate may be designated as an authorized committee, except that a candidate for the office of President nominated by a political party may designate the national committee of such political party as the candidate's principal campaign committee, but only if that national committee maintains separate books of account with respect to its functions as a principal campaign committee.''. (d) Rules Applicable When Ban Not in Effect.--For purposes of the Federal Election Campaign Act of 1971, during any period in which the limitation under section 323 of that Act (as added by subsection (a)) is not in effect-- (1) the amendments made by subsections (a) and (b) shall not be in effect; and (2) it shall be unlawful-- (A) for any person that is treated as a political committee by reason of paragraph (1) and is directly or indirectly established, administered, or supported by a connected organization which is a corporation, labor organization, or trade association to make contributions to any candidate or the candidate's authorized committee; and (B) for any person that is treated as a political committee by reason of paragraph (1) and is not directly or indirectly established, administered, or supported by a connected organization which is a corporation, labor organization, or trade association to make contributions to any candidate or the candidate's authorized committee for any election aggregating in excess of $1,000. SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. ``(2) As used in this subsection, the term `local individual resident' means an individual who resides in the congressional district involved. ``(3)(A) Any candidate who accepts contributions that exceed the limitation under this subsection with respect to the pre-election report period or the post-election report period shall pay to the Commission, for deposit in the Treasury, an amount equal to 5 times the amount of the excess contributions plus a civil penalty in an amount determined by the Commission. ``(B) Any candidate who accepts contributions that exceed the limitation under this subsection with respect to a period other than a period referred to in subparagraph (A) shall pay to the Commission, for deposit in the Treasury, an amount equal to 3 times the amount of the excess contributions. ``(C) Each report under section 304(a)(6) shall include a certification by the treasurer of the committee that the contributions reported do not exceed the limitation under this subsection.''. SEC. 3. EXPENDITURE LIMITATION OF $600,000 FOR EACH HOUSE OF REPRESENTATIVES CANDIDATE. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this Act, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make expenditures of more than $600,000 with respect to a general election, including any primary election related to such general election.''. SEC. 4. PERSONAL CONTRIBUTION LIMITATION OF $100,000 FOR EACH HOUSE OF REPRESENTATIVES CANDIDATE. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: ``(k) Notwithstanding any other provision of this Act, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make personal contributions of more than $100,000 with respect to a general election, including any primary election related to such general election.''. SEC. 5. BAN ON INDEPENDENT EXPENDITURES IN HOUSE OF REPRESENTATIVES ELECTIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 1, is further amended by adding at the end the following new section: ``ban on independent expenditures in house of representatives elections ``Sec. 324. Notwithstanding any other provision of this Act, no person may make any independent expenditure with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. SEC. 6. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE. Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended-- (1) in subparagraph (B) of paragraph (8), by striking out ``include--'' in the matter before clause (i) and all that follows through the end of the subparagraph, and inserting in lieu thereof ``include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee.''; (2) by striking out paragraph (9)(B); (3) by redesignating paragraph (9)(A) as paragraph (9); and (4) by redesignating clauses (i) and (ii) of paragraph (9), as so redesignated by paragraph (3) of this subsection, as subparagraphs (A) and (B), respectively. SEC. 7. FRANKING PROVISIONS. (a) Limitation on Mass Mailings During an Election Year.-- (1) In general.--Paragraph (6) of section 3210(a) of title 39, United States Code, is amended by adding at the end the following: ``(G)(i) A Member of or Member-elect to the House may not, during any even-numbered calendar year, mail any mass mailing as franked mail which is postmarked on or before the Tuesday next after the 1st Monday in November of such year. ``(ii) Nothing in clause (i) shall be considered to make permissible, with respect to the portion of the year remaining after the Tuesday referred to in such clause, the mailing of any mass mailing which would be impermissible under any other provision of law or any rule or regulation.''. (2) Conforming amendment.--Subparagraph (F) of section 3210(a)(6) of such title is amended by striking ``(A) and (C)'' and inserting ``(A), (C), and (G),''. (b) Definition of a Mass Mailing.-- (1) In general.--Paragraph (6) of section 3210(a) of title 39, United States Code, as amended by subsection (a), is further amended by adding at the end the following: ``(H) For purposes of applying this section with respect to a Member of or Member-elect to the House, subparagraph (E) shall be deemed to be amended-- ``(i) by striking `500' and inserting `25'; and ``(ii) by striking `or' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting `; or', and by adding after clause (iii) the following: `` `(iv) in furtherance of the administrative duties of the Member.'.''. (2) Conforming amendment.--Subparagraph (E) of section 3210(a)(6) of such title is amended by striking ``As used'' and inserting ``Subject to subparagraph (H), as used''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to mail sent on or after such date. For purposes of any determination as to whether or not a mailing sent by a Member of or Member-elect to the House of Representatives constitutes a mass mailing, mail sent before such date shall be considered separately from any mail sent on or after such date.

Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative). Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual. Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee. Sets forth rules applicable when the ban is not in effect. (Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations. (Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election. (Sec. 5) Prohibits any person from making independent expenditures in House elections. (Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term. (Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year. Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Teacher Training Act of 2001''. SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS. (a) In General.--The Secretary of Education, through the Office of Educational Technology established under section 216 of the Department of Education Organization Act (20 U.S.C. 3425), may award grants on a competitive basis to local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) to assist such agencies in providing intensive classroom-related computer training for teachers. (b) Minimum Grant Amount.--A grant awarded pursuant to subsection (a) shall be for not less than $10,000,000. (c) Requirements of Grant.--A grant awarded pursuant to subsection (a) shall provide that-- (1) the grantee will enter into a contract with an institution of higher education or another nonprofit educational provider (hereafter in this section referred to as the ``contractor'') under which the contractor will agree to establish, operate, and provide the non-Federal share of the cost of a teacher training program described in such subsection; (2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating a teacher training program as provided in paragraph (1); and (3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section. (d) Teacher Training Programs.--The teacher training programs authorized in subsection (a)-- (1) shall be conducted during the school year and during the summer months; (2) shall train teachers who teach grades kindergarten through college; (3) shall select teachers to become members of a teacher network whose members will conduct workshops for other teachers employed by the local educational agency; and (4) shall encourage teachers from all disciplines to participate in such teacher training programs. (e) Supplement and not Supplant.--Grants awarded pursuant to this section shall be used to supplement and not supplant State and local funds available for the purpose set forth in subsection (a). SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT FOR TEACHERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified technology-related expenses paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1,000 with respect to each eligible teacher. ``(c) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means any individual-- ``(1) who, at the time the expense is paid or incurred, is a full-time teacher for any of grades K-12 in the United States, or ``(2) who reasonably expects to be such a full-time teacher for the academic year beginning in the taxable year in which such expense is paid or incurred. ``(d) Qualified Technology-Related Expenses.-- ``(1) In general.--For purposes of this section, the term `qualified technology-related expenses' means expenses-- ``(A) which would (but for subsection (e)) be allowed as a deduction under this chapter by reason of being related to teaching activities referred to in subsection (c), and ``(B) which are for training in the use of technology (including computers) in the classroom. ``(2) Computers included.--Such term includes the cost of any computer or technology equipment (as defined in section 170(e)(6)(F)) if at least 50 percent of the use of which (whether or not in the classroom) is related to teaching activities as an eligible teacher. ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which a credit is allowed under this section. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply to any taxable year.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Technology-related professional development expenses of teachers.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO CHARITIES. (a) Extension of Age of Eligible Computers.--Clause (ii) of section 170(e)(6)(B) of the Internal Revenue Code of 1986 (defining qualified computer contribution) is amended by striking ``date'' the first place it appears and all that follows and inserting the following: ``date-- ``(I) the taxpayer acquired or reacquired the property, ``(II) construction of the property is substantially completed in the case of property constructed by the taxpayer for its own use in its trade or business and which is not inventory with respect to the taxpayer, or ``(III) the property was originally sold, leased, or otherwise disposed of by the taxpayer in the case of property reacquired by the taxpayer.''. (b) Reacquired Computers Eligible for Donation.--Clause (iii) of section 170(e)(6)(B) of such Code (defining qualified computer contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45E. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. ``(a) General Rule.--For purposes of section 38, the school and public library computer donation credit determined under this section is an amount equal to 30 percent of the qualified computer contributions made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools or Public Libraries in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified computer contribution to an educational organization, public library, or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Limitation.--No credit shall be allowed under subsection (a) for the contribution of a computer (as defined in section 168(i)(2)(B)(ii)) if the computer software (as defined in section 197(e)(3)(B)) that serves as the operating system of such computer has not been lawfully installed. ``(d) Qualified Computer Contribution.--For purposes of this section, the term `qualified computer contribution' has the meaning given such term by section 170(e)(6)(B). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(f) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the 21st Century Teacher Training Act of 2001.'' (b) Current Year Business Credit Calculation.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the school and public library computer donation credit determined under section 45E(a).''. (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School and Public Library Computer Donations.--No deduction shall be allowed for that portion of the qualified computer contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45E(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(10) No carryback of school and public library computer donation credit before effective date.--No amount of unused business credit available under section 45E may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45D the following: ``Sec. 45E. Credit for computer donations to schools and public libraries.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

21st Century Teacher Training Act of 2001 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide programs of intensive classroom-related computer training for teachers. Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers that will establish, operate, and provide the non-Federal share of the cost of such programs.Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers. Establishes a business-related tax credit for donations of computers to schools and public libraries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Legacy Reauthorization Act of 2008''. SEC. 2. DEFINITIONS. Section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)) is amended-- (1) in subparagraph (I) by striking ``and'' at the end; (2) in subparagraph (J) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(K) `site characterization' means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the Environmental Protection Agency's guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States; and ``(L) `potentially responsible party' means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.''. SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN. (a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended by striking ``sediment'' and inserting ``sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment''. (b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C. 1268(c)(12)(D)) is amended-- (1) in the subparagraph heading by striking ``Limitation'' and inserting ``Limitations''; (2) in clause (i) by striking ``or'' at the end; (3) in clause (ii) by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(iii) unless each non-Federal sponsor for the project has entered into a written project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or ``(iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site.''. (c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act (33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows: ``(ii) In-kind contributions.-- ``(I) In general.--The non-Federal share of the cost of a project carried out under this paragraph may include the value of an in-kind contribution provided by a non-Federal sponsor. ``(II) Credit.--A project agreement described in subparagraph (D)(iii) may provide, with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Administrator determines that the material or service provided as the in-kind contribution is integral to the project. ``(III) Work performed before project agreement.-- In any case in which a non-Federal sponsor is to receive credit under subclause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of the date of enactment of this subclause, the Administrator and the non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit. ``(IV) Limitation.--Credit authorized under this clause for a project carried out under this paragraph-- ``(aa) shall not exceed the non-Federal share of the cost of the project; and ``(bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Administrator. ``(V) Inclusion of certain contributions.--In this subparagraph, the term `in-kind contribution' may include the costs of planning (including data collection), design, construction, and materials that are provided by the non-Federal sponsor for implementation of a project under this paragraph.''. (d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33 U.S.C. 1268(c)(12)(E)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: ``(iii) Treatment of credit between projects.--Any credit provided under this subparagraph towards the non- Federal share of the cost of a project carried out under this paragraph may be applied towards the non-Federal share of the cost of any other project carried out under this paragraph by the same non-Federal sponsor for a site within the same area of concern.''; and (3) in clause (iv) (as redesignated by paragraph (1) of this subsection) by striking ``service'' each place it appears and inserting ``contribution''. (e) Site Characterization.--Section 118(c)(12)(F) of such Act (33 U.S.C. 1268(c)(12)(F)) is amended to read as follows: ``(F) Site characterization.-- ``(i) In general.--The Administrator, in consultation with any affected State or unit of local government, shall carry out at Federal expense the site characterization of a project under this paragraph for the remediation of contaminated sediment. ``(ii) Limitation.--For purposes of clause (i), the Administrator may carry out one site assessment per discrete site within a project at Federal expense.''. (f) Authorization of Appropriations.--Section 118(c)(12)(H) of such Act (33 U.S.C. 1268(c)(12)(H)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) In general.--In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2010.''; and (2) by adding at the end the following: ``(iii) Allocation of funds.--Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year may be used to carry out subparagraph (F).''. (g) Public Information Program.--Section 118(c)(13)(B) of such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and inserting ``2010''. SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 1271a(b)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Great Lakes Legacy Reauthorization Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define: (1) "site characterization" as a process for monitoring and evaluating sediment contamination under the Environmental Protection Agency's (EPA) guidance for the assessment of contaminated sediment in an area of concern in the United States; and (2) "potentially responsible party" to mean an individual or entity that may be liable under any federal or state authority used to facilitate the cleanup and protection of the Great Lakes. Includes aquatic habitat restoration activities among activities the Great Lakes National Program Office is authorized to implement for the remediation of sediment contamination in areas of concern. Prohibits the Administrator from implementing such a remediation project unless: (1) each nonfederal sponsor has entered into a written agreement under which each party agrees to carry out its responsibilities and requirements for the project; and (2) the Administrator provides assurance that EPA has conducted a reasonable inquiry to identify potentially responsible parties. Revises provisions concerning the nonfederal share of project costs. Requires the Administrator to implement, at federal expense, one site characterization per site within a project for the remediation of contaminated sediment. Repeals a prohibition against implementing a project unless the nonfederal sponsor agrees to maintain aggregate expenditures from all other sources for remediation programs in the area of concern or above the average level of such expenditures in the two fiscal years preceding the date the project is initiated. Authorizes appropriations through FY2010 for: (1) such remediation projects; (2) a public information program to provide information relating to such remediation; and (3) the development and use of innovative approaches, technologies, and techniques for such remediation. Limits to 20% of the amount of funds appropriated for remediation projects that may be used for site characterization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency and Conservation Incentives Act of 2001''. SEC. 2. ALLOWANCE OF DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND RETROFITTED QUALIFIED METERS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND RETROFITTED METERS. ``(a) Allowance of Deduction.--There shall be allowed as a deduction-- ``(1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year, and ``(2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of-- ``(A) $30, or ``(B) the adjusted basis of such meter. ``(b) Definitions.-- ``(1) Qualified energy management device.--For purposes of this section, the term `qualified energy management device' means any meter or metering device acquired and used by an electric energy or natural gas supplier or service provider to enable consumers or others to manage their purchase, sale, or use of electricity or natural gas in response to energy price and usage signals. ``(2) Qualified retrofitted meter.--For purposes of this section, the term `qualified retrofitted meter' means an electric energy or natural gas meter or metering device that has been modified by the addition of equipment designed to enable users to manage the purchase, sale, or use of electricity and natural gas in response to energy price and usage signals. ``(3) Placed in service.--For purposes of this section, the term `placed in service' means interconnected with other devices in a manner that permits reading of energy price and usage signals on at least a daily basis. ``(4) Cost of meters includes cost of installation.--The cost of any qualified energy management device or qualified retrofitted meter referred to in paragraph (1) or (2) shall include the cost of the original installation of such property. ``(c) Devices Installed Outside the United States Not Qualified.-- No deduction shall be allowed under subsection (a) with respect to any qualified energy management device or qualified retrofitted meter placed in service outside the United States. ``(d) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the amount of the deduction with respect to such property which is allowed by subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property that is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by inserting after paragraph (27) the following new paragraph: ``(28) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of contents for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Deduction for qualified energy management devices and retrofitted meters.''. (c) Effective Date.--The amendments made by this section shall apply to qualified energy management devices placed in service after the date of the enactment of this Act and to qualified retrofitted meters that are placed in service after, or that are in use as of, the date of the enactment of this Act. SEC. 3. 3-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT DEVICES. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) 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) any qualified energy management device.''. (b) Definition of Qualified Energy Management Device.--Section 168(i) of such Code (relating to definitions and special rules) is amended by inserting at the end the following new paragraph: ``(15) Qualified energy management device.--The term `qualified energy management device' means a meter or metering device that is acquired and used by an electric energy or natural gas supplier or service provider to enable consumers and others to manage their purchase, sale, and use of electricity or natural gas in response to energy price and usage signals that are readable on at least a daily basis. For purposes of the preceding sentence, the cost of any qualified energy management device shall (at the election of the taxpayer) include the cost of the original installation of such property.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000.

Energy Efficiency and Conservation Incentives Act of 2001 - Amends the Internal Revenue Code to allow as a deduction: (1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year; and (2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of $30 or the adjusted basis of such meter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Jobs Creation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to provide employment opportunities for coastal communities by increasing support for-- (1) cooperative research and monitoring; (2) the revitalization of coastal infrastructure; (3) recreational fishing registry programs; (4) marine debris removal; and (5) restoration of coastal resources. SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM. (a) Establishment.--The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall use funds made available under this Act to implement a Coastal Jobs Creation Grant Program using the authorities listed in subsection (b). The Secretary shall expend such funds as quickly as possible consistent with prudent management. (b) Authorities.--The authorities referred to in subsection (a) are authorities under the following laws: (1) Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a). (2) Section 315(e) of the Coastal Zone Management Act (16 U.S.C. 1461(e)). (3) Section 204 of the Coral Reef Conservation Act (16 U.S.C. 6403). (4) Section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603). (5) Section 318 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1867). (6) Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)). (7) Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952). (8) Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1). (9) Section 311 of the National Marine Sanctuaries Act (16 U.S.C. 1442). (10) Section 205 of the National Sea Grant College Program Act (33 U.S.C. 1124). (c) Activities.--Activities funded under the Coastal Jobs Creation Grant Program shall include the following: (1) Cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management. (2) Cooperative research to identify habitat areas of particular concern and for habitat restoration and conservation. (3) Improving the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey. (4) Establishment and implementation of State recreational fishing registry programs. (5) Training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (6) Preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values. (7) Redevelopment of deteriorating and underutilized working waterfronts and ports. (8) Research and monitoring within the National Estuarine Research Reserve System, the National Marine Sanctuary System, and coral reef ecosystems, and under the National Sea Grant College Program. (9) Implementation of local strategies developed by State or Federal agencies to conserve coral reef ecosystems. (10) Research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies. (11) Cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments. (12) Cooperative research to assess the amount and type of bycatch and to engineer gear types designed to reduce bycatch. (13) Reducing and preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety. (d) Funding Criteria.--The Secretary may not make funds available under this Act for a proposed project unless the project, to the maximum extent practicable-- (1) provides the greatest employment opportunities for coastal communities and benefits commercial and recreational fishing industries; (2) replicates or builds upon a successful local, State, Federal, or tribal project; (3) utilizes existing fishing community infrastructure, including idled fishing vessels; (4) supports research and monitoring that improves science- based management decisions; or (5) contributes to restoring, protecting, or preserving coastal and ocean ecosystems. (e) Guidelines.--Within 30 days after the date of enactment of this Act, the Secretary shall develop guidelines necessary to implement the Coastal Jobs Creation Grant Program. SEC. 4. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. Section 401(g) of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) Funding.--The Secretary, subject to the availability of appropriations, shall enter into contracts with, or provide grants to, States for the purpose of establishing and implementing a registry program to meet the requirements for exemption under paragraph (2).''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out the Coastal Jobs Creation Grant Program there is authorized to be appropriated to the Secretary of Commerce $80,000,000 for each of fiscal years 2011 through 2015, of which no more than 5 percent may be used each fiscal year for administrative expenses of such program.

Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include: (1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management: (2) establishment and implementation of state recreational fishing registry programs; (3) training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act; (4) preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values; (5) redevelopment of deteriorating and underutilized working waterfronts and ports; (6) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies; (7) cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments; and (8) other specified activities. Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to enter into contracts with, or provide grants to, states for the purpose of establishing and implementing a registry program to meet the requirements for the exemption from registration of a regional standardized fishing vessel registration and information management system program for state licensed recreational fishermen and charter fishing vessels when the Secretary determines that information from the state program is suitable for the Secretary's use in completing marine recreational fisheries statistical surveys or evaluating the effects of proposed conservation and management measures for marine recreational fisheries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools and Libraries Internet Access Act''. SEC. 2. REPEAL OF FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6); (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``education, public health, or''; and (B) by striking paragraph (3); and (3) by striking subsection (h). SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS SERVICES. (a) Phase-Out of Tax.--Section 4251(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--The term `applicable percentage' means-- ``(A) 3.0 percent with respect to amounts paid pursuant to bills first rendered before January 1, 1999; and ``(B) 1.0 percent with respect to amounts paid pursuant to bills first rendered on or after January 1, 1999, and before October 1, 2003.'' (b) Repeal of Tax.--Subchapter B of chapter 33 of the Internal Revenue Code of 1986 is repealed effective with respect to bills first rendered on or after October 1, 2003. SEC. 4. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9410 the following: ``SEC. 9511. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust found to be known as the `Telecommunications Technology Trust Fund', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Telecommunications Technology Trust Fund Amounts Equivalent of Certain Taxes.--There are hereby appropriated to the Telecommunications Technology Trust Fund amounts equivalent to 100 percent of the taxes received in Treasury after December 31, 1998, under section 4251 (relating to tax on communications). ``(c) Expenditures From Telecommunications Technology Trust Fund.-- Amounts in the Telecommunications Technology Trust Fund shall be available for making expenditures to carry out the provisions of section 106 of the National Telecommunications and Information Administration Organization Act. ``(d) Sunset.--The provisions of this section shall cease to be effective on October 1, 2003.''. SEC. 5. PROVISION OF TELECOMMUNICATIONS SERVICES TO SCHOOLS, LIBRARIES, AND RURAL HEALTH CARE PROVIDERS. Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 106. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES. ``(a) Provision of Certain Telecommunications and Related Services.-- ``(1) Grants authorized.--The Secretary (or the Secretary's designee) shall award a grant for a fiscal year to each State having an approved plan under paragraph (3) for the following purposes: ``(A) To assist in acquiring telecommunications and related services which are necessary for the provision of health care services, including instruction relating to such telecommunications and related services, by any public or nonprofit health care provider that serves persons who reside in a rural area, as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)). ``(B) To assist in acquiring telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes. ``(2) Allocation of funds.--From amounts appropriated pursuant to subsection (b), the Secretary shall allocate to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico as follows, except that no State shall receive less than \1/2\ of 1 percent of such amount: ``(A) Fifty percent shall be allocated among such jurisdictions on the basis of their relative populations of individuals aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Fifty percent shall be allocated among such jurisdictions in accordance with the relative amounts such jurisdictions received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. ``(3) State plans.--In order for a State to receive a grant or an allocation of funds under this part for any fiscal year, such State shall have in effect for such fiscal year a State plan. Such plan shall-- ``(A) designate the State educational agency (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965) as the State agency responsible for the administration of the program assisted under this part; ``(B) set forth a program under which funds paid to the State in accordance with this section will be expended solely for-- ``(i) acquiring certain telecommunications and related services under subsection (a); and ``(ii) administration of the State plan, except that the amount used for administration of the State plan in any fiscal year shall not exceed 2 percent of the amount available to such State under this section for such fiscal year; ``(C) set forth criteria to be used in allotting funds among the eligible entities in the State, taking into consideration the relative economic need of the eligible entities, including the number of students or other persons who are-- ``(i) living in areas with high concentrations of low-income families; ``(ii) from or part of a low-income family; and ``(iii) living in sparsely populated areas; and ``(D) contain assurance that funds paid to the State in accordance with this section will be expended in accordance with the regulations prescribed by the Secretary under paragraph (5). ``(4) Terms and conditions.--Telecommunications and related services and network capacity provided to a school, library, or health care provider under this section may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value. ``(5) Rulemaking authority.--The Secretary (or the Secretary's designee) shall prescribe such regulations as may be necessary to establish qualifications and conditions to carry out the provisions of this section. Such regulations shall include criteria by which States shall determine, in the case of any acquisition of telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes that includes the installation of equipment within any such school or library, whether the installation is essential to permit such school or library to have access to advanced technologies. ``(6) Definitions.--For purposes of this section: ``(A) Elementary and secondary schools.--The terms `elementary schools' and `secondary schools' have the same meanings given those terms in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965. ``(B) Health care provider.--The term `health care provider' includes-- ``(i) post-secondary educational institutions offering health care instructions, teaching hospitals, and medical schools; ``(ii) community health centers or health centers providing health care to migrants; ``(iii) local health departments or agencies; ``(iv) community mental health centers; ``(v) not-for-profit hospitals; ``(vi) rural health clinics; and ``(vii) consortia of health care providers consisting of 1 or more of the above described entities. ``(C) Eligible entities.--Notwithstanding subparagraph (A) or (B), no entity shall be entitled to receive grants authorized under this section if such entity operates as other than a not-for-profit business, is a school described in subparagraph (A) with an endowment of more than $50,000,000, or is a library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act. ``(b) Expenditure Authority.-- ``(1) Appropriations from trust fund.-- ``(A) Authorization.--Subject to subparagraphs (B) and (C), there are authorized to be appropriated from the Telecommunications Technology Trust Fund, established pursuant to section 9511 of the Internal Revenue Code of 1986, such funds as may be necessary for each of the fiscal years 1999 through 2003 to fund-- ``(i) the grants authorized by section (a)(1); and ``(ii) such expenditures as may be necessary to administer the programs established by this section. ``(B) Limitation based on collections.--No amount may be appropriated pursuant to subparagraph (A) for a fiscal year for grants pursuant to section (a)(1) that in the aggregate exceed 100 percent of the trust fund receipts credited to the Telecommunications Technology Trust Fund with respect to the preceding fiscal year. ``(C) Fiscal year 1999 limitation.--The amount appropriated under subparagraph (A) for fiscal year 1999 shall not exceed $1,700,000,000. ``(D) Unexpended balances.--Any balances in the Telecommunications Technology Trust Fund after deduction of the amount appropriated under subparagraph (A) for any fiscal year are authorized to be transferred to and deposited in the general fund of the Treasury, to the extent so provided in an appropriations Act. ``(2) Appropriations after expiration of tax receipts.--For fiscal year 2004 and each of the succeeding fiscal years, there are authorized to be appropriated, from funds in the Treasury not otherwise appropriated, not to exceed $500,000,000 to fund-- ``(A) the grants authorized by section (a)(1); and ``(B) such expenditures as may be necessary to administer the programs established by this section.''. SEC. 6. EFFECTIVE DATES. (a) Delayed Date.--The amendments made by sections 2 and 5 of this Act shall be effective 180 days after the date of enactment of this Act. (b) Immediate Effect.--The amendments made by sections 3 and 4 of this Act shall be effective on the date of enactment of this Act.

Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries. Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003. Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003. Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Research and Manufacturers Accountability Act of 2005'' or the ``PhRMA Act of 2005''. SEC. 2. CONCEALMENT OF SERIOUS ADVERSE DRUG EXPERIENCE. (a) Penalty for Knowing Concealment of Serious Adverse Drug Experience.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) An individual who violates a provision of section 301 shall be imprisoned for a term of a minimum of 20 years and a maximum of life, fined not more than $2,000,000, or both, if-- ``(1) the individual is employed as the chief executive officer or a member of the senior executive management group of the manufacturer of a drug; and ``(2) the violation involves, with respect to such drug, knowing concealment by the individual of evidence of a serious adverse drug experience (as that term is defined in section 505(o)).''. (b) Annual Attestation by CEO Regarding Any Serious Adverse Drug Experience.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 505 (21 U.S.C. 355), by adding at the end the following: ``(o) Annual Attestation by CEO Regarding Any Serious Adverse Drug Experience.-- ``(1) Requirement.--For each drug for which an approval of an application filed under subsection (b) or (j) is in effect, the Secretary shall require the chief executive officer of the manufacturer of the drug to submit a separate, written attestation on an annual basis-- ``(A) stating that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and ``(B) describing the process by which the manufacturer ensures that such disclosure has occurred. ``(2) Definitions.--For purposes of this subsection: ``(A) The term `evidence of any serious adverse drug experience' includes any evidence of a serious adverse drug experience that-- ``(i) is obtained by the manufacturer involved from any source of information, foreign or domestic, including any information obtained from a clinical trial conducted before or after approval of the drug, from postmarketing surveillance of the drug, or from a postmarketing report by a physician; or ``(ii) is required by any provision of this Act to be reported by the manufacturer to the Secretary. ``(B) The term `serious adverse drug experience' means an adverse drug experience occurring at any dose that results in-- ``(i) death, a life-threatening adverse drug experience, inpatient hospitalization, prolongation of existing hospitalization, a persistent or significant disability or incapacity, or a congenital anomaly or birth defect; or ``(ii) a medical event that, based on appropriate medical judgment, may jeopardize the patient or subject and may require medical or surgical intervention to prevent one of the outcomes listed in clause (i). ``(3) Initial attestation.--The Secretary shall require that the first attestation under this subsection for a drug be submitted-- ``(A) in the case of a drug for which approval of an application filed under subsection (b) or (j) is in effect on the date of the enactment of this subsection, not later than 1 year after such date; and ``(B) in the case of any other drug, not later than 1 year after the the date of such approval for the drug. ``(4) Failure to submit.--If the chief executive officer of a manufacturer of a drug for which an approval of an application filed under subsection (b) or (j) is in effect fails to submit a timely attestation for the drug as required by paragraph (1), the Secretary-- ``(A) may issue an order withdrawing approval of the application; and ``(B) shall not revoke such an order, or otherwise approve or reinstate the application, unless-- ``(i) the Secretary conducts a review of the drug's safety; ``(ii) the Secretary determines that the drug is safe for use; and ``(iii) the manufacturer reimburses the Secretary for the costs of such review and determination. ``(5) Supplemental information.--In conducting a review under paragraph (4)(B)(i), the Secretary may require the manufacturer of the drug involved to submit supplemental information on the drug's safety.''; (2) in section 301 (21 U.S.C. 331), by inserting at the end the following: ``(hh) The failure to submit an attestation in accordance with section 505(o).''; and (3) in section 303 (21 U.S.C. 333), as amended by subsection (a), by adding at the end the following: ``(i)(1) A person who violates section 301(hh) by failing to submit an attestation in accordance with section 505(o) shall be fined-- ``(A) in the case of an individual, in accordance with title 18, United States Code; and ``(B) in the case of any other person, not more than $1,000,000. ``(2) Each 30-day period during which such violation continues shall constitute a separate offense.''. (c) Deadline for Postmarketing Studies.-- (1) In general.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (A) in section 505 (21 U.S.C. 355), as amended by subsection (b)(1), by adding at the end the following: ``(p) Deadline for Postmarketing Studies of Drugs.-- ``(1) Requirement.--If the Secretary requires the manufacturer or sponsor of a drug to conduct a postmaketing study of the drug, the Secretary shall require the manufacturer or sponsor to complete the study by a specified deadline. ``(2) Extension.--On request, the Secretary may extend a deadline established under this subsection.''; (B) in section 301 (21 U.S.C. 331), as amended by subsection (b)(2), by inserting at the end the following: ``(ii) The failure to complete a postmarketing study by the deadline established by the Secretary for such study under section 505(p).''; and (C) in section 303 (21 U.S.C. 333), as amended by subsections (a) and (b)(3), by adding at the end the following: ``(j) A person who violates section 301(ii) by failing to complete a postmarketing study for a drug by the deadline established by the Secretary for such study under section 505(p) shall be fined not more than $5,000,000. Each 30-day period during which such violation continues shall constitute a separate offense.''. (2) Application.--The amendments made by this subsection apply only with respect to a drug for which an application is filed under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 33) on or after the date of the enactment of this Act. (d) Prohibition Against Indemnification.--No person shall indemnify the chief executive officer of a drug manufacturer or any other individual for any fine incurred under the amendments made by this Act.

Pharmaceutical Research and Manufacturers Accountability Act of 2005 or the PhRMA Act of 2005 - Sets forth penalties for violations of acts prohibited under the Federal Food, Drug, and Cosmetic Act by an individual employed as the chief executive officer or as a member of the senior executive management group of the manufacturer of a drug, where the violation involves knowing concealment of evidence of a serious adverse drug experience. Requires the Secretary of Health and Human Services to require the chief executive officer of the manufacturer of a Food and Drug Administration (FDA)-approved drug to annually: (1) attest that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and (2) describe the process by which the manufacturer ensures that such disclosure has occurred. Allows the Secretary to withdraw an approval for such a drug for failure to provide such an attestation. Prohibits a chief executive officer of a manufacturer of such a drug from failing to provide such an attestation. Requires the Secretary to direct a manufacturer or sponsor of a drug to complete any required postmarketing study of that drug by a specified deadline. Allows the Secretary to extend such a deadline. Sets forth penalties for failing to meet such a deadline.

SECTION 1. FINDINGS. The Congress finds that-- (1) Ukraine allows its citizens the right and opportunity to emigrate, free of any heavy tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice; (2) Ukraine has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (3) since reestablishing independence in 1991, Ukraine has taken important steps toward the creation of democratic institutions and a free-market economy and, as a member state of the Organization for Security and Cooperation in Europe (OSCE), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act''); (4) Ukraine has shown progress towards meeting international commitments and standards in its most recent Parliamentary elections, recognizing that significant problems remain, including shortcomings in the implementation of Ukraine's election laws, illegal interference by public authorities in the electoral process, and intimidation against opposition contestants, activists, and voters. (5) Ukraine is committed to addressing issues relating to its national and religious minorities as a member state of the OSCE and to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally; (6) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, hostility, or hatred, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and preventing racial and ethnic intolerance and hatred; (7) Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (8) Ukraine is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, is facilitating the revival of those minority groups, and is in the process of developing a legislative framework for completing this process, as was confirmed in a letter to the President of the United States; (9) Ukraine has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; (10) Ukraine is making progress toward accession to the World Trade Organization, recognizing that many central issues remain to be resolved, including commitments relating to protection of intellectual property rights, tariff and excise tax reductions for goods (including automobiles), trade in services, agricultural subsidy levels, elimination of export incentives for industrial goods, reform of customs procedures and technical, sanitary, and phytosanitary measures, and inclusion of trade remedy provisions; (11) Ukraine has enacted some protections reflecting internationally recognized labor rights, but serious gaps remain both in the country's legal regime and its enforcement record, with areas of particular concern including restrictions on independent unions, interference in collective bargaining of independent unions, and unsafe conditions at work; (12) Ukraine has established exemplary relations with all neighboring countries, and pursues a course of European integration with a commitment to ensuring democracy and prosperity for its citizens; and (13) Ukraine has participated with the United States in its peacekeeping operations in Europe and has provided important cooperation in the global struggle against international terrorism. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO UKRAINE. (a) Presidential Determinations and Extensions of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine-- (1) title IV of the Trade Act of 1974, except for section 406, shall cease to apply to that country; and (2) section 406 of the Trade Act of 1974 shall apply to Ukraine to the same extent as such section applies to a Communist country. SEC. 3. POLICY OF THE UNITED STATES. It is the policy of the United States that the United States remain fully committed to a multifaceted engagement with Ukraine, including by-- (1) urging Ukraine to continue its current policy-- (A) of providing for the free emigration of its citizens; (B) of safeguarding religious liberty throughout Ukraine; (C) of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence; and (D) of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future; (2) working with Ukraine, including through the Secretary of Labor and other appropriate executive branch officials, to address the areas described in section 1(11) and ensuring that progress is made in such areas as part of Ukraine's eligibility for the Generalized System of Preferences under title V of the Trade Act of 1974, as required by title V of that Act; (3) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for United States businesses, farmers, and workers, and promote adoption of market principles and policies by Ukraine; (4) ensuring that Ukraine makes substantial and meaningful progress in enacting and enforcing the protection of intellectual property before Ukraine joins the World Trade Organization, and considering such progress as part of Ukraine's eligibility for the Generalized System of Preferences under title V of the Trade Act of 1974, as required by title V of that Act; and (5) continuing rigorous monitoring by the United States of human rights issues in Ukraine, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions. SEC. 4. REPORTING REQUIREMENT. The reports required by sections 102(b) and 203 of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and 6433) shall include an assessment of the status of the issues described in section 3(1).

Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Ukraine.Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Ukraine, including by: (1) urging the Ukraine to continue its policy of providing for the free emigration of its citizens and recognizing human rights; and (2) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for U.S. businesses, farmers, and workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO BAYOU, TEXAS. (a) Findings.--The Congress finds the following: (1) The area beginning at Shepherd Drive in west Houston, Texas, and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou'', made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Buffalo Bayou is distinctive as the first spine of modern industrial development in Texas and one of the first along the Gulf of Mexico coast. (3) The Buffalo Bayou played a significant role in the struggle for Texas independence. (4) The Buffalo Bayou developed a prosperous and productive shipping industry that survives today. (5) The Buffalo Bayou led in the development of Texas' petrochemical industry that made Houston the center of the early oil boom in America. (6) The Buffalo Bayou developed a sophisticated shipping system, leading to the formation of the modern day Houston Ship Channel. (7) The Buffalo Bayou developed a significant industrial base, and served as the focal point for the new city of Houston. (8) There is a longstanding commitment by the Buffalo Bayou Partnership, Inc., to complete the Buffalo Bayou Trail along the 12-mile segment of the Buffalo Bayou. (9) There is a need for assistance for the preservation and promotion of the significance of the Buffalo Bayou as a system for transportation, industry, commerce, and immigration. (10) The Department of the Interior is responsible for protecting the Nation's cultural and historical resources. There are significant examples of such resources within the Buffalo Bayou region to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the Buffalo Bayou Partnership, Inc., the State of Texas, and other local and governmental entities, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Study.-- (1) In general.--The Secretary shall, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in Houston, Texas. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Houston, Texas, in an area roughly bounded by Shepherd Drive and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou''. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Buffalo Bayou National Heritage Area Study Act - Requires the Secretary of the Interior, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas.Sets forth the requirements for such study, including analysis and documentation regarding whether the Study Area: (1) has resources that represent distinctive aspects of American heritage best managed though public/private partnerships; (2) has traditions and folklife reflective of valuable parts of the national story; (3) provides conservation, recreational, and educational opportunities; (4) contains resources supporting interpretation; (5) has a developed financial plan and a potential management entity; and (6) has a conceptual boundary supported by the public.Sets forth the boundaries of the Area. Requires the Secretary to report to the appropriate congressional committees within three years of receiving funding for this study,.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traveling Exotic Animal and Public Safety Protection Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) conditions inherent to traveling performances, including constant travel, temporary and collapsible facilities, and the prolonged confinement and physical coercion of animals, subject exotic and wild animals to compromised welfare and chronic stress, and present public and worker health and safety risks not adequately addressed by current regulation; (2) current regulatory oversight of traveling performances is complex and costly, and these costs are not typically recouped via licensing fees, but are left to the American taxpayer; (3) the frequent mobility of traveling performances complicates oversight such that agencies and authorities cannot properly monitor, evaluate, or follow through regarding the condition of animals or facilities, or their history of potential injuries, incidents, illnesses, violations, or other issues, and so cannot properly protect animals, workers, or the public; (4) traveling exotic and wild animal performances use collapsible, temporary, mobile facilities, which risk escape and serious harm to animals, workers, and the public; (5) traveling exotic and wild animal performances present safety risks by permitting or not preventing public contact and by displaying animals in inappropriate, uncontrolled areas in dangerous proximity to humans and other animals; (6) exotic and wild animals have intrinsic value; their wild instincts and needs are unpredictable and are not naturally suited to traveling performances, and they suffer as a result of being unable to fulfill instinctive natural behaviors; (7) exotic and wild animals used in traveling performances suffer severe and extended confinement, and, deprived of natural movements and behaviors, are prone to chronic stress, behavioral, health, and psychological problems; (8) exotic and wild animals are forced to perform unnatural tricks requiring extreme physical coercion, including, but not limited to the use of food and water restrictions, electric shock devices, bullhooks, metal bars, whips, shovels, and pitchforks, among other abuses; (9) it is not necessary to use exotic or wild animals in traveling performances to experience the circus or similar events; (10) using exotic or wild animals as commodities traded for traveling performances adds nothing to the understanding and conservation of such animals and the natural environment, and actually undermines conservation efforts necessary to protect threatened and endangered species; (11) it is not possible to provide or ensure public and worker safety or appropriate physical and mental welfare for exotic and wild animals under the traveling performance business model, which inherently and significantly restricts animals' natural movements and behaviors, and where abuse is prevalent and oversight problematic; (12) the use of exotic or wild animals in traveling performances is or substantially affects interstate or foreign commerce, or the free flow thereof; it is essential to regulate such activities to assure animals' humane care and treatment; and (13) restricting the use of exotic and wild animals in traveling performances is the most cost-effective and efficient way to safeguard animals, workers, and the public. SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING PERFORMANCES. Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by adding at the end the following: ``(i)(1) No person shall cause a performance of, or allow for the participation of, an exotic animal or wild animal in a traveling animal act. ``(2) Paragraph (1) shall not apply to the use of an exotic animal or wild animal-- ``(A) in an exhibition at a nonmobile, permanent institution, facility, zoo, or aquarium accredited by the Association of Zoos & Aquariums or the Global Federation of Animal Sanctuaries, or a wildlife sanctuary; ``(B) as part of an environmental education program by a facility accredited by the Association of Zoos & Aquariums, if the animal used for such purposes is not so used for more than 6 months in any year and is not kept in a mobile or traveling housing facility for more than 12 hours in any day; ``(C) by a university, college, laboratory, or other research facility registered with the Secretary pursuant to section 6 for the purpose of conducting research; ``(D) in film, television, or advertising, if such use does not involve a live animal exhibition conducted before a public studio audience; or ``(E) in a rodeo. ``(3) Paragraph (1) shall not apply to domestic animals or farm animals. ``(4) For the purposes of this subsection: ``(A) Cause a performance.--The term `cause a performance' means to be responsible for a performance, to financially benefit as an owner or operator from a performance, or to sponsor a performance. ``(B) Domestic animal.--The term `domestic animal' means any animal that is normally maintained as a companion or pet animal in or near the household of the owner or person who cares for the animal, such as a domestic dog (including a service dog), domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster, but does not include any exotic animal or wild animal. ``(C) Environmental education program.--The term `environmental education program' means an animal exhibition that is professionally designed to impart knowledge or information for educational or conservation purposes about that animal's natural behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to impart such information, which does not include any performance of behavior that does not naturally occur for that animal in the wild state. ``(D) Exotic animal.--The term `exotic animal' means any animal that is not a domestic animal or farm animal, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad, whether wild-born or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or farm animal, including but not limited to animals such as-- ``(i) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); ``(ii) felidae (excepting domestic cats); ``(iii) marsupialia; ``(iv) nonhuman primates; ``(v) perissodactyla (excepting horses, donkeys, and mules); ``(vi) pinnipedia; ``(vii) proboscidea; ``(viii) ratites (excepting ostriches, emus, and rheas); and ``(ix) ursidae. ``(E) Farm animal.--The term `farm animal' means any domestic species of alpacas, cattle, sheep, swine, goats, llamas, poultry, or horses, which are normally and have historically, been kept and raised on farms in the United States, and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as horses and llamas when used solely as work and pack animals. The term does not include exotic animals or wild animals. ``(F) Mobile or traveling housing facility.--The term `mobile or traveling housing facility' means a transporting vehicle such as a truck, car, trailer, airplane, ship, or railway car, used to transport or house animals while traveling to, from, or between locations for performance purposes. ``(G) Performance.--The term `performance' means any animal act, circus, ride, carnival, parade, race, performance, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of an audience. ``(H) Traveling animal act.--The term `traveling animal act' means any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility. ``(I) Wild animal.--The term `wild animal' means any animal that is not a domestic animal or farm animal, which is now or has historically been found in the wild or in the wild state, within the boundaries of the United States, its territories, or possessions, whether wild-born or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or farm animal, including but not limited to animals such as-- ``(i) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); ``(ii) felidae (excepting domestic cats); ``(iii) marsupialia; ``(iv) perissodactyla (excepting horses, donkeys, and mules); ``(v) pinnipedia; ``(vi) ratites (excepting ostriches, emus, and rheas); and ``(vii) ursidae. ``(J) Wildlife sanctuary.--The term `wildlife sanctuary' means an organization described in sections 170(b)(1)(A)(vi) and 501(c)(3) of the Internal Revenue Code 1986 that does not-- ``(i) engage in commercial trade in any exotic or wild animal, including the sale of any animal, animal part or derivative, offspring, photographic opportunities, or public events for financial profit or any other entertainment purpose; ``(ii) breed any exotic or wild animal; ``(iii) permit unescorted public visitation; ``(iv) permit direct contact between the public and any exotic or wild animal; or ``(v) remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance. ``(5) A person who fails to comply with this subsection shall be subject to the enforcement and penalties provided for under sections 16, 19, and 29.''. SEC. 4. RELATIONSHIP WITH OTHER LAW. (a) This Act shall not be interpreted to-- (1) authorize the interstate transport of a threatened or endangered species, which is prohibited under the Endangered Species Act (16 U.S.C. 1538); or (2) waive any requirement to comply with any regulation issued under the Animal Welfare Act. (b) The provisions of this Act shall be interpreted to be are in addition to, and not in lieu of, any other laws protecting animal welfare. (c) This Act shall not be construed to limit any other Federal, State, or local law or rule that more strictly protects the welfare of animals. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.

Traveling Exotic Animal and Public Safety Protection Act This bill amends the Animal Welfare Act to establish a prohibition on the use of exotic or wild animals in performances (e.g., circus, ride, carnival, or parade) of a traveling animal act. The prohibition does not apply to the use of animals in: (1) zoos; (2) aquariums; (3) research facilities; (4) film, television, or advertising, if the performance is not before a public studio audience; or (5) rodeos. The prohibition also does not apply to domestic animals or farm animals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Refinement Amendments of 2000''. SEC. 2. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) In General.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-359, 361), as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended to read as follows: ``(A) Initial basis.--Under such system the Secretary shall provide for computation of a standard prospective payment amount (or amounts). Such amount (or amounts) shall initially be based on the most current audited cost report data available to the Secretary and shall be computed in a manner so that the total amounts payable under the system for the 12-month period beginning on the date the Secretary implements the system shall be equal to the total amount that would have been made if the system had not been in effect and if section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall be standardized in a manner that eliminates the effect of variations in relative case mix and area wage adjustments among different home health agencies in a budget neutral manner consistent with the case mix and wage level adjustments provided under paragraph (4)(A). Under the system, the Secretary may recognize regional differences or differences based upon whether or not the services or agency are in an urbanized area.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113). SEC. 3. ADDITIONAL PAYMENTS FOR OUTLIERS. (a) In General.--Section 1895(b)(5) of the Social Security Act (42 U.S.C. 1395fff(b)(5)) is amended-- (1) by striking ``Outliers.--The Secretary'' and inserting the following (and conforming the indentation of the succeeding matter accordingly): ``Outliers.-- ``(A) In general.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Temporary additional payments for outliers.-- For the purposes described in the first sentence of subparagraph (A), there are authorized to be appropriated from the trust funds (as defined in section 1896(a)(8)) in appropriate part, as determined by the Secretary, for each of fiscal years 2001 through 2005 an amount equal to $500,000,000. Such amounts shall be in addition to amounts available for payment under this section and shall not result in an reduction of the standard prospective payment amount (or amounts). In making payments under this subparagraph, the Secretary shall use a loss-sharing ratio of 90 percent.''. (b) Conforming Amendment.--Section 1895(b)(3)(C) of such Act (42 U.S.C. 1395fff(b)(3)(C)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (5)(A)''. SEC. 4. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES. (a) Increase in Payment Rates for Rural Agencies.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding at the end the following new paragraph: ``(7) Additional payment amount for services furnished in rural areas.--In the case of home health services furnished in a rural area (as defined in section 1886(d)(2)(D)), notwithstanding any other provision of this subsection, the amount of payment for such services is equal to 110 percent of the payment amount otherwise made under this section (but for this paragraph) for services furnished in a rural area.''. (b) Additional Payment for Security Services.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is further amended by adding at the end the following paragraph: ``(8) Additional payment for security services.--The Secretary shall provide for an addition or adjustment to the payment amount otherwise made under this section for the reasonable cost (as defined in section 1861(v)(1)(A)) of furnishing protective services to individuals furnishing home health services under this title in areas where such individuals are at risk of physical harm, as determined by the Secretary.''. (c) Inapplicability of Adjustments for Budget Neutrality.--Section 1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new subparagraph: ``(D) No adjustment for additional payments for rural services and security services.--The Secretary shall not reduce the standard prospective payment amount (or amounts) under this paragraph applicable to home health services furnished during a period to offset the increase in payments resulting from the application of paragraph (7) (relating to services furnished in rural areas) and paragraph (8) (relating to costs of security services).''. (d) Effective Date.--The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. SEC. 5. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME HEALTH SERVICES. (a) In General.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(e) Exclusion of Nonroutine Medical Supplies.-- ``(1) In general.--Notwithstanding the preceding provisions of this section, in the case of all nonroutine medical supplies (as defined by the Secretary) furnished by a home health agency during a year (beginning with 2001) for which payment is otherwise made on the basis of the prospective payment amount under this section, payment under this section shall instead be based on the lesser of-- ``(A) the actual charge for the nonroutine medical supply, or ``(B) the amount determined for such supply under the applicable fee schedule under part B. ``(2) Budget neutrality adjustment.--The Secretary shall provide for an appropriate proportional reduction in payments under this section so that beginning with fiscal year 2001, the aggregate amount of such reductions is equal to the aggregate increase in payments (as estimated by the Secretary) attributable to the exclusion effected under paragraph (1).''. (b) Conforming Amendments.--(1) Section 1895(b)(1) of the Social Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The Secretary'' and inserting ``Subject to subsection (e), the Secretary''. (2) Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security Act (42 U.S.C. 1395u(b)(6)(F); 1395y(a)(21)) are each amended by striking ``(including medical supplies described in section 1861(m)(5), but excluding durable medical equipment to the extent provided for in such section)'' and inserting ``(other than medical supplies and durable medical equipment described in section 1861(m)(5))''. (c) Effective Date.--The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES. (a) In General.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by section 3, is further amended by adding at the end the following paragraph: ``(9) Rule of construction relating to telehomehealth services.-- ``(A) In general.--Nothing in this section, or in section 4206(a) of the Balanced Budget Act of 1997 (42 U.S.C. 1395l note), shall be construed as preventing a home health agency receiving payment under this section from furnishing a home health service via a telecommunications system. Each home health agency that submits a cost report to the Secretary under this section shall include, in such cost report, data with respect to the costs incurred in furnishing home health services to medicare beneficiaries via such telecommunications systems. ``(B) Limitation.--The Secretary shall not consider a home health service provided in the manner described in subparagraph (A) to be a home health visit for purposes of-- ``(i) determining the amount of payment to be made under this section; or ``(ii) any requirement relating to the certification of a physician required under section 1814(a)(2)(C).''. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the recommendations of the Secretary with respect to the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of-- (1) payment for such services under section 1895 of the Social Security Act (42 U.S.C. 1395fff), and (2) requirements with respect to physician certification of the need for home health services under section 1814(a)(2)(C) of such Act (42 U.S.C. 1395f(a)(2)(C)).

Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Sanctions Against Iranian Terrorism Act''. SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT ACTIVITIES IN IRAN. (a) Additional Authority.--Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended as follows: (1) Subsection (a) is amended-- (A) by striking ``should support'' and inserting ``should not interfere with''; and (B) by striking ``in the energy sector of Iran'' and all that follows through ``United States'' and inserting ``in the business sector in Iran, or prohibits or limits any person from engaging in investment activities in the business sector of Iran, until such time as all Federal laws that either expressly authorize or require the imposition of sanctions by the Federal Government on Iran are rescinded by an Act or Acts of Congress''. (2) Subsection (b) is amended-- (A) by amending the subsection heading to read as follows: ``(b) Authority To Restrict Investment in Iran.--''; (B) by striking ``may adopt and enforce measures that meet'' and inserting ``may-- ``(1) adopt and enforce measures-- ``(A) that meet''; (C) by moving the remaining text of subsection (b) 4 ems to the right; (D) by striking ``subsection (c).'' and inserting ``subsection (c); or''; and (E) by adding at the end the following: ``(B) to prohibit or limit any person from engaging in investment activities in Iran described in subsection (c); and ``(2) enter into interstate compacts regarding measures described in paragraph (1). Enforcement of measures under this subsection may include the imposition of disclosure and other transparency requirements to carry out paragraph (1).''. (3) Subsection (c) is amended-- (A) in paragraph (1)-- (i) by striking ``$20,000,000 or more in the energy sector'' and inserting ``$10,000,000 or more-- ``(A) in the energy sector''; (ii) by moving the remaining text of paragraph (1) 2 ems to the right; and (iii) by adding at the end the following: ``(B) in any other business enterprise in Iran, including an entity that is owned or controlled by the Government of Iran; or''; and (B) in paragraph (2)-- (i) by striking ``$20,000,000'' and inserting ``$10,000,000''; and (ii) by adding after ``energy sector of Iran'' the following: ``or otherwise in a business enterprise in Iran, including an entity that is owned or controlled by the Government of Iran''. (4) Subsection (f) is amended to read as follows: ``(f) Nonpreemption; No Conflict With U.S. Foreign and International Commerce Policy.--A measure of a State or local government authorized under subsection (b), (i), or (j)-- ``(1) is authorized and not preempted by any Federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and ``(2) is consistent with United States Federal policy, including United States foreign policy.''. (5) Subsection (g) is amended by adding at the end the following: ``(3) Own or control.--The term `own or control' means, with respect to an entity-- ``(A) to hold more than 20 percent of the equity interest by vote or value in the entity; ``(B) to hold a majority of seats on the board of directors of the entity; or ``(C) to otherwise control the actions, policies, or personnel decisions of the entity.''. (6) Subsection (h) is amended-- (A) in paragraph (1), by striking ``or subsection (i)'' and inserting ``and subsections (i) and (j)''; and (B) in paragraph (2), by striking ``subsection (i)'' and inserting ``subsections (i) and (j)''. (7) Subsection (i) is amended by adding at the end the following: ``(3) Applicability of prior provisions.--Paragraphs (1) and (2) apply with respect to this section as in effect on the day before the effective date of the State Sanctions Against Iranian Terrorism Act.''. (8) Section 202 is further amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following: ``(j) Applicability of Amendments.-- ``(1) In general.--Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before the date of the enactment of the State Sanctions Against Iranian Terrorism Act (other than a measure covered by subsection (i)) that-- ``(A) provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran (determined without regard to subsection (c)) or other business activities in Iran that are identified in the measure; or ``(B) prohibits or limits any person from engaging in investment activities in Iran described in subsection (c). ``(2) Application of notice requirements.--A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after the date of the enactment of the State Sanctions Against Iranian Terrorism Act.''. (b) Exemption From Sunset.--Section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 855(a)) is amended, in the matter preceding paragraph (1), by striking ``sections 105 and 305'' and inserting ``sections 105, 202, and 305''. (c) Conforming Amendments.-- (1) The heading for title II of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8531 et seq.) is amended to read as follows: ``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT ACTIVITIES IN IRAN''. (2) The heading for section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended to read as follows: ``SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT ACTIVITIES IN IRAN.''. (3) The table of contents of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended-- (A) by amending the item relating to title II to read as follows: ``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT IN IRAN''; and (B) by amending the item relating to section 202 to read as follows: ``Sec. 202. Authority of State and local governments to restrict investment activities in Iran.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to measures adopted by a State or local government on or after the date of the enactment of this Act, except as provided in section 202(j) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as amended by this Act.

State Sanctions Against Iranian Terrorism Act This bill amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to specify that a state may, in addition to limiting investment in Iran's energy sector, prohibit or limit any person from engaging in specified investment activities in Iran. A state may also enter into interstate compacts to prohibit or limit such financial activities. Enforcement of such measures may include the imposition of disclosure and transparency requirements. The description of "investment activities" is revised to: (1) reduce the threshold for financial involvement from $20 million to $10 million; and (2) include, in addition to the energy sector, involvement in a business enterprise in Iran, including an entity owned or controlled by the Iranian government. The bill declares that a state or local government measure authorized pursuant to the Act is: (1) authorized and not preempted by any federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and (2) is consistent with U.S. federal policy, including U.S. foreign policy. A state or local government may enforce a measure adopted before the enactment of this Act that: (1) provides for the divestment of state or local assets from, or prohibits the investment of those assets in, any person that engages in investment activities in Iran or other business activities in Iran identified in the measure; or (2) prohibits or limits any person from engaging in investment activities in Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamline Vehicle Conversions Act''. SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION SYSTEMS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended by adding at the end the following: ``SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION SYSTEMS. ``(a) Definitions.--In this section: ``(1) Aftermarket conversion system.--The term `aftermarket conversion system' has the meaning given the term in section 85.502 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section). ``(2) Aftermarket conversion test group.--The term `aftermarket conversion test group' means a group of vehicles or engines identified pursuant to subsection (b)(4) for the purpose of testing aftermarket conversion systems. ``(b) Certificates of Conformity.-- ``(1) In general.--In the case of an aftermarket conversion system, the certificate of conformity issued by the Administrator for 1 or more aftermarket conversion test groups-- ``(A) shall not expire; and ``(B) shall continue to apply in subsequent calendar years. ``(2) Subsequent recertification.--No recertification of an aftermarket conversion system shall be required with respect to the aftermarket conversion test group covered by the certificate. ``(3) Name changes.--The names of test groups covered by a certificate of conformity described in paragraph (1) shall not change from year to year. ``(4) Identification of multiple vehicle makes, models, manufacturers, and standards.--For purposes of aftermarket conversion, the Administrator shall-- ``(A) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single aftermarket conversion test group; and ``(B) accept the aftermarket conversion test group established under subparagraph (A) on an aftermarket conversion system manufacturer application for a certificate of conformity. ``(c) Carryover Certification for Additional Model Years.--At the request of an aftermarket conversion system manufacturer, the Administrator shall allow the submission of previous vehicle emission test data and on-board diagnostic II system test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different, from those identified in the original certificate of conformity, in a way that could affect the compliance of the aftermarket conversion system. ``(d) Carry-Across Certification.--The Administrator shall promulgate regulations to allow an aftermarket conversion system manufacturer to use emission test data and on-board diagnostic II system test data generated for a single certified test group to serve as the basis for certifying additional test groups upon a showing that the additional test groups are sufficiently similar, even if produced by different original equipment manufacturers. ``(e) Use of Assigned Deterioration Factors.--A manufacturer of aftermarket conversion systems may use deterioration factors assigned by the Environmental Protection Agency without regard to any sales limits imposed on small-volume manufacturers. ``(f) Waiver of Certain Testing Requirements.--In certifying an aftermarket conversion system, the Administrator shall waive any emission testing and nonexhaust emission testing requirements pertaining to the fuel on which the vehicle or engine was originally certified to run, if the aftermarket conversion system manufacturer is able to demonstrate that waiving the testing requirements is appropriate. ``(g) On-Board Diagnostic Requirements.--The Administrator shall promulgate regulations applicable to on-board diagnostic systems for aftermarket conversion systems that-- ``(1) ensure that aftermarket conversion systems which are equipped with on-board diagnostic systems are effective at monitoring critical emission components; ``(2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and ``(3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles. ``(h) Older Vehicles.-- ``(1) In general.--Conversion of a vehicle outside of the useful life of the vehicle, as specified on the certificate of conformity of the original equipment manufacturer, to alternative fuel operation shall not-- ``(A) be considered to be tampering under section 203, if the aftermarket conversion system manufacturer or the person performing the conversion is able to demonstrate that the development and engineering sophistication of the conversion technology is-- ``(i) matched to an appropriate vehicle or group of vehicles; and ``(ii) well-designed and installed in accordance with good engineering judgment so that the installation of the aftermarket conversion system does not degrade emission performance, as compared to the performance of the vehicle or vehicles before the conversion; or ``(B) require the issuance by the Administrator of any certificate of conformity. ``(2) Label.--Upon conversion of a vehicle described in paragraph (1), the person performing the conversion shall affix to the motor vehicle a label that includes a statement that-- ``(A) the vehicle has been equipped with an aftermarket conversion system; and ``(B) the installation of that system occurred outside of the useful life of the vehicle. ``(3) No preclusion of orders.--Nothing in this section precludes the Administrator from issuing an order to prohibit the manufacture, sale, distribution, or installation of an aftermarket conversion system if the Administrator has evidence that the installation of the aftermarket conversion system on a vehicle outside of the useful life of the vehicle degrades emission performance.''.

Streamline Vehicle Conversions Act - Amends the Clean Air Act to provide that a certificate of conformity issued by the Administrator of the Environmental Protection Agency (EPA) for one or more aftermarket conversion test groups with respect to an aftermarket conversion system (i.e., hardware installed on a light-duty or heavy-duty vehicle, light-duty truck, or heavy-duty engine that allows the vehicle or engine to operate on a fuel other than that which it was originally certified to use) shall not expire, shall continue to apply in subsequent calendar years, and shall not require recertification. Requires the Administrator to: (1) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single test group; (2) accept such an established test group on an aftermarket conversion system manufacturer application for a certificate of conformity; and (3) allow the submission of previous vehicle emission test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different. Directs the Administrator to promulgate regulations regarding on-board diagnostic systems for aftermarket conversion systems that: (1) ensure that such conversion systems that are equipped with on-board diagnostic systems are effective at monitoring critical emission components; (2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and (3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles. Sets forth provisions regarding the conversion of a vehicle outside of its useful life cycle.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Veterans Land Allotment Equity Act''. SEC. 2. AMENDMENT TO ALLOW CERTAIN ALASKA NATIVE VETERAN LAND ALLOTMENTS. Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended as follows: (1) Paragraphs (1) and (2) of subsection (a) are amended to read as follows: ``(1) The period for filing allotments under this Act shall end 3 years after the Secretary issues final regulations under section 3 of the Alaska Native Veterans Land Allotment Equity Act. A person described in paragraph (1) or (2) of subsection (b) shall be eligible for an allotment of not more than two parcels of Federal land totaling 160 acres or less. ``(2)(A) Allotments may be selected from the following: ``(i) Vacant lands that are owned by the United States. ``(ii) Lands that have been selected or conveyed to the State of Alaska if the State voluntarily relinquishes or conveys to the United States the land for the allotment. ``(iii) Lands that have been selected or conveyed to a Native Corporation if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. ``(B) A Native Corporation may select an equal amount of acres of appropriate Federal land within the State of Alaska to replace lands voluntarily relinquished or conveyed by that Native Corporation under subparagraph (A)(iii). ``(C) For security reasons, allotments may not be selected from-- ``(i) lands within the right-of-way granted for the TransAlaska Pipeline; or ``(ii) the inner or outer corridor of that right-of-way withdrawal.''. (2) Subsection (a)(3) is repealed. (3) In subsection (b)(1), strike ``A person'' and insert ``Except as provided in paragraph (3), a person''. (4) Subsection (b)(1)(B) is amended to read as follows: ``(B) is a veteran who served during the period between August 5, 1964, and May 7, 1975, including such dates.''. (5) Subsection (b)(2) is amended to read as follows: ``(2) If an individual who would otherwise have been eligible for an allotment dies before applying for the allotment, an heir on behalf of the estate of the deceased veteran may apply for and receive the allotment.''. (6) In subsection (b)(3), insert before the period the following: ``, except for an heir who applies and receives an allotment on behalf of the estate of a deceased veteran pursuant to paragraph (2)''. (7) Subsection (e) is amended to read as follows: ``(e) Regulations.--All regulations in effect immediately before the enactment of subsection (f) that were promulgated under the authority of this section shall be repealed in accordance with section 552(a)(1)(E) of the Administrative Procedure Act (5 U.S.C. 552(a)(1)(E))''. (8) Add at the end the following new subsections: ``(f) Approval of Allotments.--(1) Subject to valid existing rights, and except as otherwise provided in this subsection, not later than 2 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, the Secretary shall approve an application for allotments filed in accordance with subsection (a) and issue a certificate of allotment which shall be subject to the same terms, conditions, restrictions, and protections provided for such allotments. ``(2) Upon receipt of an allotment application, but in any event not later than 6 months after receiving such application, the Secretary shall notify any person or entity having an interest in land potentially adverse to the applicant of their right to initiate a private contest or file a protest under existing Federal regulations. ``(3) Not later than 2 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, the Secretary shall-- ``(A) if no contest or protest is timely filed, approve the application pursuant to paragraph (1); or ``(B) if a contest or protest is timely filed, stay the issuance of the certificate of allotment until the contest or protest has been decided. ``(g) Reselection.--A person who made an allotment selection under this section before the date of the enactment of Alaska Native Veterans Land Allotment Equity Act may withdraw that selection and reselect lands under this section if the lands originally selected were not conveyed to that person before the date of the enactment of Alaska Native Veterans Land Allotment Equity Act.''. SEC. 3. REGULATIONS. Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall issue final regulations to implement the amendments made by this Act.

Alaska Native Veterans Land Allotment Equity Act - Amends provisions of the Alaska Native Claims Settlement Act (ANCSA) that allow certain Alaska Native Vietnam veterans to file for allotments of up to two parcels of federal land totaling up to 160 acres. Eliminates the requirement that limits the allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment. Limits the prohibition against conveying allotments to: (1) lands in the right-of-way granted for the TransAlaska Pipeline, or (2) the inner or outer corridor of that right-of-way withdrawal. Limits the eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive the allotment. Allows a Native Corporation to select an equal amount of acres of appropriate federal land in Alaska to replace lands voluntarily relinquished or conveyed to the United States for allotment. Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Risk Reporting Act of 2001''. SEC. 2. REPAIR, REPLACEMENT, OR REFUND. (a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or retailer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever of those actions the manufacturer, distributor, or retailer elects.''. (b) Section 15(b) of the Federal Hazardous Substances Act (15 U.S.C. 1274(b)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.'' (c) Section 15(c)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1274(c)(2)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under subparagraph (A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in subparagraph (A), (B), or (C) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in subparagraph (A), (B), or (C) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.''. SEC. 3. CIVIL PENALTIES. (a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended to read as follows: ``(a) Amount of Penalty.-- ``(1) Any person who knowingly violates section 19 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of paragraph (1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of section 19(a) shall constitute a separate offense with respect to each consumer product involved. A violation of section 19(a)(3) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, and, if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) shall not apply to violations of paragraph (1) or (2) of section 19(a)-- ``(A) if the person who violated such paragraph is not the manufacturer or private labeler or a distributor of the product involved, and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the product violated such paragraph; or ``(ii) notice from the Commission that such distribution or sale would be a violation of such paragraph. ``(3)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. (b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended to read as follows: ``(c) Civil Penalties.-- ``(1) Any person who knowingly violates section 4 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of subsection (a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4 shall constitute a separate offense with respect to each substance involved. A violation of section 4(e) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by section 4(e), and if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of subsection (a) or (c) of section 4-- ``(A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substance involved; and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the substance violated such subsection, or ``(ii) notice from the Commission that such distribution or sale would be a violation of such subsection. ``(3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 4, the Commission shall consider the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged. ``(4) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such compromised penalty or whether it should be remitted or mitigated and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the persons charged, the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. ``(5) As used in the first sentence of paragraph (1), the term `knowingly' means-- ``(A) having actual knowledge, or ``(B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. ``(6)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. SEC. 4. CRIMINAL PENALTIES. (a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070) is amended to read as follows: ``(a) Any person who knowingly violates section 19 shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code). Any person who knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization. ``(b) Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of subsection (a) shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).''. (b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: ``(a) Criminal Penalties.--Any person who violates any of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine under title 18, United States Code, or to imprisonment for not more than one year, or both, if such person is an individual, or to a fine under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code); but for offenses committed willfully, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 3 years, or a fine under title 18, United States Code, or both, if such person is an individual, or a fine under title 18, United States Code, if such person is an organization.''.

Consumer Product Risk Reporting Act of 2001 - Amends the Consumer Product Safety Act and the Federal Hazardous Substances Act to direct the Consumer Product Safety Commission, if a manufacturer, distributor, or retailer has elected to take a repair, replacement, or refund action with respect to a substantial product hazard that is not in the public interest, to order such manufacturer, distributor, or retailer to: (1) take whichever other action the Commission determines to be in the public interest; or (2) elect one or the other action if both alternatives are in the public interest.Increases the maximum civil penalty for each violation. Revises criminal penalties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2014''. SEC. 2. OPIOID ADDICTION TREATMENT. (a) In General.--The Administrator of the Substance Abuse and Mental Health Services Administration, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Administrator'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements.--As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State's primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician's recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing non-quantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like out-patient treatment, prior to more expensive, but physician-recommended services, such as in-patient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible Provision of Medications.--In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as-- (1) the medications are lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Administrator shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Administrator shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the Internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection.

Expanding Opportunities for Recovery Act of 2014 - Requires the Administrator of the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. Requires states to use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Math and Science Incentive Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States can have a secure and prosperous future only by having a robust and inventive scientific and technical enterprise. (2) Such an enterprise will require the United States to produce more scientists and engineers. (3) The United States education system must do more to encourage students at every level to study science and mathematics and to pursue careers related to those fields. (4) The current performance of United States students in science and mathematics lags behind their international peers, and not enough students are pursuing science and mathematics. (5) The United States is still reaping the benefits of past investments in research and development and education, but we are drawing down that capital. (6) The United States needs to recommit itself to leadership in science, mathematics, and engineering, especially as advances are being made in such areas as nanotechnology. (7) A program of loan forgiveness designed to attract students to careers in science, mathematics, engineering, and technology, including teaching careers, can help the United States maintain its technological leadership. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Program.-- (1) In general.--The Secretary shall carry out a program of assuming the obligation to pay, pursuant to the provisions of this Act, the interest on a loan made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.). (2) Eligibility.--The Secretary may assume interest payments under paragraph (1) only for a borrower who-- (A) has submitted an application in compliance with subsection (d); (B) obtained 1 or more loans described in paragraph (1) as an undergraduate student; (C) is a new borrower (within the meaning of section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)) on or after the date of enactment of this Act; (D) is a teacher of science, technology, engineering, or mathematics at an elementary school or secondary school, or is a mathematics, science, or engineering professional; and (E) enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described in subparagraph (D), starting on the date of the agreement. (3) Prior interest limitations.--The Secretary shall not make any payments for interest that-- (A) accrues prior to the beginning of the repayment period on a loan in the case of a loan made under section 428H of the Higher Education Act of 1965 (20 U.S.C. 1078-8) or a Federal Direct Unsubsidized Stafford Loan; or (B) has accrued prior to the signing of an agreement under paragraph (2)(E). (4) Initial selection.--In selecting participants for the program under this Act, the Secretary-- (A) shall choose among eligible applicants on the basis of-- (i) the national security, homeland security, and economic security needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of Labor, Defense, Homeland Security, Commerce, and Energy, the Central Intelligence Agency, and the National Science Foundation; and (ii) the academic record or job performance of the applicant; and (B) may choose among eligible applicants on the basis of-- (i) the likelihood of the applicant to complete the 5-year service obligation; (ii) the likelihood of the applicant to remain in science, mathematics, or engineering after the completion of the service requirement; or (iii) other relevant criteria determined by the Secretary. (5) Availability subject to appropriations.--Loan interest payments under this Act shall be subject to the availability of appropriations. If the amount appropriated for any fiscal year is not sufficient to provide interest payments on behalf of all qualified applicants, the Secretary shall give priority to those individuals on whose behalf interest payments were made during the preceding fiscal year. (6) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (b) Duration and Amount of Interest Payments.--The period during which the Secretary shall pay interest on behalf of a student borrower who is selected under subsection (a) is the period that begins on the effective date of the agreement under subsection (a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of-- (1) the completion of the repayment period of the loan; (2) payment by the Secretary of a total of $10,000 on behalf of the borrower; (3) if the borrower ceases to fulfill the service obligation under such agreement prior to the end of the 5-year period, as soon as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations of the Secretary; or (4) 6 months after the end of any calendar year in which the borrower's gross income equals or exceeds 4 times the national per capita disposable personal income (current dollars) for such calendar year, as determined on the basis of the National Income and Product Accounts Tables of the Bureau of Economic Analysis of the Department of Commerce, as determined in accordance with regulations prescribed by the Secretary. (c) Repayment to Eligible Lenders.--Subject to the regulations prescribed by the Secretary pursuant to subsection (a)(6), the Secretary shall pay to each eligible lender or holder for each payment period the amount of the interest that accrues on a loan of a student borrower who is selected under subsection (a). (d) Application for Repayment.-- (1) In general.--Each eligible individual desiring loan interest payment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Failure to complete service agreement.--Such application shall contain an agreement by the individual that, if the individual fails to complete the 5 consecutive years of service required by subsection (a)(2)(E), the individual agrees to repay the Secretary the amount of any interest paid by the Secretary on behalf of the individual. (e) Treatment of Consolidation Loans.--A consolidation loan made under section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078- 3), or a Federal Direct Consolidation Loan made under part D of title IV of such Act (20 U.S.C. 1087a et seq.), may be a loan for which interest is paid pursuant to this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay-- (1) a loan made under section 428 or 428H of such Act (20 U.S.C. 1078 and 1078-8); or (2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of such Act (20 U.S.C. 1087a et seq.). (f) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and-- (1) any loan forgiveness program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or (2) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Education; and (2) the term ``mathematics, science, or engineering professional'' means a person who-- (A) holds a baccalaureate, masters, or doctoral degree (or a combination thereof) in science, mathematics, or engineering; and (B) works in a field the Secretary determines is closely related to that degree, which shall include working as a professor at a 2- or 4-year institution of higher education. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and for each of the 5 succeeding fiscal years.

Math and Science Incentive Act of 2005 - Directs the Secretary of Education to carry out a program of assuming the obligation to pay up to $10,000 of interest on certain student loans under the Higher Education Act of 1965, for certain borrowers who agree to serve for five years as: (1) teachers of science, technology, engineering or mathematics at an elementary or secondary school; or (2) mathematics, science or engineering professionals. Requires that selection of program participants from among eligible applicants be based on: (1) U.S. national security, homeland security, and economic security needs; and (2) the applicant's academic record or job performance. Allows other factors to be considered in such selection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Tax Extenders Act''. SEC. 2. RENEWABLE ENERGY CREDIT. (a) 10-Year Extension.--Each of the following provisions of section 45(d) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2009'' and inserting ``January 1, 2019'': (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (5). (6) Paragraph (6). (7) Paragraph (7). (8) Subparagraphs (A) and (B) of paragraph (9). (b) Expansion of Biomass Facilities.-- (1) Open-loop biomass facilities.--Paragraph (3) of section 45(d) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Expansion of facility.--Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.''. (2) Closed-loop biomass facilities.--Paragraph (2) of section 45(d) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: ``(B) Expansion of facility.--Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A)(i), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.''. (c) Modification of Rules for Hydropower Production.--Subparagraph (C) of section 45(c)(8) of such Code is amended to read as follows: ``(C) Nonhydroelectric dam.--For purposes of subparagraph (A), a facility is described in this subparagraph if-- ``(i) the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements, ``(ii) the nonhydroelectric dam was placed in service before the date of the enactment of this paragraph and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this paragraph, and ``(iii) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway. The Secretary, in consultation with the Federal Energy Regulatory Commission, shall certify if a hydroelectric project licensed at a nonhydroelectric dam meets the criteria in clause (iii). Nothing in this section shall affect the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act.''. (d) Effective Date.-- (1) Extension.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to property originally placed in service after December 31, 2008. (2) Expansion of biomass facilities.--The amendments made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE RENEWABLES. (a) In General.--Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.''. (b) Marine Renewables.--Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(10) Marine and hydrokinetic renewable energy.-- ``(A) In general.--The term `marine and hydrokinetic renewable energy' means energy derived from-- ``(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ``(ii) free flowing water in rivers, lakes, and streams, ``(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, or ``(iv) differentials in ocean temperature (ocean thermal energy conversion). ``(B) Exceptions.--Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.''. (c) Definition of Facility.--Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(11) Marine and hydrokinetic renewable energy facilities.--In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term `qualified facility' means any facility owned by the taxpayer-- ``(A) which has a nameplate capacity rating of at least 150 kilowatts, and ``(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2019.''. (d) Credit Rate.--Subparagraph (A) of section 45(b)(4) of such Code is amended by striking ``or (9)'' and inserting ``(9), or (11)''. (e) Coordination With Small Irrigation Power.--Paragraph (5) of section 45(d) of such Code, as amended by section 1, is amended by striking ``January 1, 2019'' and inserting ``the date of the enactment of paragraph (11)''. (f) Effective Date.--The amendments made by this section shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. ENERGY CREDIT. (a) Extension of Credit.-- (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking ``January 1, 2009'' and inserting ``January 1, 2019''. (2) Fuel cell property.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (3) Microturbine property.--Subparagraph (E) of section 48(c)(2) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Section 25D(g) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Credit for Geothermal Heat Pump Systems.-- (1) In general.--Section 25D(a) of such Code 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) 30 percent of the qualified geothermal heat pump property expenditures made by the taxpayer during such year.''. (2) Limitation.--Section 25D(b)(1) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified geothermal heat pump property expenditures.''. (3) Qualified geothermal heat pump property expenditure.-- Section 25D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified geothermal heat pump property expenditure.-- ``(A) In general.--The term `qualified geothermal heat pump property expenditure' means an expenditure for qualified geothermal heat pump property installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer. ``(B) Qualified geothermal heat pump property.--The term `qualified geothermal heat pump property' means any equipment which-- ``(i) uses the ground or ground water as a thermal energy source to heat the dwelling unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling unit, and ``(ii) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made.''. (4) Maximum expenditures in case of joint occupancy.-- Section 25D(e)(4)(A) 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) $6,667 in the case of any qualified geothermal heat pump property expenditures.''. (c) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2008. SEC. 6. ALTERNATIVE MOTOR VEHICLE CREDIT. (a) Extension.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 (relating to termination of credit) is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after December 31, 2018.''. (b) Repeal of Limitation on Number of New Qualified Hybrid and Advanced Lean-Burn Technology Vehicles Eligible for Credit.--Section 30B of such Code is amended by striking subsection (f). (c) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Repeal of limitation.--The amendment made by subsection (b) shall apply to vehicles manufactured after December 31, 2008.

Renewable Energy Tax Extenders Act - Amends the Internal Revenue Code to extend through 2018 the tax credit for producing electricity from certain renewable resources (e.g., wind, biomass, solar energy, small irrigation power, landfill gas, trash combustion, and hydropower facilities). Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of such credit. Extends through 2018: (1) the energy tax credit for solar energy, fuel cell, and microturbine property; and (2) the tax credit for residential energy efficient property expenditures. Allows a 30% residential energy efficiency tax credit for the installation of geothermal heat pump systems. Extends through 2018 the alternative motor vehicle tax credit. Eliminates the limitation on the number of new qualified hybrid and advanced lean-burn technology vehicles eligible for such credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Worker Safety Act''. SEC. 2. REVIEW OF STATE OCCUPATIONAL SAFETY AND HEALTH PLANS. Section 18 of the Occupational Safety and Health Act (29 U.S.C. 668) is amended-- (1) by amending subsection (f) to read as follows: ``(f)(1) The Secretary shall, on the basis of reports submitted by the State agency and the Secretary's own inspections, make a continuing evaluation of the manner in which each State that has a plan approved under this section is carrying out such plan. Such evaluation shall include an assessment of whether the State continues to meet the requirements of subsection (c) of this section and any other criteria or indices of effectiveness specified by the Secretary in regulations. Whenever the Secretary finds, on the basis of such evaluation, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), the Secretary shall make an initial determination of whether the failure is of such a nature that the plan should be withdrawn or whether the failure is of such a nature that the State should be given the opportunity to remedy the deficiencies, and provide notice of the Secretary's findings and initial determination. ``(2) If the Secretary makes an initial determination to reassert and exercise concurrent enforcement authority while the State is given an opportunity to remedy the deficiencies, the Secretary shall afford the State an opportunity for a public hearing within 15 days of such request, provided that such request is made not later than 10 days after Secretary's notice to the State. The Secretary shall review and consider the testimony, evidence, or written comments, and not later than 30 days following such hearing, make a determination to affirm, reverse, or modify the Secretary's initial determination to reassert and exercise concurrent enforcement authority under sections 8, 9, 10, 13, and 17 with respect to standards promulgated under section 6 and obligations under section 5(a). Following such a determination by the Secretary, or in the event that the State does not request a hearing within the time frame set forth in this paragraph, the Secretary may reassert and exercise such concurrent enforcement authority, while a final determination is pending under paragraph (3) or until the Secretary has determined that the State has remedied the deficiencies as provided under paragraph (4). Such determination shall be published in the Federal Register. The procedures set forth in section 18(g) shall not apply to a determination by the Secretary to reassert and exercise such concurrent enforcement authority. ``(3) If the Secretary makes an initial determination that the plan should be withdrawn, the Secretary shall provide due notice and the opportunity for a hearing. If based on the evaluation, comments, and evidence, the Secretary makes a final determination that there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of the withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. ``(4) If the Secretary makes a determination that the State should be provided the opportunity to remedy the deficiencies, the Secretary shall provide the State an opportunity to respond to the Secretary's findings and the opportunity to remedy such deficiencies within a time period established by the Secretary, not to exceed 1 year. The Secretary may extend and revise the time period to remedy such deficiencies, if the State's legislature is not in session during this 1 year time period, or if the State demonstrates that it is not feasible to correct the deficiencies in the time period set by the Secretary, and the State has a plan to correct the deficiencies within a reasonable time period. If the Secretary finds that the State agency has failed to remedy such deficiencies within the time period specified by the Secretary and that the State plan continues to fail to comply substantially with a provision of the State plan, the Secretary shall withdraw the State plan as provided for in paragraph (3).''; and (2) by adding at the end the following new subsection: ``(i) Not later than 18 months after the date of enactment of this subsection, and every 5 years thereafter, the Comptroller General shall complete and issue a review of the effectiveness of State plans to develop and enforce safety and health standards to determine if they are at least as effective as the Federal program and to evaluate whether the Secretary's oversight of State plans is effective. The Comptroller General's evaluation shall assess-- ``(1) the effectiveness of the Secretary's oversight of State plans, including the indices of effectiveness used by the Secretary; ``(2) whether the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) are adequate, whether significant policy issues have been identified by headquarters and corrective actions are fully implemented by each State; ``(3) whether the formula for the distribution of funds described in section 23(g) to State programs is fair and adequate; ``(4) whether State plans are as effective as the Federal program in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints, through an evaluation of at least 20 percent of approved State plans, and which shall cover-- ``(A) enforcement effectiveness, including handling of fatalities, serious incidents and complaints, compliance with inspection procedures, hazard recognition, verification of abatement, violation classification, citation and penalty issuance, including appropriate use of willful and repeat citations, and employee involvement; ``(B) inspections, the number of programmed health and safety inspections at private and public sector establishments, and whether the State targets the highest hazard private sector work sites and facilities in that State; ``(C) budget and staffing, including whether the State is providing adequate budget resources to hire, train and retain sufficient numbers of qualified staff, including timely filling of vacancies; ``(D) administrative review, including the quality of decisions, consistency with Federal precedence, transparency of proceedings, decisions and records are available to the public, adequacy of State defense, and whether the State appropriately appeals adverse decisions; ``(E) antidiscrimination, including whether discrimination complaints are processed in a timely manner, whether supervisors and investigators are properly trained to investigate discrimination complaints, whether a case file review indicates merit cases are properly identified consistent with Federal policy and procedure, whether employees are notified of their rights, and whether there is an effective process for employees to appeal the dismissal of a complaint; ``(F) program administration, including whether the State's standards and policies are at least as effective as the Federal program and are updated in a timely manner, and whether National Emphasis Programs that are applicable in such States are adopted and implemented in a manner that is at least as effective as the Federal program; ``(G) whether the State plan satisfies the requirements for approval set forth in this section and its implementing regulations; and ``(H) other such factors identified by the Comptroller General, or as requested by the Committee on Education and Labor of the House of Representatives or the Committee on Health, Education, Labor, and Pensions of the Senate.''.

Ensuring Worker Safety Act - Amends the Occupational Safety and Health Act to revise requirements for the Secretary of Labor's continuing evaluation of approved state occupational safety and health plans. Requires: (1) the review of state plans to include an assessment of whether a state continues to meet certain conditions for the approval of such plans; and (2) the Secretary to determine whether a state that fails to comply substantially with the provisions of a plan should be given the opportunity to remedy such deficiencies. Prescribes general requirements for the provision to a state of such an opportunity. Requires the Comptroller General periodically to review and assess: (1) whether state plans to develop and enforce safety and health standards are at least as effective as federal occupational safety and health (OSHA) program standards in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints; (2) the effectiveness of the Secretary's oversight of such plans; and (3) the adequacy of the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) as well as whether policy issues have been identified and corrective actions fully implemented by each state.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007''. SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR FAMILIES. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 520A the following: ``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR FAMILIES. ``(a) In General.--In cooperation with the Secretary of Education, the Secretary of Health and Human Services shall support either directly or through grants, contracts, or cooperative agreements with public entities programs to promote mental health among all children, from birth through adolescence, and their families and to provide early intervention services to ameliorate identified mental health problems in such children. ``(b) Equitable Distribution.--The Secretary shall provide for an equitable distribution of grants, contracts, and cooperative agreements by region, to include urban, suburban, and rural regions, including Native American communities. ``(c) Priority.--In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall give priority to those applicants who-- ``(1) provide a comprehensive, community-based, culturally competent and developmentally appropriate prevention and early intervention program that provides for the identification of early mental health problems and promotes the mental health and enhances the resiliency of children from birth through adolescence and of their families; ``(2) incorporate families, schools, and communities in an integral role in the program; ``(3) coordinate behavioral health care services, interventions, and supports in traditional and non-traditional settings and provide a continuum of care for children from birth through adolescence and for their families; ``(4) provide public health education to improve the public's understanding of healthy emotional development; ``(5) provide training, technical assistance, consultation, and support for community service providers, school personnel, families, and children to promote healthy emotional development and enhance resiliency in children from birth through adolescence; ``(6) increase the resources available to such programs and provide for their sustainability by requiring a commitment on the part of local communities in which the programs provide services; ``(7) provide for the evaluation of programs operating under this section to ensure that they are providing intended services in an efficient and effective manner; and ``(8) provide school-based mental health assessment and treatment services conducted by a mental health professional (who may be a school counselor, school nurse, school psychologist, clinical psychologist, or school social worker) in public elementary or secondary schools. ``(d) Matching Requirement.--A condition for an award under subsection (a) is that the entity involved agrees that the entity will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the award. ``(e) Durations of Grants.--With respect to an award under subsection (a), the period during which payments under such award are made to the recipient may not exceed 5 years. ``(f) Evaluation.--The Secretary shall ensure that entities receiving awards under subsection (a) carry out an evaluation of the project, including an evaluation of the effectiveness of program strategies, and short, intermediate, and long-term outcomes including the program's overall impact on strengthening families with young children and creating environments in home, school, and community settings that promote healthy emotional development and reduce incipient mental health and substance abuse problems. Local educational agencies receiving such awards shall ensure that the schools receiving these funds maintain an average ratio of one certified or licensed-- ``(1) school counselor for every 150 students; ``(2) school nurse for every 350 students; ``(3) school psychologist for every 500 students; and ``(4) school social worker for every 400 students. ``(g) Definitions.--For purposes of this section: ``(1) The term `mental health' means a state of successful performance of mental function, resulting in productive activities, fulfilling relationships with other people, and the ability to adapt to change and cope with adversity. ``(2) The term `mental illness' refers to all diagnosable mental disorders (health conditions characterized by alterations in thinking, mood, or behavior or some combination thereof) associated with distress or impaired functioning or both. ``(3) The term `mental health problem' refers to symptoms of insufficient intensity or duration to meet the criteria for any mental disorder. ``(4)(A) The term `mental health professional' refers to a qualified counselor, nurse, psychologist, or social worker. ``(B) The terms `school counselor', `school nurse', `school psychologist', and `school social worker' mean an individual who possesses licensure or certification in the State involved, and who meets professional standards for practice in schools and related settings, as a school counselor, school nurse, school psychologist, or school social worker, respectively. ``(5) The term `public entity' means any State, any political subdivision of a State, including any local educational agency, and any Indian tribe or tribal organization (as defined in section 4(b) and section 4(c) of the Indian Self-Determination and Education Assistance Act). ``(h) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $300,000,000 for fiscal year 2008 and such sums as are necessary for each of fiscal years 2009 and 2010. These funds are authorized to be used to carry out the provisions of this section and cannot be utilized to supplement or supplant funding provided for other mental health services programs.''. SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES. ``(a) In General.--The Attorney General of the United States and the Secretary, acting through the Director of the Center for Mental Health Services, shall award competitive grants to eligible entities for programs that address the service needs of juveniles, including juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure-- ``(1) the appropriate diversion of such juveniles from incarceration; ``(2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration, including for those juveniles on probation or parole; and ``(3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a State or local juvenile justice agency, mental health agency, or substance abuse agency (including community diversion programs); ``(2) 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) an assurance that the applicant has the consent of all entities described in paragraph (1) in carrying out and coordinating activities under the grant; and ``(B) with respect to services for juveniles, an assurance that the applicant has collaborated with the State or local educational agency and the State or local welfare agency in carrying out and coordinating activities under the grant; ``(3) be given priority if the entity submits its application jointly with juvenile justice and substance abuse or mental health agencies; and ``(4) ensure that funds from non-Federal sources are available to match amounts provided under the grant in an amount that is not less than-- ``(A) with respect to the first 3 years under the grant, 10 percent of the amount provided under the grant; and ``(B) with respect to the fourth and fifth years under the grant, 30 percent of the amount provided under the grant. ``(c) Use of Funds.-- ``(1) Initial year.--An entity that receives a grant under this section shall, in the first fiscal year in which amounts are provided under the grant, use such amounts to develop a collaborative plan-- ``(A) describing how the entity will institute a system to provide intensive community services-- ``(i) to prevent high-risk juveniles from coming in contact with the justice system; and ``(ii) to meet the mental health and substance abuse treatment needs of juveniles on probation or recently discharged from the justice system; and ``(B) providing for the exchange by agencies of information to enhance the provision of mental health or substance abuse services to juveniles. ``(2) Second through fifth years.--With respect to the second through fifth fiscal years in which amounts are provided under the grant, the grantee shall use amounts provided under the grant-- ``(A) to furnish services, such as assertive community treatment, wrap-around services for juveniles, multisystemic therapy, outreach, integrated mental health and substance abuse treatment, case management, health care, education and job training, assistance in securing stable housing, finding a job or obtaining income support, other benefits, access to appropriate school-based services, transitional and independent living services, mentoring programs, home- based services, and provision of appropriate after- school and summer programming; ``(B) to establish a network of boundary spanners to conduct regular meetings with judges, provide liaison with mental health and substance abuse workers, share and distribute information, and coordinate with mental health and substance abuse treatment providers and probation or parole officers concerning provision of appropriate mental health and drug and alcohol addiction services for individuals on probation or parole; ``(C) to provide cross-system training among police, corrections, and mental health and substance abuse providers with the purpose of enhancing collaboration and the effectiveness of all systems; ``(D) to provide coordinated and effective after- care programs for juveniles with emotional or mental disorders who are discharged from jail, prison, or juvenile facilities; ``(E) to purchase technical assistance to achieve the grant project's goals; and ``(F) to furnish services, to train personnel in collaborative approaches, and to enhance intersystem collaboration. ``(3) Definition.--In paragraph (2)(B), the term `boundary spanners' means professionals who act as case managers for juveniles with mental disorders and substance abuse addictions, within both justice agency facilities and community mental health programs and who have full authority from both systems to act as problem solvers and advocates on behalf of individuals targeted for service under this program. ``(d) Area Served by the Project.--An entity receiving a grant under this section shall conduct activities under the grant to serve at least a single political jurisdiction. ``(e) Authorization of Appropriations.--For each of fiscal years 2008 through 2013, there is authorized to be appropriated an amount equal to 10 percent of the amount appropriated under section 1935(a) for the respective fiscal year.''. SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES FOR CHILDREN DIRECTLY AFFECTED BY PUBLIC HEALTH EMERGENCIES. (a) In General.--Section 501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is amended-- (1) in paragraph (1)-- (A) by striking ``2.5 percent'' and inserting ``5 percent''; and (B) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1), the following: ``(2) Condition.--A condition of paragraph (1) is that 2.5 percent of the funds subject to paragraph (1) may only be available for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies, including diseases or disorders that present such emergencies, natural disasters, major transportation accidents, technological disasters, and disasters resulting from terrorism.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to grants provided on or after January 1, 2008. SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. Title III of the Public Health Service Act is amended by inserting after section 319M (42 U.S.C. 247d-7d) the following: ``SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. ``(a) In General.--The Secretary may award grants to eligible entities described in subsection (b) to enable such entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children. ``(b) Eligibility.--To be an eligible entity under this subsection, an entity shall-- ``(1) be a State, political subdivision of a State, a consortium of 2 or more States or political subdivisions of States, a public or private non-profit agency or organization, or other organization that serves children as determined appropriate by the Secretary; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Funds.--An entity shall use amounts received under a grant under this section to carry out activities for the coordination and development of disaster preparedness efforts relating to the physical- and health-related needs of children. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008.''.

Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to support programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children. Requires the Secretary to provide an equitable distribution of such grants by region. Directs the Attorney General and the Secretary, acting through the Director of the Center for Mental Health Services, to award grants for programs that address the service needs of juveniles by requiring the state or local juvenile system, the mental health system, and the substance abuse treatment system to work collectively to ensure: (1) the appropriate diversion of such juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration; and (3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system. Provides funding for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies. Allows the Secretary to award grants to enable eligible entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Compensation Equity Act of 2000''. SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY RETIREMENT FOR VETERANS WHO RECEIVED THE PURPLE HEART. (a) Concurrent Receipt.--Section 5304 of title 38, United States Code, is amended-- (1) by adding at the end of subsection (a)(1) the following new sentence: ``Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay (other than retired pay under chapter 61 of title 10) shall be paid to a veteran concurrently with compensation for a service- connected disability, without deduction from either the retirement pay or the compensation, in the case of a veteran who was awarded the Purple Heart and whose retirement pay is based on service of 20 years or more.''; and (2) by adding at the end the following new subsection: ``(d) Compensation paid by the Secretary for a service-connected disability may not be considered in determining eligibility for any other benefit under any provision of Federal, State, or local law and may not be counted as income of the veteran or the veteran's family for purposes of any provision of Federal, State, or local law for which eligibility for any benefit or program is determined based upon income.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments for periods beginning on or after the date of the enactment of this Act. SEC. 3. PRESERVATION OF VETERAN'S COMPENSATION BENEFIT FOR SURVIVING SPOUSE. (a) Compensation Benefit To Survive Death of Veteran.--Section 1311 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) Notwithstanding the preceding provisions of this section, the rate of dependency and indemnity compensation paid for any month to the surviving spouse of a veteran who was awarded the Purple Heart shall be at the rate at which compensation under chapter 11 of this title would be paid for that month to that veteran if the veteran were not deceased (except that, for purposes of section 1115 of this title, such rate of compensation shall be determined as if the veteran had no spouse).''. (b) Effective Date.--The amendment made by this section shall apply with respect to payments for months beginning on or after the date of the enactment of this Act. SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE 100 PERCENT OF RETIRED PAY BASE AMOUNT. (a) Termination.--Section 1451 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the base amount.''; and (B) in paragraph (2), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to a percentage of the base amount that-- ``(A) is less than 100 percent; and ``(B) is determined under subsection (f).''; and (2) in paragraph (1) of subsection (c), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died.''. (b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such section is further amended by striking out subsection (d). (c) Repeal of Alternative Computation for Certain Beneficiaries for Whom Social Security Offset Was More Beneficial Than Two-Tier Computation.--Such section is further amended by striking out subsection (e). (d) Conforming Amendment.--Subsection (f) of such section is amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting in lieu thereof ``(a)(2) or (b)(2)''. (e) Effective Date.--The amendments made by this section shall apply to payment of annuities for months that begin after the date of the enactment of this Act. (f) Recomputation of Existing Annuities.--In the case of a person who is a beneficiary under the Survivor Benefit Plan established by subchapter II of chapter 73 of title 10, United States Code, on the date of the enactment of this Act, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall recompute the amount of that person's annuity as necessary to reflect the amendments made by this section.

Makes the rate of dependency and indemnity compensation (DIC) for the surviving spouse of a veteran who was awarded the Purple Heart the same as the rate of compensation for service-connected disability or death that would be paid to a veteran if the veteran were not deceased (thereby continuing the DIC payment beyond the veteran's death). Makes annuities under the Survivor Benefit Plan 100 percent of the base amount. (Currently, such annuities are specified percentages of such base amount based on age.) Repeals: (1) the requirement for annuity reduction at age 62; and (2) an alternative computation of such annuity for certain beneficiaries. Requires the recomputation of existing annuities due to amendments made by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the power to dispose of and make all necessary rules governing property belonging to the United States is vested in Congress under section 3 of article IV of the Constitution; (2) some Federal property designations under international agreements concern land use policies and regulations for property belonging to the United States that, under section 3 of article IV of the Constitution, can be implemented only by an Act of Congress; (3) some international property designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, that have no legislative directive or authorization from Congress; (4) actions by the United States in making such designations may affect the use and value of nearby non-Federal property; (5) the sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power; (6) private property rights are essential for the protection of freedom; (7) actions by the United States to designate property belonging to the United States under international agreements in some cases conflict with congressional constitutional responsibilities and the sovereign powers of the States; and (8) actions by the President in applying certain international agreements to property owned by the United States diminish the authority of Congress to make rules respecting the property. (b) Purposes.--The purposes of this Act are-- (1) to reaffirm the power of Congress under section 3 of article IV of the Constitution over international agreements that concern disposal, management, and use of property belonging to the United States; (2) to protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating property under international agreements; (3) to ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal action designating property under an international agreement for the purpose of imposing restrictions on use of the property; (4) to protect private interests in property from diminishment as a result of Federal action designating property under international agreements; and (5) to provide a process under which the United States may, when it is desirable to do so, designate property under an international agreement. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) by striking ``Sec. 401. (a)'' and inserting the following: ``SEC. 401. PARTICIPATION BY THE UNITED STATES. ``(a) In General.--''; (2) in the first sentence of subsection (a)-- (A) by striking ``The Secretary of the Interior'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary of the Interior (referred to in this section as the `Secretary')''; and (B) by inserting ``(referred to in this section as the `Convention')'' after ``1973''; (3) in subsection (b)-- (A) by striking ``(b) The Secretary of the Interior'' and inserting ``(b) Nomination of Property to World Heritage Committee.--The Secretary''; and (B) in the fourth sentence-- (i) by striking ``Representatives and'' and inserting ``Representatives,''; and (ii) by inserting before the final period ``, and the appropriate State and local governments''; (4) in subsection (c), by striking ``(c) No non-Federal property may be nominated by the Secretary of the Interior'' and inserting ``(c) Nomination of Non-Federal Property to World Heritage Committee.--No non-Federal property may be nominated by the Secretary''; and (5) by adding at the end the following: ``(d) Requirements for Nomination of Properties.--The Secretary shall not nominate a property under subsection (b) unless-- ``(1) the Secretary publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code; ``(2) the Secretary, in carrying out the proceeding described in paragraph (1)-- ``(A) considers-- ``(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and ``(ii) the impact that inclusion of the property proposed to be nominated on the World Heritage List would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated; and ``(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by inclusion of the property on the World Heritage List; and ``(3) the Secretary submits to Congress a report that-- ``(A) contains the information described in subparagraphs (A) and (B); ``(B) describes the necessity for including the property on the list; and ``(C) proposes legislation authorizing nomination of the property; and ``(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report. ``(e) Objection to Inclusion of Property.--The Secretary shall object to the inclusion of property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary submits to Congress the report required under subsection (d)(1)(C); and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1). ``(f) Decisionmaking.--Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following: ``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. ``(a) In General.--No Federal official may nominate property in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization unless-- ``(1) the Secretary of State publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code; ``(2) the Secretary of State, in carrying out the proceeding described in paragraph (1)-- ``(A) considers-- ``(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and ``(ii) the impact that inclusion of the property proposed to be designated as a Biosphere would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated; ``(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by designation of the property as a Biosphere; and ``(3) the Secretary of State submits to Congress a report that-- ``(A) contains the information described in subparagraphs (A) and (B); ``(B) describes the necessity for including the property in the program; and ``(C) proposes legislation authorizing nomination of the property; and ``(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report. ``(b) Objection to Inclusion of Property.--The Secretary of State shall object to the designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization, unless-- ``(1) the Secretary of State submits Congress the report required under subsection (a)(1)(C); and ``(2) the Secretary of State is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1). ``(c) Properties Designated Before Date of Enactment.--Any designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization made before the date of enactment of this section shall terminate on December 31, 2003, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after the date of enactment of this section and before December 31, 2003; ``(2) consists solely of property that on the date of enactment of this section is owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of nearby non-Federal property is not limited or restricted as a result of the designation. ``(d) Decisionmaking.--Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.''. SEC. 5. TECHNICAL AMENDMENTS. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended-- (1) in the last sentence of section 401(b), by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''; and (2) in section 402, by striking ``Sec. 402. Prior to the approval'' and inserting the following: ``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS OUTSIDE THE UNITED STATES. ``Prior to the approval''.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any non-federal property for inclusion on the World Heritage List unless the Secretary: (1) publishes a proposed nomination in the Federal Register and conducts required hearings; (2) considers natural resources in the area, as well as the impact that inclusion would have on existing and future property uses; (3) determines that commercially viable uses of the property and adjacent property within ten miles will not be adversely affected by inclusion; and (4) submits a report to Congress describing the necessity of such inclusion and proposing legislation authorizing such nomination.Requires the Secretary to object to inclusion of property on the World Heritage in Danger list unless the Secretary: (1) submits such report to Congress; and (2) is specifically authorized to assent to such inclusion by an Act of Congress.Prohibits any Federal official from nominating property for designation as a Biosphere Reserve unless the Secretary of State: (1) publishes such proposed nomination and conducts required hearings; (2) makes the same considerations and submits the same type of report as required of the Secretary for inclusion on the World Heritage List and the nomination is specifically authorized by an Act of Congress. Requires such Secretary to object to such a designation unless such report is submitted and such Secretary is specifically authorized to assent to such inclusion by an Act of Congress. Provides transitional provisions for property so designated before the enactment of this Act.

SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as ``Fire Safe Cigarette Act of 1994''. (b) Findings.--The Congress finds that-- (1) cigarette ignited fires are the leading cause of fire deaths in the United States, (2) in 1990 there were 1,200 deaths from cigarette ignited fires, 3,360 civilian injuries from such fires, and $400 million in property damage caused by such fires, (3) over 100 children are killed each year from cigarette related fires, (4) the results accomplished under the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990 complete the necessary technical work for a cigarette fire safety standard, (5) it is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes, (6) the most recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,000,000,000 a year, and (7) it is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 2. CIGARETTE FIRE SAFETY STANDARD. (a) In General.--Not later than one year after the date of the enactment of this Act, the Consumer Product Safety Commission shall by rule issue a cigarette fire safety standard for cigarettes to reduce the risk of ignition presented by cigarettes. In establishing the standard the Commission shall-- (1) consult with the National Institute of Standards and Technology and make use of its capabilities as it deems necessary and seek the advice and expertise of other Federal and State agencies engaged in fire safety, and (2) take into account the final report to the Congress made by the Commission and the Technical Advisory Group established under section 3 of the Fire Safe Cigarette Act of 1990 in which it was found that cigarettes with a low ignition propensity are already on the market. (b) Stockpiling.--The Commission shall include in the rule issued under subsection (a) a prohibition of stockpiling of cigarettes to which the standard issued under subsection (a) will not apply. For purposes of this subsection, the term ``stockpile'' means the manufacturing or importing of a cigarette between the date a standard is issued under subsection (a) and the date the standard is to take effect at a rate greater than the rate the cigarettes were manufactured or imported for the one year period ending on the date the standard was issued. (c) Procedure.--The rule under subsection (a) shall be issued in accordance with section 553 of title 5, United States Code. (d) Effective Date.--The Commission shall prescribe the effective date of the rule issued under subsection (a), except that such date may not be later than 2 years after the date of the enactment of this Act. (e) Judicial Review.-- (1) General rule.--Any person who is adversely affected by a rule issued under subsection (a) may, at any time before the 60th day after the Commission issues the rule, file a petition with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or has its principal place of business to obtain judicial review of the rule. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Commission shall file in the court the record of the proceedings on which the Commission based the rule as provided in section 2112 of title 28, United States Code. (2) Additional evidence.--If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission in a hearing or in such other manner, and upon such terms and conditions, as the court deems proper. The Commission may modify the Commission's findings as to the facts, or make new findings, by reason of the additional evidence so taken, and the Commission shall file such modified or new findings, and the Commission's recommendations, if any, for the modification of the rule. (3) Court jurisdiction.--Upon the filing of a petition under paragraph (1), the court shall have jurisdiction to review the rule of the Commission, as modified, in accordance with chapter 7 of title 5, United States Code. SEC. 3. ENFORCEMENT. (a) Prohibition.--No person may manufacture or import a cigarette unless the cigarette is in compliance with a cigarette fire safety standard issued under section 2(a). (b) Penalty.--A violation of subsection (a) shall be considered a violation of section 19 of the Consumer Product Safety Act. SEC. 4. PREEMPTION. (a) In General.--This Act and the cigarette fire safety standard promulgated under section 2(a) do not preempt or otherwise affect in any way any law of a State or political subdivision which prescribes a fire safety standard for cigarettes which is more stringent than the standard promulgated under section 2(a). (b) Defenses.--In any civil action for damages compliance with the fire safety standard promulgated under section 2(a) may not be admitted as a defense. SEC. 5. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Consumer Product Safety Commission. (2) The term ``cigarette'' has the meaning prescribed by section 3 of the Federal Cigarette Labeling and Advertising Act.

Fire Safe Cigarette Act of 1994 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with such standard. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecstasy Prevention Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illegal importation and use of 3,4-methylenedioxy methamphetamine (referred to in this Act as ``MDMA'' or ``Ecstasy'') has increased more than 400 percent during the past 3 years, as evidenced by Ecstasy seizures by the United States Customs Service. (2) Some research has indicated that the use of Ecstasy can cause long-lasting and perhaps permanent damage to the serotonin system of the brain, and can cause long-term problems with learning and memory. (3) Due to the popularity and marketability of Ecstasy, and the skyrocketing use, seizures, and deaths, greater emphasis needs to be placed on-- (A) the education of young people on the negative health effects of Ecstasy (and other club drugs) since the reputation of Ecstasy as a ``safe drug'' is its most dangerous component; (B) the education of State and local law enforcement agencies and health care professionals and personnel regarding the growing problem of Ecstasy use and trafficking; (C) adequate funding for the National Institutes of Health to support and report on research that documents the health effects of Ecstasy use; and (D) State and local government initiatives. SEC. 3. GRANTS FOR ECSTASY ABUSE PREVENTION. Section 506B(c) of title V of the Public Health Service Act is amended by adding at the end the following: ``(3) Effective programs.-- ``(A) In general.--In addition to the priority under paragraph (2), the Administrator shall give priority to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy, and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use. ``(B) State priority.--A priority grant may be made to a State under this paragraph on a pass-through basis to an eligible community.''. SEC. 4. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY DRUG TRAFFICKING AREAS. (a) Program.-- (1) In general.--The Director of the Office of National Drug Control Policy shall use amounts available under this section to combat the trafficking of MDMA in areas designated by the Director as high intensity drug trafficking areas. (2) Activities.--In meeting the requirement in paragraph (1), the Director shall transfer funds to assist anti-Ecstasy law enforcement initiatives in high intensity drug trafficking areas, including assistance for investigative costs, intelligence enhancements, technology improvements, and training. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section-- (A) $15,000,000 for fiscal year 2002; and (B) such sums as may be necessary for each of the fiscal years 2003 through 2005. (2) No supplanting.--Any Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be used to carry out activities funded under this section. (c) Apportionment of Funds.--The Director shall apportion amounts appropriated for a fiscal year pursuant to the authorization of appropriations in subsection (b) for activities under subsection (a) among and within areas designated by the Director and based on the threat assessments submitted by individual high intensity drug trafficking areas. SEC. 5. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. (a) In General.--In conducting the national media campaign under section 102 of the Drug-Free Media Campaign Act of 1998, the Director of the Office of National Drug Control Policy shall ensure that such campaign addresses the reduction and prevention of abuse of MDMA and club and emerging drugs among young people in the United States. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2002; and (2) such sums as are necessary for each of the fiscal years 2003 through 2005. SEC. 6. MDMA DRUG TEST. There are authorized to be appropriated to the Office of National Drug Control Policy such sums as are necessary to commission a drug test for MDMA which would meet the standards for the Federal Workplace. SEC. 7. NATIONAL INSTITUTE ON DRUG ABUSE REPORT. (a) Research.--The Director of the National Institute on Drug Abuse (referred to in this section as the ``Director'') shall conduct research-- (1) that evaluates the effects that MDMA use can have on an individual's health, such as-- (A) physiological effects such as changes in ability to regulate one's body temperature, stimulation of the cardiovascular system, muscle tension, teeth clenching, nausea, blurred vision, rapid eye movement, tremors, and other such conditions, some of which can result in heart failure or heat stroke; (B) psychological effects such as mood and mind altering and panic attacks which may come from altering various neurotransmitter levels such as serotonin in the brain; (C) short-term effects like confusion, depression, sleep problems, severe anxiety, paranoia, hallucinations, and amnesia; and (D) long-term effects on the brain with regard to memory and other cognitive functions, and other medical consequences; and (2) documenting those research findings and conclusions with respect to MDMA that are scientifically valid and identify the medical consequences on an individual's health. (b) Final Report.--Not later than January 1, 2003, the Director shall submit a report to the Congress. (c) Report Public.--The report required by this section shall be made public. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 to carry out this section. SEC. 8. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE. (a) Establishment.-- (1) In general.--The Director of the Office of National Drug Control Policy shall establish a Task Force on Ecstasy/ MDMA and Emerging Club Drugs (referred to in this section as the ``task force'') which shall-- (A) design, implement, and evaluate the education, prevention, and treatment practices and strategies of the Federal Government with respect to Ecstasy, MDMA, and emerging club drugs; and (B) specifically study the club drug problem and report its findings to Congress. (2) Membership.--The task force shall-- (A) be under the jurisdiction of the Director of the Office of National Drug Control Policy, who shall designate a chairperson; and (B) include as members law enforcement, substance abuse prevention, judicial, and public health professionals as well as representatives from Federal, State, and local agencies. (b) Responsibilities.--The responsibilities of the task force shall be-- (1) to evaluate the current practices and strategies of the Federal Government in education, prevention, and treatment for Ecstasy, MDMA, and other emerging club drugs and recommend appropriate and beneficial models for education, prevention, and treatment; (2) to identify appropriate government components and resources to implement task force recommendations; and (3) to make recommendations to the President and Congress to implement proposed improvements in accordance with the National Drug Control Strategy and its budget allocations. (c) Meetings.--The task force shall meet at least once every 6 months. (d) Termination.--The task force shall terminate 3 years after the date of enactment of this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 to carry out this section.

Ecstasy Prevention Act of 2001 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to give priority in the award of certain grants to States on a pass-through basis to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy (3,4-methylenedioxy methamphetamine or MDMA), and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use.Requires the Director of the Office of National Drug Control Policy to: (1) use amounts available under this Act to combat the trafficking of Ecstasy in designated high intensity drug trafficking areas; and (2) ensure that the national media campaign under the Drug-Free Media Campaign Act of 1998 addresses the reduction and prevention of abuse of Ecstasy and club and emerging drugs among young people in the United States.Provides for: (1) funding for an Ecstasy drug test which would meet Federal workplace standards; and (2) a mandatory research study by the Director of the National Institute on Drug Abuse that evaluates the effects that Ecstasy use can have on an individual's health.Requires the Director of the Office of National Drug Control Policy to establish an interagency Task Force on Ecstasy/MDMA and Emerging Club Drugs.

SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS. (a) Defense Contractors.--(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305a the following new section: ``Sec. 2305b. Contractor requirement for satisfactory record of integrity and business ethics ``(a) In General.--No prospective contractor may be awarded a contract with an agency under this title unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws). ``(b) Information To Be Considered.--In making a determination as to whether a prospective contractor has a satisfactory record of integrity and business ethics, a contracting officer-- ``(1) shall consider all relevant credible information, but shall give the greatest weight to any violations of law that have been adjudicated during the 3-year period preceding the offer by the prospective contractor; ``(2) shall consider any administrative agreements entered into with the prospective contractor if the prospective contractor has taken corrective action after disclosing a violation of law, and may consider such a contractor to be a responsible contractor if the contractor has corrected the conditions that led to the misconduct; ``(3) shall consider failure to comply with the terms of an administrative agreement to be a lack of integrity and business ethics under this section; ``(4) may consider other relevant information, such as civil or administrative complaints or similar actions filed by or on behalf of a Federal agency, board, or commission, if such action reflects an adjudicated determination by the agency; and ``(5) shall consider the following in descending order of importance: ``(A) Convictions of and civil judgments rendered against the prospective contractor for-- ``(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local contract or subcontract; ``(ii) violation of Federal or State antitrust law relating to the submission of offers; or ``(iii) commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, tax evasion, or receiving stolen property. ``(B) Indictments for the offenses described in subparagraph (A). ``(C) With respect to tax, labor, employment, environmental, antitrust, or consumer protection laws-- ``(i) Federal or State felony convictions; ``(ii) adverse Federal court judgments in civil cases brought by the United States; ``(iii) adverse decisions by a Federal administrative law judge, board, or commission indicating violations of law; and ``(iv) Federal or State felony indictments.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2305a the following new item: ``2305b. Contractor requirement for satisfactory record of integrity and business ethics.''. (b) Other Contractors.--(1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303L the following new section: ``SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS. ``(a) In General.--No prospective contractor may be awarded a contract with an agency unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws). ``(b) Information To Be Considered.--In making a determination as to whether a prospective contractor has a satisfactory record of integrity and business ethics, a contracting officer-- ``(1) shall consider all relevant credible information, but shall give the greatest weight to any violations of law that have been adjudicated during the 3-year period preceding the offer by the prospective contractor; ``(2) shall consider any administrative agreements entered into with the prospective contractor if the prospective contractor has taken corrective action after disclosing a violation of law, and may consider such a contractor to be a responsible contractor if the contractor has corrected the conditions that led to the misconduct; ``(3) shall consider failure to comply with the terms of an administrative agreement to be a lack of integrity and business ethics under this section; ``(4) may consider other relevant information, such as civil or administrative complaints or similar actions filed by or on behalf of a Federal agency, board, or commission, if such action reflects an adjudicated determination by the agency; and ``(5) shall consider the following in descending order of importance: ``(A) Convictions of and civil judgments rendered against the prospective contractor for-- ``(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local contract or subcontract; ``(ii) violation of Federal or State antitrust law relating to the submission of offers; or ``(iii) commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, tax evasion, or receiving stolen property. ``(B) Indictments for the offenses described in subparagraph (A). ``(C) With respect to tax, labor, employment, environmental, antitrust, or consumer protection laws-- ``(i) Federal or State felony convictions; ``(ii) adverse Federal court judgments in civil cases brought by the United States; ``(iii) adverse decisions by a Federal administrative law judge, board, or commission indicating violations of law; and ``(iv) Federal or State felony indictments.''. (2) The table of sections at the beginning of such Act is amended by inserting after the item relating to section 303L the following new item: ``303M. Contractor requirement for satisfactory record of integrity and business ethics.''. (c) Effective Date.--The amendments made by this section shall apply with respect to contracts for which solicitations are issued after the date of the enactment of this Act.

Amends Federal defense contract law and the Federal Property and Administrative Services Act of 1949 to prohibit a contractor from being awarded a defense or Federal contract unless the Federal contracting officer determines that such contractor has a satisfactory record of integrity and business ethics, including compliance with all applicable laws. Outlines information to be considered by a contracting officer in making such determination, with an emphasis on any violations that have been adjudicated during the prior three-year period, as well as certain convictions of and civil judgments rendered against such contractor.

SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY. (a) Findings.--The Congress finds the following: (1) Few families have contributed as profoundly to the United States as the family that gave the Nation its second president, John Adams; its sixth president, John Quincy Adams; first ladies Abigail Smith Adams and Louisa Catherine Johnson Adams; and succeeding generations of statesmen, diplomats, advocates, and authors. (2) John Adams (1735-1826), a lawyer, a statesman, and a patriot, was the author of the Constitution of the Commonwealth of Massachusetts (the oldest written constitution still in force), the leader of the Second Continental Congress, a driving force for independence, a negotiator of the Treaty of Paris (which brought the Revolutionary War to an end), the first Vice President, the second President, and an unwavering exponent of freedom of conscience and the rule of law. (3) Abigail Smith Adams (1744-1818) was one of the most remarkable women of her time. Wife of former President John Adams and mother of former President John Quincy Adams, she was an early advocate for the rights of women and served the cause of liberty as a prolific writer, fierce patriot, and staunch abolitionist. (4) John Quincy Adams (1767-1848), the son of John and Abigail Adams, was a distinguished lawyer, legislator, and diplomat and a master of 7 languages, who served as Senator, Minister to the Netherlands under President George Washington, Minister to Prussia under the first President Adams, Minister to Great Britain under President James Madison, chief negotiator of the Treaty of Ghent (which ended the War of 1812), Secretary of State under President James Monroe, author of the Monroe Doctrine (which declared the Western Hemisphere off limits to European imperial expansion), sixth President, and the only former President to be elected to the House of Representatives, where he was known as ``Old Man Eloquent'' and served with great distinction as a leader in the fight against slavery and a champion of unpopular causes. (5) Louisa Catherine Johnson Adams (1775-1852), the wife of former President John Quincy Adams, was an educated, accomplished woman and the only first lady born outside the United States. Like Abigail Adams, she wrote eloquently on behalf of the rights of women and in opposition to slavery. (6) Charles Francis Adams (1807-1886), the son of John Quincy and Louisa Adams, served 6 years in the Massachusetts legislature, was a steadfast abolitionist who received the Free Soil Party's vice-presidential nomination in 1848, was elected to his father's seat in the House of Representatives in 1856, and served as ambassador to Great Britain during the Civil War, where his efforts were decisive in preventing the British Government from recognizing the independence of the Confederacy. (7) Henry Adams (1838-1918), the son of Charles Francis Adams, was an eminent writer, scholar, historian, and public intellectual, and was the author of many celebrated works, including ``Democracy'', ``The Education of Henry Adams'', and his 9-volume ``History of the United States during the Administrations of Jefferson and Madison''. (8) Both individually and collectively, the members of this illustrious family have enriched the Nation through their profound civic consciousness, abiding belief in the perfectibility of the Nation's democracy, and commitment to service and sacrifice for the common good. (9) Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated former Presidents as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to former President John Adams. (10) In recognition of the 200th anniversary of the end of the presidency of John Adams, the time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of his contributions and those of his family. (b) Authority to Establish Commemorative Work.--The Adams Memorial Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service. (c) Compliance with Standards for Commemorative Works.--The establishment of the commemorative work shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001, et seq.). (d) Use of Federal Funds Prohibited.--Federal funds may not be used to pay any expense of the establishment of the commemorative work. The Adams Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work. (e) Deposit of Excess Funds.--If, upon payment of all expenses of the establishment of the commemorative work (including the maintenance and preservation amount provided for in section 8(b) of the Commemorative Works Act (40 U.S.C. 1001, et seq.)), or upon expiration of the authority for the commemorative work under section 10(b) of such Act, there remains a balance of funds received for the establishment of the commemorative work, the Adams Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of such Act. SEC. 2. DEFINITIONS. For purposes of this Act, the terms ``commemorative work'' and ``the District of Columbia and its environs'' have the meanings given to such terms in section 2 of the Commemorative Works Act (40 U.S.C. 1002). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Adams Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Small Business Cybersecurity Act''. SEC. 2. IMPROVING CYBERSECURITY OF SMALL BUSINESSES. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (2) Resources.--The term ``resources'' means guidelines, tools, best practices, standards, methodologies, and other ways of providing information. (3) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632). (b) Small Business Cybersecurity.--Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)) is amended-- (1) in clause (vii), by striking ``and'' at the end; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: ``(viii) consider small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and''. (c) Dissemination of Resources for Small Businesses.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Director, in carrying out section 2(e)(1)(A)(viii) of the National Institute of Standards and Technology Act, as added by subsection (b) of this Act, in consultation with the heads of other appropriate Federal agencies, shall disseminate clear and concise resources to help small business concerns identify, assess, manage, and reduce their cybersecurity risks. (2) Requirements.--The Director shall ensure that the resources disseminated pursuant to paragraph (1)-- (A) are generally applicable and usable by a wide range of small business concerns; (B) vary with the nature and size of the implementing small business concern, and the nature and sensitivity of the data collected or stored on the information systems or devices of the implementing small business concern; (C) include elements, that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist small business concerns in mitigating common cybersecurity risks; (D) include case studies of practical application; (E) are technology-neutral and can be implemented using technologies that are commercial and off-the- shelf; and (F) are based on international standards to the extent possible, and are consistent with the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (3) National cybersecurity awareness and education program.--The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451). (4) Small business development center cyber strategy.--In carrying out paragraph (1), the Director, to the extent practicable, shall consider any methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). (5) Voluntary resources.--The use of the resources disseminated under paragraph (1) shall be considered voluntary. (6) Updates.--The Director shall review and, if necessary, update the resources disseminated under paragraph (1) in accordance with the requirements under paragraph (2). (7) Public availability.--The Director and the head of each Federal agency that so elects shall make prominently available on the respective agency's public Internet website information about the resources and updates to the resources disseminated under paragraph (1). The Director and the heads shall each ensure that the information they respectively make prominently available is consistent, clear, and concise. (d) Other Federal Cybersecurity Requirements.--Nothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies. (e) Funding.--This Act shall be carried out using funds otherwise authorized to be appropriated or made available to the National Institute of Standards and Technology. Passed the House of Representatives October 11, 2017. Attest: KAREN L. HAAS, Clerk.

NIST Small Business Cybersecurity Act (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST) to consider small businesses when it facilitates and supports the development of voluntary, consensus-based, industry-led guidelines and procedures to cost-effectively reduce cyber risks to critical infrastructure. NIST must consult with other federal agencies to disseminate, and publish on its website, standard and method resources that small business may use voluntarily to help identify, assess, manage, and reduce their cybersecurity risks. The resources must: (1) include case studies of practical application, (2) be based on international standards to the extent possible, (3) be able to vary with the nature and size of the implementing small business and the sensitivity of the data collected or stored on the information systems, (4) be capable of promoting awareness of third-party stakeholder relationships to assist small businesses in mitigating common cybersecurity risks, and (5) be consistent with the national cybersecurity awareness and education program under the Cybersecurity Enhancement Act of 2014. Other federal agencies may elect to publish the resources on their own websites.

of Approval.-- (1) Introduction and placement on calendar.--If the President submits a formal request under subsection (a)(1) for authorization to use members of the Armed Forces for a military humanitarian operation, then within 1 calendar day of such request, the majority leader of the Senate and the Speaker of the House of Representatives shall introduce an identical joint resolution in the Senate and the House of Representatives calling for consideration of the military humanitarian operation and shall place such resolution directly on the calendar of the respective House. (2) Floor consideration.-- (A) In general.--It shall be in order for any Member of the respective House to move to proceed to the consideration of a resolution introduced under paragraph (1), and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. The vote shall occur not later than 48 hours after submission of a formal request under subsection (a)(1), unless the President waives such deadline, in which case the vote in each House shall occur on the next calendar day each respective House is in session. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. (3) Coordination with action by other house.--If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1)-- (A) the resolution of the other House shall not be referred to a committee; and (B) with respect to the resolution of the House receiving the resolution, the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on final passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (4) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of 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 resolution described in paragraph (1), 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. SEC. 4. SEVERABILITY. If any provision of this Act is held to be unconstitutional, the remainder of the Act shall not be affected.

Military Humanitarian Operations Act of 2012 - Prohibits the President from deploying members of the Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation unless: (1) the President submits to Congress a formal authorization request, and (2) Congress enacts a specific authorization. Defines a "military humanitarian operation" as a military operation involving the deployment of members or weapons systems of the Armed Forces where hostile activities are reasonably anticipated and with the aim of preventing or responding to a humanitarian catastrophe, including its regional consequences, or addressing a threat posed to international peace and security. Provides for the consideration of a joint resolution of approval of such use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Neutral Government Act of 2009''. SEC. 2. AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS. (a) Federal Authorities.--Subject to the requirements of this Act, each executive agency (as defined in section 105 of title V of the United States Code) and each legislative branch office is authorized to use appropriated funds to purchase either or both of the following in any open market transaction, that complies with all applicable procurement rules and regulations and is approved in accordance with subsection (c): (1) Qualified tradeable greenhouse gas offsets. (2) Qualified tradeable renewable energy credits. (b) Qualification of Offsets and Credits.--A tradeable greenhouse gas offset or renewable energy credit shall be treated as qualified for purposes of this section if the Secretary of Energy certifies the generator of such offset or credit. Upon the application of any person generating or planning to generate any such offsets or credits, the Secretary shall certify the generator if the Secretary determines that the generator meets, or will, upon implementation, meet, such requirements as the Secretary deems necessary, under rules promulgated by the Secretary, to ensure that the offsets or credits generated will represent the reduction of greenhouse gases as specified or estimated in the offset (in the case of an offset) or in the generation of the amount of renewable energy which the credit represents or is estimated to represent (in the case of a credit). A reduction in greenhouse gases that the Secretary determines would have occurred in the absence of the opportunity to sell an offset for such reduction shall not be treated as a qualified offset for purposes of this Act. (c) Approval of Open Market Transactions.--The Secretary of Energy shall promulgate rules, after notice and opportunity for comment, regarding the open market transactions (involving qualified tradeable greenhouse gas offsets and qualified tradeable renewable energy credits) that will be treated as approved for purposes of this Act. Such rules shall accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators, and other open market transactions that are useful in enabling short-term purchases of greenhouse gas offsets and renewable energy credits to contribute meaningfully to the implementation of small scale offset and renewable energy generators. (d) Definitions.--For purposes of this Act: (1) Greenhouse gas offset.--The term ``greenhouse gas offset'' means the reduction in emissions of greenhouse gases that results from an action or actions undertaken for the purpose, among others, of reducing greenhouse gas emissions (including the generation of renewable energy), where: (A) such action or actions would not have occurred in the absence of the opportunity to sell an offset for the resulting reductions; (B) the party claiming credit for the reductions has acquired the exclusive legal rights to claim credit for the reductions; and (C) such exclusive legal rights can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (2) Greenhouse gas.--The term ``greenhouse gas'' includes carbon dioxide, methane, nitrous oxide, and fluorinated gases. (3) Renewable energy credit.--The term ``renewable energy credit'' means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where: (A) those attributes are transferred or recorded separately from that unit of energy; (B) the party claiming ownership of the credit has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy; and (C) exclusive legal ownership of the credit can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (4) Renewable energy.--The term ``renewable energy'' means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (5) Tradeable.--The term ``tradeable'' when used in connection with an offset or credit means that the offset or credit is available for purchase and sale in an open and transparent market. (e) Effective Date.--The authority of section 1 shall take effect for fiscal years after the enactment of this Act.

Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets; and (2) renewable energy credits. Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators. Defines "greenhouse gas offsets" to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Success Act of 1999''. TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into contracts for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (b) Lawfulness of Contracts; Preemption.--Any human capital investment contract that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) Definition of Human Capital Investment Contract.--For purposes of this title, the term ``human capital investment contract'' means an agreement between an eligible student and any other person under which the eligible student sells and assigns specified percentages of the eligible student's future income, for a specified period of time, in exchange for payments to or on behalf of such student for-- (1) the tuition and related expenses of attendance by the student at an eligible institution, and (2) any income taxes owed by the student as a consequence of the receipt of such payments. (b) Terms and Conditions of Agreements.--A human capital investment contract complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of earned income.--A human capital investment contract shall specify the percentages of future earned income which the student will be obligated to pay, except that the contract-- (A) shall specify the maximum amount of earned income for each year to which such specified percentage shall apply; (B) shall provide a schedule of reductions in such percentage if the student's earned income from full- time employment is less than amounts specified in the contract; and (C) may specify a schedule of increases in such percentage if the student obtains a deferral under paragraph (6), subject to the limitation in paragraph (2). (2) Aggregate limitation on obligation.--No eligible student may enter into any human capital investment contract if the total percentage of such student's future earned income that the student agrees to pay under that contract, and any other human capital investment contracts of such student, exceeds 20 percent of such future earned income. (3) Specified duration; extension of period for deferrals.--A human capital investment contract shall specify the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, except that-- (A) except as provided in subparagraph (B), such period may not exceed 180 months; and (B) such contract may provide that such period may be extended by the number of months during which the student obtains a deferral of payments under paragraph (5) or (6). (4) Commencement of repayment.--A human capital investment contract shall provide that the student is not obligated to commence payments, and that the deferral period in paragraph (5) does not begin to toll, until the student-- (A) ceases to carry at an eligible institution at least the minimum academic workload set forth in the contract; or (B) ceases to be eligible to meet the deferral requirements set forth in paragraph (6). (5) Deferral for under-employment or unemployment.--A human capital investment contract shall provide that the student may obtain a deferral of the obligation to make payments under the contract during any period in which the student is unemployed, except that the contract may provide that, if the student is unemployed for longer than a maximum period specified in the contract, the student agrees to extinguish obligations under the contract by payment of-- (A) the amounts determined in accordance with paragraph (7), and (B) any related administrative costs of collecting such amounts, including attorney's fees. (6) Deferral during periods of graduate study.--A human capital investment contract shall provide that a student who is enrolled or accepted for enrollment in a postgraduate degree program is not obligated to commence payments under the contract until the student ceases to carry a full-time academic workload leading to such a degree at an eligible institution, except that the contract may provide that the maximum period for which payments may be deferred pursuant to this paragraph shall not exceed 48 months. (7) Accelerated repayment.--A human capital investment contract shall specify the terms and conditions by which the student may extinguish the student's obligations under the contract before the end of the payment period specified in the human capital investment contract, based on the remaining term of such period. (c) Required Disclosures.--A human capital investment contract does not comply with the requirements of this section unless the eligible student is provided, before entry into agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the student will be required to pay under the agreement-- (A) may be more or less than the amount provided to the student; and (B) will vary in proportion to the student's future earned income; (2) the obligations of the student under the agreement are not dischargeable under bankruptcy law; (3) the obligations of the student under the agreement may be extinguished by accelerating payments, as specified in the agreement; and (4) the duration of the student's obligations under the agreement (absent such accelerating payments). SEC. 103. DEFINITIONS. As used in this title-- (1) Earned income.-- (A) The term ``earned income'' means compensation and self-employment income. (B) The term ``compensation'' means the gross amount of salaries, wages, and other remunerations earned by the student as an employee, not taking into account any deferred compensation arrangements or any payments to any retirement, pension, or other benefit plan. (C) The term ``self-employment income'' means the net earnings from self-employment, as defined in section 1402 of the Internal Revenue Code of 1986, and regulations prescribed thereunder. (2) Eligible student.--The term ``eligible student'' means any person-- (A) who is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or permanent resident of the Trust Territory of the Pacific Islands, Guam, the Northern Mariana Islands; (B) who is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution of higher education; and (C) who is not enrolled in an elementary or secondary school. (3) Eligible institution.--The term ``eligible institution'' means an institution of higher education as such term is defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)). (4) Full-time employment; period of no employment.-- Determinations of full-time employment in a given calendar year shall be based on an average employment of 35 hours (or more) per week during such year (a total of 1,820 hours or more for the year). Determinations of period of no employment of a student shall be determined separately for each calendar year and expressed as a whole number of weeks and shall be based on the excess, if any, of 1,820 over the total number of hours of employment of the student during the year, divided by 35, and rounded down to the nearest whole number. (5) State law.-- (A) The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). (B) The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Human Capital Investment Contracts.--A human capital investment contract (as defined in section 102 of the Student Success Act of 1999) shall not be treated as a debt instrument for purposes of this title, and amounts received by the student for entering into such a contract shall be includible in such student's gross income for purposes of subtitle A.'' (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 (relating to depreciation) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Human Capital Investment Contracts.--If a depreciation deduction is allowable under subsection (a) with respect to any human capital investment contract (as defined in section 102 of the Student Success Act of 1999), such deduction-- ``(1) shall be allowable beginning with the taxable year during which the student is first obligated to begin payments under the contract, and ``(2) shall be computed by using the straight-line method and a useful life equal to the shorter of-- ``(A) 15 years, or ``(B) the maximum period the student is obligated to make payments under the contract (determined without regard to any extension of such period by reason of a deferral).'' (c) Deduction for Payments.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS. ``In the case of an individual who is obligated to make payments under a human capital investment contract (as defined in section 102 of the Student Success Act of 1999), there shall be allowed as a deduction the amount of such payments made during the taxable year.'' (2) Deduction allowable in determining adjusted gross income.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Human capital investment contract payments.--The deduction allowed by section 221.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Payments under human capital investment contracts. ``Sec. 222. Cross reference.'' (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph (1) of section 7704(d) of such Code is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by inserting after subparagraph (G) the following new subparagraph: ``(H) income derived from, or gain from the sale or other disposition of any human capital investment contract (as defined in section 102 of the Student Success Act of 1999).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT COMPANIES. Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended by inserting ``human capital investment contracts (as such term is defined in section 102 of the Student Success Act of 1999),'' after ``relating to foreign currency,''. TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 401. EXCEPTION TO DISCHARGE. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (17) by striking ``and'' at the end, (2) in paragraph (18) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(19) for a payment owed by the debtor as a result of a payment made to or for the benefit of the debtor, under a human capital investment contract (as defined in section 102 of the Student Success Act of 1999 unless-- ``(A) such payment owed by the debtor first became due more than 7 years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition; or ``(B) excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents.''. TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED. Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)) 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) No portion of any amounts received by a student for entering into a human capital investment contract (as defined in section 102 of the Student Success Act of 1997) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under this Act.''.

TABLE OF CONTENTS: Title I: Authorization of Human Capital Investment Contracts Title II: Tax Treatment of Human Capital Investment Contracts Title III: Securities Law Treatment of Human Capital Investment Contracts Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts Student Success Act of 1999 - Title I: Authorization of Human Capital Investment Contracts - Authorizes individuals to enter into human capital investment contracts (HCICs) for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (Sec. 101) Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. (Sec. 102) Sets forth terms and conditions of HCICs, including requirements relating to: (1) specification of the percentages of future earned income which the student will be obligated to pay and of the maximum amount of earned income for each year to which such specified percentage shall apply; (2) a schedule of reductions in such percentage if the student's earned income from full-time employment is less than amounts specified in the contract (and an allowable schedule of limited increases in such percentage if the student obtains a deferral); (3) prohibitions against a student's entering into HCICs where payments exceed 20 percent of future earned income; (4) specification of the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, up to 180 months, with extensions by the number of deferred months; (5) no obligation to commence payments while carrying at least a minimum academic workload or while eligible for deferrals; (6) deferrals during periods of unemployment (as well as allowing certain payments to extinguish obligation after a maximum period of unemployment); (7) deferrals for up to 48 months of graduate education; (8) accelerated repayment; and (9) required disclosures. Title II: Tax Treatment of Human Capital Investment Contracts - Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. (Sec. 201) Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC. Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation. Title III: Securities Law Treatment of Human Capital Investment Contracts - Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies. Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts - Amends Federal bankruptcy law to except from discharge in bankruptcy any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC, unless: (1) such payment owed by the debtor first became due more than seven years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition for bankruptcy; or (2) excepting such debt from discharge will impose an undue hardship on the debtor and the debtor's dependents. Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts - Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project BioShield Material Threats Act of 2007''. SEC. 2. MATERIAL THREATS. (a) In General.--Section 319F-2(c)(2)(A) of the Public Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by moving each of such subclauses two ems to the right; (3) by striking ``(A) Material threat.--The Homeland Security Secretary'' and inserting the following: ``(A) Material threat.-- ``(i) In general.--The Homeland Security Secretary''; and (4) by adding at the end the following clauses: ``(ii) Use of existing risk assessments.-- For the purpose of satisfying the requirements of clause (i) as expeditiously as possible, the Homeland Security Secretary shall, as practicable, utilize existing risk assessments that such Secretary considers credible. ``(iii) Order of assessments.-- ``(I) Groupings to facilitate assessment of countermeasures.--In conducting threat assessments and determinations under clause (i) of chemical, biological, radiological, and nuclear agents, the Homeland Security Secretary shall, to the extent practicable and appropriate, consider the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures under paragraph (3) by the Secretary of Health and Human Services. ``(II) Categories of countermeasures.--The grouping of agents under subclause (I) by the Homeland Security Secretary shall be designed to facilitate assessments under paragraph (3) by the Secretary of Health and Human Services regarding the following two categories of countermeasures: ``(aa) Countermeasures that may address more than one agent identified under clause (i)(II). ``(bb) Countermeasures that may address adverse health consequences that are common to exposure to different agents. ``(III) Rule of construction.--A particular grouping of agents pursuant to subclause (II) is not required under such subclause to facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern one category and not the other. ``(iv) Time frame for completion of certain national-security determinations.--With respect to chemical, biological, radiological, and nuclear agents known to the Homeland Security Secretary as of the day before the date of the enactment of this clause, and which such Secretary considers to be capable of significantly affecting national security, such Secretary shall complete the determinations under clause (i)(II) not later than December 31, 2007. ``(v) Report to congress.--Not later than 30 days after the date on which the Homeland Security Secretary completes a material threat assessment under clause (i) or a risk assessment for the purpose of satisfying such clause, the Secretary shall submit to Congress a report containing the results of such assessment. ``(vi) Definition.--For purposes of this subparagraph, the term `risk assessment' means a scientific, technically-based analysis of agents that incorporates threat, vulnerability, and consequence information.''. (b) Authorization of Appropriations.--Section 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is amended-- (1) in paragraph (1), by striking ``2006,'' and inserting ``2009,''; and (2) by adding at the end the following: ``(3) Additional authorization of appropriations regarding certain threat assessments.--For the purpose of providing an additional amount to the Secretary to assist the Secretary in meeting the requirements of clause (iv) of section 319F- 2(c)(2)(A)) of the Public Health Service Act (relating to time frames), there are authorized to be appropriated such sums as may be necessary for fiscal year 2008, in addition to the authorization of appropriations established in paragraph (1). The purposes for which such additional amount may be expended include conducting risk assessments regarding clause (i)(II) of such section when there are no existing risk assessments that the Secretary considers credible.''.

Project Bioshield Material Threats Act of 2007 - Amends the Public Health Service Act to require the Secretary of Homeland Security (the Secretary) to utilize existing risk assessments to assess current and emerging threats of chemical, biological, radiological, and nuclear agents and determine which of such agents present a material threat against the U.S. population sufficient to affect national security. Requires the Secretary to group such assessments to facilitate assessments by the Secretary of Health and Human Services on the availability and appropriateness of specific countermeasures to address more than one such agent or address adverse health consequences that are common to exposure to different agents. Requires the Secretary to complete assessments by December 31, 2007, for those agents known to the Secretary by the date of enactment of this Act that are capable of significantly affecting national security and to submit the results to Congress. Amends the Homeland Security Act of 2002 to reauthorize appropriations through FY2009 for the Secretary to carry out such terror threat assessments. Authorizes additional appropriations to enable the Secretary to meet the deadlines established under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Improvement Act of 1993''. SEC. 2. ADJUSTMENTS IN EXEMPT AMOUNT FOR PURPOSES OF THE RETIREMENT TEST. (a) Increase in Exempt Amount for Individuals Who Have Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(1)) before the close of the taxable year involved shall be-- ``(I) for the taxable year beginning after 1993 and before 1995, $1,000.00, ``(II) for the taxable year beginning after 1994 and before 1996, $1,166.66\2/3\, ``(III) for the taxable year beginning after 1995 and before 1997, $1,333.33\1/3\, ``(IV) for the taxable year beginning after 1996 and before 1998, $1,500.00, and ``(V) for the taxable year beginning after 1997 and before 1999, $1,666.66\2/3\. ``(ii) For purposes of subparagraph (B)(ii)(II), the increase in the exempt amount provided under clause (i)(V) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 1997.''. (b) Conforming Amendment.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if section 2 of the Social Security Benefits Improvement Act of 1993 had not been enacted''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after 1993. SEC. 3. ADJUSTMENT IN RATE OF ACTUARIAL REDUCTION IN AMOUNT OF WIDOW'S AND WIDOWER'S INSURANCE BENEFITS SO AS TO REDUCE MAXIMUM REDUCTIONS TO 25 PERCENT. (a) In General.--Section 202(q)(1)(A) of the Social Security Act (42 U.S.C. 402(q)(1)(A)) is amended by striking ``\19/40\ of 1 percent'' and inserting ``\5/12\ of 1 percent''. (b) Conforming Amendments.-- (1) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is amended by striking ``28.5 percent'' each place it appears and inserting ``25.0 percent''. (2) Section 202(q)(10) of such Act (42 U.S.C. 402(q)(10)) is amended by striking ``\19/40\ of 1 percent'' each place it appears and inserting ``\5/12\ of 1 percent''. (c) Effective Date and Transition Rule.-- (1) Effective date.--The amendments made by this section shall apply with respect to benefits for months after January 1994. (2) Transition rule.--Section 1634 of the Social Security Act (42 U.S.C. 1383c) is amended by adding at the end the following new subsection: ``(e)(1) In the case of any eligible widow or widower (as defined in paragraph (2)) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for any month but is not eligible for benefits under this title in that month-- ``(A) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom supplemental security income benefits are paid under this title in that month, if he or she would be eligible for such benefits in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded, and ``(B) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom State supplementary payments, of the type referred to in section 1616(a) of this Act or in section 212(a) of Public Law 93-66 which are paid by the Secretary under an agreement referred to in such section 1616(a) or in section 212(b) of Public Law 93-66, are paid in that month, if he or she would be eligible for such payments in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded. ``(2) For purposes of paragraph (1), the term `eligible widow or widower' means an individual-- ``(A) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for January 1994 and with respect to whom a benefit under this title was paid in that month, and ``(B) who, because of the increase in the amount of his or her widow's or widower's insurance benefits which results from the amendments made by subsections (a) and (b) of section 3 of the Social Security Benefits Improvement Act of 1993, is not eligible for benefits under this title in the first month in which such increase is paid to him or her (and in which a retroactive payment of such increase for prior months was not made). ``(3) For purposes of this subsection, the term `benefit under this title' means a supplemental security income benefit under this title, and a State supplementary payment of the type referred to in section 1616(a) (or a payment of the type referred to in section 212(a) of Public Law 93-66) which is paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93- 66).''. SEC. 4. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY. (a) Widow's Insurance Benefits.-- (1) In general.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (4)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (4) and (II)''; (C) by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and (D) in paragraph (4)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which her application is filed''. (2) Conforming amendments.-- (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking ``paragraph (7)'' and inserting ``paragraph (6)''. (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''. (b) Widower's Insurance Benefits.-- (1) In general.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (5)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (5) and (II)''; (C) by striking paragraph (5) and by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (D) in paragraph (5)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which his application is filed''. (2) Conforming amendments.-- (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking ``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting ``and 202(f)(1)(B)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after August 1993 for which applications are filed or pending on or after September 1, 1993. SEC. 5. INCREASE IN OASDI CONTRIBUTION AND BENEFIT BASE. Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is amended-- (1) in the first sentence, by striking ``and'' before ``(2)'', by striking the period at the end of subclause (D) of clause (2) and inserting a comma, and by adding at the end, after and below such subclause (D), the following: ``and (3) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1994 shall be the contribution and benefit base which would be determined under this section with respect to remuneration paid (and taxable years beginning) in such year if section 5 of the Social Security Benefits Improvement Act of 1993 had not been enacted, plus $2,100.00.''; (2) in the last sentence, by striking ``in 1982 and subsequent years'' and inserting ``in years beginning after 1981 and ending before 1994''; and (3) by adding at the end the following new sentence: ``For purposes of determining under subsection (b) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1995 and subsequent years, the contribution and benefit base determined under clause (3) of the first sentence of this subsection shall be considered to have resulted from the application of such subsection (b) and to be the contribution and benefit base determined (with respect to 1994) under that subsection.''.

Social Security Benefits Improvement Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; and (4) increase the OASDI contribution and benefit base beginning in 1994.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Liberty Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELANS. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2014; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Rules in applying certain provisions.--In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section-- (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; and (B) the Secretary of Homeland Security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting waivers under subparagraph (B), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Attorney General shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela and who has been physically present in the United States for a continuous period, beginning on a date during the required presence period and ending on the date the application for adjustment under such subsection is adjudicated, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced during the required presence period, an alien-- (A) shall demonstrate that the alien, during the required presence period-- (i) applied to the Secretary of Homeland Security for asylum; (ii) was issued an order to show cause under the Immigration and Nationality Act; (iii) was placed in exclusion, deportation, or removal proceedings under such Act; (iv) applied for adjustment of status under section 245 of such Act (8 U.S.C. 1255); (v) applied to the Secretary of Homeland Security for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States during the required presence period; or (B) shall make such other demonstration of physical presence as the Secretary of Homeland Security may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Venezuela; (B) the alien-- (i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning on a date during the required presence period and ending on the date on which the application for adjustment under this subsection is adjudicated; or (ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted, or was eligible for adjustment, to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a); (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply; and (E) applies for such adjustment before April 1, 2014. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced during the required presence period in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). (f) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (g) Definition.--For purposes of this Act, the term ``required presence period'' means the period beginning on February 2, 1999, and ending on March 4, 2013. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Venezuelan Liberty Act - Provides for the adjustment to permanent resident status of a national of Venezuela who has maintained a required physical presence in the United States during the period beginning on February 2, 1999, and ending on March 4, 2013, and who, during such period, applied for asylum and was placed in exclusion, deportation, or removal proceedings. Requires individuals to apply for adjustment before April 1, 2014.

SECTION 1. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND ENCUMBRANCES. Section 315(c)(1) of the Federal Maritime Commission Authorization Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended-- (1) by striking ``3 contiguous tracts'' and inserting ``4 tracts''; and (2) by striking ``Tract A'' and all that follows through the end of the paragraph and inserting the following: ``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). ``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 169.3 feet; thence S45+ 28, 31" W 75 feet; (Deed Call S45+ 30, 51" W 75 feet), thence N44+ 29, 09" W 169.3 feet; thence N45+ 28, 31" E 75 feet to the point of commencement and containing 12,697 square feet (0.2915 acres). ``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). ``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29, 09" E 169.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 50.7 feet; thence N45+ 28, 31" E 75 feet; thence N44+ 29, 09" W 50.7 feet; thence S45+ 28, 31" W 75 feet (Deed Call S45+ 30, 51" W 75 feet) to the point of commencement and containing 3,802 square feet (0.0873 acres). ``Composite Description--A tract of land lying in section 2, Township 10 South--Range 8 West, Calcasieu Parish, Louisiana, and being mone [sic] particularly described as follows: Begin at a point N45+ 28, 31" E 123.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence N45+ 28, 31" E 175.0 feet; thence S44+ 29, 09" E 220.0 feet; thence S45+ 28, 31" W 175.0 feet; thence N44+ 29, 09" W 220.0 feet to the point of beginning, containing 0.8035 acres.''.

Amends the Federal Maritime Commission Authorization Act of 1990 to revise the property description of certain land and improvements located in Calcasieu Parish, Louisiana, which were the subject of a release of restrictions by the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Emergency Agricultural Assistance Act''. SEC. 2. CROP DISASTER ASSISTANCE FOR 2001, 2002, AND 2003 CROP LOSSES. (a) In General.--The Secretary of Agriculture shall make emergency financial assistance available to producers on a farm who have incurred qualifying crop losses for the 2001, 2002, or 2003 crop, or any combination of those crops, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--Except as provided in subsection (c), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Payment Rates.--The Secretary shall make a disaster payment available to producers on a farm for a crop under this section at a rate equal to-- (1) 40 percent of the established price for the crop for any deficiency in production greater than 20 percent, but less than 35 percent, for the crop; and (2) 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. (d) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (e) Other Assistance.--Subject to subsection (d), the amount of assistance that producers on a farm would otherwise receive under this section shall be reduced by the amount of assistance provided to the producers on the farm for crop losses described in subsection (a) under any other Federal law. SEC. 3. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS. (a) In General.--The Secretary of Agriculture shall make emergency financial assistance available to producers on a farm who incur qualifying crop losses for an insurable crop due to damaging weather or related condition, as determined by the Secretary, which results in the designation of the county in which the farm is located as a federally declared disaster area. (b) Administration.--Except as provided in subsections (c) and (d), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Payment Rate.--Subject to subsection (e), the Secretary shall make assistance available to producers on a farm for a crop under this section at a rate equal to 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. (d) Receipt Conditioned on Having Crop Insurance.--The producers on a farm shall not be eligible for assistance under subsection (a) with respect to losses to a crop unless the producers obtained, before the losses were incurred, a policy or plan of insurance for the crop under the Federal Crop Insurance Act that provided a level of coverage equal to or greater than 60 percent. (e) Payment Limitation.-- (1) Limitation.--Assistance provided under subsection (a) to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Crop insurance payments made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. (f) Definition.--In this section, the term ``federally declared disaster area'' is a county covered by a Presidential declaration of major disaster issued under section 301 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or determined to be a disaster area by the Secretary under subpart A of part 1945 of title 7, Code of Federal Regulations. The term does not include a contiguous county. (g) Effective Date.--This section applies to crop years after the 2003 crop year. SEC. 4. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary of Agriculture shall make and administer payments for livestock losses to producers for 2001, 2002, or 2003, or any combination of those years, in a county that has received a corresponding emergency designation by the President or the Secretary, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (c) Other Assistance.--The amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance provided to the producer for losses described in subsection (a) under any other Federal law. SEC. 5. FUNDING AND REIMBURSEMENT. (a) In General.--The Secretary of Agriculture shall use the funds of the Commodity Credit Corporation to carry out this Act. (b) Permanent Program.--There is hereby authorized to be appropriated such amounts as may be necessary to reimburse the Commodity Credit Corporation for funds expended by the Secretary under section 3. SEC. 6. EMERGENCY DESIGNATIONS. (a) In General.--The amounts referred to in sections 2 and 4 are designated by Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004. (b) Permanent Program.--Amounts appropriated pursuant to the authorization of appropriations in section 5(b) to reimburse the Commodity Credit Corporation shall be treated as emergency spending. The allocation for a fiscal year otherwise made to the Committees on Appropriations of the House of Representatives and the Senate pursuant to section 302(a) of the Congressional Budget Act of 1974 shall be increased by the amount appropriated pursuant to such authorization of appropriations for the same fiscal year. SEC. 7. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to carry out this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Permanent Emergency Agricultural Disaster Assistance Act - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to: (1) crop producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003; and (2) livestock producers for losses in 2001, 2002, or 2003, including livestock under the American Indian livestock program, in a disaster-designated county. Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act. Directs the Secretary to make emergency financial assistance available after 2003 to producers with specified crop insurance coverage who have suffered qualifying weather-caused crop damage in a disaster-designated area.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Farm, Fishing, and Ranch Risk Management Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk Management Account (hereinafter referred to as the `FFARRM Account'). ``(b) Limitation.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FFARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(2) Distributions.--Distributions from a FFARRM Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section (3) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FFARRM Account.--For purposes of this section-- ``(1) In general.--The term `FFARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FFARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FFARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FFARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FFARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FFARRM Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the FFARRM Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FFARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FFARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.'' (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a FFARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 is amended by adding at the end the following new subsection: ``(g) Excess Contributions to FFARRM Accounts.--For purposes of this section, in the case of a FFARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FFARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.'' (3) The section heading for section 4973 is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.'' (4) The table of sections for chapter 43 is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.'' (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for ffarrm accounts.--A person for whose benefit a FFARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FFARRM Account by reason of the application of section 468C(f)(3)(A) to such account.'' (2) Paragraph (1) of section 4975(e) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a FFARRM Account described in section 468C(d),''. (d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2) of section 6693(a) (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FFARRM Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm, Fishing and Ranch Risk Management Accounts.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Farm, Fishing, and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual involved in an eligible farming or commercial fishing business to make a deductible contribution up to 20 percent of his or her farming or fishing taxable income to a Farm, Fishing, and Ranch Risk Management Account (FFARRM Account).States that: (1) Account distributions may not be used to add capacity or contribute to the overcapitalization of any fishery; (2) Account contributions shall not reduce self-employment net earnings; (3) Account distributions (other than income attributed to the Account) shall be includible in gross income, including deposits not distributed within five years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015''. SEC. 2. REPORT ON MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM; LIMITATIONS ON SANCTIONS RELIEF. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Energy, shall submit to the appropriate congressional committees a report that-- (1) at a minimum, provides a detailed assessment of the nature, scope, and duration of each activity specified in subsection (b); (2) with respect to each activity specified in subsection (b), assesses-- (A) whether the activity continues or when the activity ended; (B) whether Iran consulted, cooperated, or collaborated with any foreign entity in the activity and, if so, a full description of the nature, scope, and duration of such consultation, cooperation, or collaboration; (C) the differences between the conclusions of the International Atomic Energy Agency and the most recent determination of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))); (D) the ability of Iran to quickly resume the activity, if the activity has ended, and to advance beyond the current stage of development; and (E) the credibility of Iran's arguments related to dual-use technology; and (3) includes-- (A) a summary of refusals by Iran to cooperate with International Atomic Energy Agency inspectors and requests since January 2003; (B) a list of any Iranian institutes or other entities involved in nuclear weapon activities or research; (C) a list of Iranian scientists or other experts who worked on Iran's nuclear weapon program; and (D) a list of sites where Iranian nuclear weapon related activities are occurring or have occurred. (b) Activities Specified.--The activities specified in this subsection are the following: (1) The existence of management and organization structures to facilitate the development of a nuclear explosive device. (2) Procurement activities associated with a nuclear weapon program. (3) Covert acquisition of uranium or plutonium, covert uranium conversion, covert uranium reconversion, and covert uranium enrichment activities. (4) Attempted or actual acquisition of nuclear weapon design information. (5) Metallurgical work associated with nuclear devices. (6) Development of detonators and associated equipment for a nuclear weapon. (7) Possession of multipoint initiation technology relevant to a nuclear explosive device. (8) Use of multipoint initiation technology for experiments associated with a nuclear explosive device. (9) Development of simulated components for a nuclear explosive device, including components relevant to the dynamic compressive testing of those components. (10) Computer modeling studies of component arrangements specific to nuclear explosive configurations based on implosion technology and studies relating to high explosives modeling. (11) Experiments with materials and configurations that could generate neutrons under shock compression for the purpose of initiating an implosion-type nuclear explosive device. (12) Planning, preparation, and execution of experiments relevant to testing a nuclear explosive device, specifically, but not limited to, tests to determine whether detonator firing components would function over a long distance between the firing point and a test device located down a deep shaft. (13) Activities related to the integration of a new spherical payload into the existing payload chamber of the re- entry vehicle for a ballistic missile. (14) Activities related to a fuzing, arming, and firing system for a heavy spherical ballistic missile payload. (15) Activities at Parchin Military Complex related to nuclear weapons. (16) Nuclear weapon related activities at the Physics Research Center and subsequent organizations, and the purpose of such activities. (17) Activities associated with the research, development, testing, or fielding related to ballistic missiles capable of carrying a nuclear weapon. (18) Activities by Iran to conceal nuclear weapon related activities. (c) Limitations on Provision of Sanctions Relief to Iran.-- Notwithstanding section 135 of the Atomic Energy Act of 1954 (42 U.S.C. 2160e) or any other provision of law, the United States Government shall not provide any sanctions relief to Iran until the date that is 90 days after-- (1) the submission of the report required by subsection (a); (2) the Director of National Intelligence, the Secretary of Energy, the Secretary of State, and the Secretary of Defense jointly certify to the appropriate congressional committees that Iran has verifiably ended all military dimensions of its nuclear program, including research, development, testing, or fielding related to ballistic missiles capable of carrying a nuclear weapon; and (3) there is enacted into law a joint resolution approving the provision of sanctions relief. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Person.--The term ``person'' means an individual or entity. (4) Sanctions relief.--The term ``sanctions relief'' means the termination, waiver, deferral, or other suspension of any sanctions imposed by the United States with respect to Iran pursuant to a statute, executive order, or regulation, including sanctions applicable to United States persons and sanctions applicable to foreign persons. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015 This bill requires the Director of National Intelligence (DNI) to report to Congress on the military dimensions of of Iran's nuclear program. The U.S. government shall not provide any sanctions relief to Iran until 90 days after: (1) the report's submission; (2) the DNI, the Department of Energy, the Department of State, and the Department of Defense certify jointly to Congress that Iran has ended all military dimensions of its nuclear program; and (3) a joint resolution has been enacted into law approving such sanctions relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete Streets Act of 2008''. SEC. 2. SAFE AND COMPLETE STREETS. Section 133 of title 23, United States Code, is amended by adding at the end the following: ``(g) Complete Streets Policy.-- ``(1) In general.--Beginning with the fiscal year that begins 2 years after the date of enactment of this subsection, States and Metropolitan Planning Organizations shall-- ``(A) adopt an explicit statement of policy (that meets the requirements of subsection (b)) that the safety and convenience of all users of the transportation system shall be accommodated; ``(B) apply such policy to the projects contained in the Transportation Improvement Program; and ``(C) incorporate the principles in this policy into all aspects of the transportation project development process, including project identification, scoping procedures and design approvals, as well as design manuals and performance measures. ``(2) Purpose.--The purpose of the policy statement required under paragraph (1)(A) is to ensure that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right of way. ``(h) Policy Statement Requirements.--A policy statement under subsection (g)(1)(A) shall include the following: ``(1) An assurance that all users of the transportation system will include pedestrians (including individuals of all ages, and individuals with disabilities (including mobility, sensory, neurological or hidden disabilities)), bicyclists, transit vehicles and users, and motorists. ``(2) An assurance that the statement will apply to both new construction and reconstruction (including resurfacing, restoring, and rehabilitation (3R) projects) improvement projects. Simple improvements, such as re-striping for bicycle and pedestrian accommodation, may be encouraged in pavement resurfacing projects when they fall within the overall scope of the original roadwork. ``(3) A clear procedure that requires approval by a senior manager of any specified exceptions from implementing the policy statement, including documentation with supporting data that indicates the basis for the exemption. ``(4) A statement directing the use of the current design standards, including those standards applying to access for individuals with disabilities. ``(5) A statement requiring that complete streets solutions be developed to fit in with the context of the community and that those solutions be flexible. ``(6) A description of the performance standards with measurable outcomes that will be developed. ``(7) A statement that accommodation shall be made for all users in all construction and improvement projects unless one or more of the following apply: ``(A) The project involved a roadway on which non- motorized users are prohibited by law from using. In such case, a greater effort shall be made to accommodate bicyclists and pedestrians elsewhere. ``(B) The cost of establishing complete facilities would be excessively disproportionate to the need or probable use. ``(C) With respect to a project area with a low population, other documented factors indicate an absence of need now and in the future. ``(D) A Metropolitan Planning Organization or State department of transportation that is adopting complete streets policies may consult existing Federal guidance, including the 2000 USDOT Guidance document, `Accommodating Bicycle and Pedestrian Travel'. ``(E) The policy statement may be achieved through a State or local law or ordinance, or through an agency policy directive. ``(i) Certifications.--The Metropolitan Planning Organization and State department of transportation shall certify that each road project included in such plan has been reviewed for its compliance with any applicable policy statement under this section and that each project under such plan enhances the safety, convenience, and accessibility of the transportation system for all users to the extent that it is reasonably possible and that the project applicant addressed these concerns in the material prepared for public input with respect to such plan. A Metropolitan Planning Organization's implementation of its complete streets policy shall be a factor included in the review for the Metropolitan Planning Organization certification as provided for in section 134(5). ``(j) Accessibility Standards.--Not later than 12 months after the date of enactment of this subsection, the United States Access Board shall issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Until such time as the Access Board completes a final Public Right of Way Accessibility rule, Department of Transportation Standards for Accessible Transportation Facilities (49 C.F.R. 37.9, as amended on 10/ 30/2006 (71 FR 63263)) shall serve as the minimum standard. If the Department Of Transportation standards are silent or inapplicable with respect to any issue, the 2005 draft Public Right Of Way Accessibility Guidelines provisions shall be consulted. ``(k) Inclusion of All Users.--Metropolitan planning organizations and State departments of transportation shall strongly encourage local jurisdictions that are served by such organizations to maximize their efforts to include all users in their transportation planning. ``(l) Additional Provisions.-- ``(1) Research.-- ``(A) In general.--The Secretary of Transportation shall require the Federal Highway Administration to conduct complete streets research to assist States and Metropolitan Planning Organizations in developing, adopting, and implementing plans, projects, procedures, policies, and training that comply with the applicable statement of policy under subsection (g)(1)(A). ``(B) Participation.--Research under subparagraph (A) shall be conducted with the participation of the American Association of State Highway Transportation Officials, the Institute of Transportation Engineers, the American Public Transit Association, the American Planning Association, the National Association of Regional Councils, the Association of Metropolitan Planning Organizations, and representatives of the disability, motoring, bicycling, walking, transit user, aging, and other affected communities. ``(C) Existing needs.--Research under subparagraph (A) shall be based on the existing statement of complete streets research needs as outlined by the Transportation Research Board in TR Circular E110, and shall also develop new areas of inquiry. ``(2) Benchmarks and guidance.--The research project conducted under paragraph (1) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on how to effectively implement street procedures and designs that will accommodate all types of users along the same facility or corridor including, vehicles, pedestrians, bicycles, and transit use. Such benchmarks and guidance shall focus on changing scoping, design, and construction procedures to more effectively fit the individual modes together into integrated facilities that meet the needs of each in an appropriate balance. Such benchmarks and guidance shall indicate the expected operational and safety performance of alternative approaches to facility design. ``(3) Best practices report.--Not later than 2 years after the date of enactment of this subsection, the Federal Highway Administration shall publish a best practices report showing how transportation agencies have changed their procedures to routinely design safe, effective multi-modal facilities. In establishing such best practices, consideration shall be given to the following areas: ``(A) Procedures for identifying the needs of the mix of users, including primary and secondary users that need to be served on various highway functional classes. ``(B) The identification of the types and designs of facilities needed to serve each of those types of users. ``(C) The identification of barriers to implementation as well as identification of costs associated with implementing complete streets policies. ``(4) Data collection.--In addition to preparing the report under paragraph (3), the Federal Highway Administration shall work with the Bureau of Transportation Statistics and the Federal Transit Association and appropriate Transportation Research Board committees on data collection, including a baseline non-motorized and transit use survey that will be integrated into the National Highway Traffic Safety Administration and the development of a survey tool for use by State transportation departments in identifying the multi-modal capacity of State and local road networks.''.

Complete Streets Act of 2008 - Amends the surface transportation program to require state and metropolitan planning organizations (MPOs) to: (1) adopt a policy statement that ensures that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right-of-way; and (2) apply such policy to Transportation Improvement Program projects as well as to all aspects of the transportation project development process. Requires states and MPOs to certify that each road project has been reviewed for compliance with the policy statement and enhances the safety, convenience, and accessibility for all users of the transportation system to the extent reasonably possible. Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Directs the Secretary of Transportation to require the Federal Highway Administration (FHWA) to conduct complete streets research to assist states and MPOs in developing and implementing plans, projects, procedures, policies, and training that comply with the policy statement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracing and Recalling Agricultural Contamination Everywhere Act of 2007'' or ``TRACE Act of 2007''. SEC. 2. TRACEABILITY OF FOOD. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 301, by inserting at the end the following: ``(jj) The failure to comply with any requirement of section 414A (relating to the traceability of food).''; and (2) in chapter IV, by inserting after section 414 the following: ``SEC. 414A. TRACEABILITY OF FOOD. ``(a) Establishment of System.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of food. ``(b) Description of System.--The traceability system required by subsection (a) shall require each article of food shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify an article of food pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the article. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any location at which any article of food was held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the location at which any article of food was held.''. SEC. 3. TRACEABILITY OF LIVESTOCK. Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of such animals forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, or horses, mules, or other equines not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(g) Relation to Country of Origin Labeling.--Nothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. SEC. 4. TRACEABILITY OF POULTRY. The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(g) Relation to Country of Origin Labeling.--Nothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. SEC. 5. TRACEABILITY OF EGG PRODUCTS. The Egg Products Inspection Act is amended by inserting after section 18 (21 U.S.C. 1047) the following: ``SEC. 18A. TRACEABILITY OF EGGS AND EGG PRODUCTS. ``(a) Establishment of System.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of eggs and egg products. ``(b) Description of System.--The traceability system required by subsection (a) shall require each egg or egg product shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the egg or egg product through a recordkeeping and audit system or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify eggs or egg products pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the eggs or egg products. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any location at which any eggs or egg products were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the locations at which were held any eggs or egg products.''.

Tracing and Recalling Agricultural Contamination Everywhere Act of 2007 or TRACE Act of 2007- Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food. States that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products produced through the slaughter of such animals. Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require a person or entity to maintain records. Amends the Poultry Products Inspection Act and the Egg Products Inspection Act to establish similar provisions for poultry and poultry products and for eggs and egg products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Uninsured Tax Equity Act of 1999''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 30 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Limitation based on earned income.--The payments taken into account under subsection (a) for any taxable year shall not exceed the sum of-- ``(A) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(B) the taxpayer's earned income (as defined in section 401(c)(2)). ``(2) Limitation based on other coverage.--Subsection (a) shall not apply to-- ``(A) any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer, or ``(B) amounts paid for coverage under-- ``(i) part B of title XVIII of the Social Security Act, or ``(ii) a Medicare supplemental policy (within the meaning of section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))) or similar supplemental coverage provided under a group health plan. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of subparagraph (A). ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--No credit shall be allowed under subsection (a) for any taxable year for which the taxpayer's adjusted gross income exceeds the applicable dollar amount by $10,000 or more. ``(2) Phaseout.--If the taxpayer's adjusted gross income for the taxable year exceeds the applicable dollar amount by less than $10,000, the credit which would (but for this subsection and subsection (d)) be allowed under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to such credit as such excess bears to $10,000. Any reduction under the preceding sentence which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--The term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $50,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $30,000, and ``(C) in the case of a married individual filing a separate return, zero. ``(4) Special rule for married individuals filing separately and living apart.--A husband and wife who-- ``(A) file separate returns for any taxable year, and ``(B) live apart at all times during such taxable year, shall not be treated as married individuals for purposes of this paragraph. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed by subsection (a) for the taxable year (determined after the application of subsections (b) and (c)) shall not exceed the sum of-- ``(A) the tax imposed by this chapter for the taxable year (reduced by the credits allowable against such tax other than the credits allowable under this subpart), and ``(B) the taxpayer's social security taxes for such taxable year. ``(2) Social security taxes.--For purposes of paragraph (1)-- ``(A) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(i) the amount of the taxes imposed by sections 3101, 3111, 3201(a), and 3221(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(ii) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(iii) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(B) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(C) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such subparagraph. ``(e) Coordination With Other Provisions.-- ``(1) Deduction for medical expenses.--The amount taken into account in computing the credit under subsection (a) shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Self-employed individuals allowed either deduction or credit for health insurance.--No credit shall be allowed under this section to a taxpayer for a taxable year if any amount is allowed as a deduction to such taxpayer for such year under section 162(l). ``(f) Expenses Must Be Substantiated.--A payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. ``(g) Section Not To Apply to Long-Term Care Insurance.--This section shall not apply to insurance which constitutes medical care by reason of section 213(d)(1)(C).'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Health insurance costs. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Limits the full credit to individuals whose adjusted gross income is under $30,000 ($50,000 if filing a joint return). Disallows any credit to a married individual filing a separate return, but treats married individuals living apart and filing separate returns as not married (thus qualifying them for the credit). Prescribes a formula for phase-out of the credit for taxpayers with an adjusted gross income exceeding $30,000 ($50,000 for a joint return) by less than $10,000. Allows self-employed individuals to elect such credit or the deduction for medical expenses, but not both. States that such credit does not apply to long- term health care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Transparent Regulatory and Environmental Actions in Mining Act'' or the ``STREAM Act''. SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. (a) Requirement.--Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL ANALYSES, AND ECONOMIC ASSESSMENTS. ``(a) Requirement.-- ``(1) In general.--The Secretary shall make publicly available 90 days before the publication of any draft, proposed, supplemental, final, or emergency rule under this Act, or any related environmental analysis, economic assessment, policy, or guidance, each scientific product the Secretary relied on in developing the rule, environmental analysis, economic assessment, policy, or guidance. ``(2) Federally funded scientific products.--For those scientific products receiving Federal funds in part, or in full, the Secretary shall also make publicly available the raw data used for the federally funded scientific product. ``(b) Compliance.-- ``(1) In general.--Failure to make publicly available any scientific product 90 days before the publication of-- ``(A) any draft, proposed, or supplemental rule, environmental analysis, economic assessment, policy or guidance shall extend by one day the comment period for each day such scientific product is not made available; or ``(B) any final or emergency rule shall delay the effective date of the final or emergency rule by 60 days plus each day the scientific product is withheld. ``(2) Delay longer than 6 months.--If the Secretary fails to make publicly available any scientific product for longer than 6 months, the Secretary shall withdraw the rule, environmental analysis, economic assessment, policy, or guidance. ``(3) Exception.--This subsection shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. ``(c) Definitions.--In this section: ``(1) Publicly available.--The term `publicly available' means published on the Internet via a publicly accessible website under the Secretary's control. ``(2) Environmental analysis.--The term `environmental analysis' means environmental impact statements and environmental assessments prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Scientific product.--The term `scientific product' means any product that-- ``(A) employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; ``(B) is relied upon by the Secretary in the development of any rule, environmental analysis, economic assessment, policy, or guidance; and ``(C) is not protected under copyright laws. ``(4) Raw data.--The term `raw data'-- ``(A) except as provided in subparagraph (B), means any computational process, or quantitative or qualitative data, that is relied on in a scientific product to support a finding or observation; and ``(B) does not include such data or processes-- ``(i) that are protected by copyright; ``(ii) that contain personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information; or ``(iii) to the extent that such data and processes are covered by the provisions of part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), and the provisions of subtitle D of title XIII of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.).''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 530. Publication of scientific products for rules and related environmental analyses, and economic assessments.''. SEC. 3. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE. (a) Requirement.--Title VII of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291 et seq.) is amended by adding at the end the following: ``SEC. 722. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE. ``(a) Study.--No later than 90 days after the date of the enactment of the STREAM Act, the Secretary of the Interior, in consultation with the Interstate Mining Compact Commission and its State members, shall enter into an arrangement with the National Academy of Sciences, for execution by the Board on Earth Sciences and Resources, to conduct a comprehensive study on the regulatory effectiveness of the `Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values' Final Rule published June 30, 1983 (48 Fed. Reg. 30312), and amended September 30, 1983 (48 Fed. Reg. 44777), in protecting perennial and intermittent streams through the use of stream buffer zones. If the study determines the existence of regulatory inefficiencies, then the study shall include suggestions and recommendations for increasing the effectiveness of the rule. ``(b) Results of the Study.--Not later than 2 years after execution of the arrangements under subsection (a), the Board on Earth Sciences and Resources shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, appropriate Federal agencies, and the Governor of each of the States represented on the Interstate Mining Compact Commission the results of the study conducted under subsection (a). ``(c) Funding.--There is authorized to be appropriated to the Secretary of the Interior $1,000,000 for fiscal year 2016 and $1,000,000 for fiscal year 2017 for the purposes of this section. ``(d) Prohibition on New Regulations.--The Secretary shall not issue any final or other regulations pertaining to the proposed rule entitled `Stream Protection Rule' (80 Fed. Reg. 44436) or relating to stream buffer zones, until 1 year after the Secretary has submitted the results of the study in accordance with subsection (b). If the Secretary proposes any such regulations after such submission, the Secretary shall take into consideration the findings of the study.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 720. Subsidence. ``Sec. 721. Research. ``Sec. 722. Study of the effectiveness of certain rule.''. SEC. 4. COMPLIANCE WITH OTHER FEDERAL LAWS. Section 702 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1292) is amended-- (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Compliance With Other Federal Laws.--Nothing in this Act authorizes the Secretary to take any action by rule, regulation, notice, policy, guidance, or order that duplicates, implements, interprets, enforces, or determines any action taken under an Act referred to in subsection (a) or any regulation or rule promulgated thereunder.''. Passed the House of Representatives January 12, 2016. Attest: KAREN L. HAAS, Clerk.

Supporting Transparent Regulatory and Environmental Actions in Mining Act or the STREAM Act (Sec. 2) This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available online and in the Federal Register, 90 days before publication, any draft, proposed, supplemental, final, or emergency rule, or any environmental analysis, economic assessment, policy, or guidance, and each scientific product upon which Interior has relied in developing the rule, the analysis, or the assessment. A scientific product is any product that: employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; is relied upon by Interior in developing any rule, environmental analysis, economic assessment, policy, or guidance; and is not protected under copyright laws. For scientific products receiving federal funds Interior must also make publicly available the raw data used for them (any computational process or quantitative or qualitative data not protected by copyright or containing personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information). If Interior fails to make publicly available any scientific product for longer than six months, it must withdraw the rule, environmental analysis, or economic assessment policy or guidance. This requirement shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. (Sec. 3) Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies. Appropriations for the study are authorized for FY2016-FY2017. Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection. (Sec. 4) The Surface Mining Control and Reclamation Act of 1977 is further amended to declare that nothing in it authorizes Interior to take any action that duplicates, implements, interprets, enforces, or determines compliance with specified mining, environmental, or fish and wildlife law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is caused by the bacterium Borrelia burgdorferi, which belongs to the class of spirochetes, and is transmitted to humans by the bite of infected black-legged ticks. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other diseases, such as anaplasmosis, babesiosis, and tularemia, and carry Bartonella and other strains of Borrelia. Other tick species, such as the aggressive lone star, spread ehrlichiosis, Rocky Mountain spotted fever, and southern tick-associated rash illness (STARI). Multiple diseases in 1 patient make diagnosis and treatment more difficult. (6) The Centers for Disease Control and Prevention reported more than 38,000 confirmed and probable Lyme disease cases in 2009. Over the past decade, the incidence of Lyme disease has increased by 84 percent. (7) According to the Centers for Disease Control and Prevention, from 1992 to 2006, the incidence of Lyme disease was highest among children aged 5 to 14 years of age. (8) Persistence of symptomatology in many patients without reliable testing makes diagnosis and treatment of patients more difficult. SEC. 3. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall-- (1) advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (A) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (B) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (C) ensure interagency coordination and communication with constituency groups; (D) ensure that a broad spectrum of scientific viewpoints are represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (E) advise relevant Federal agencies on priorities related to Lyme and other tick-borne diseases; and (2) in coordination with relevant agencies within the Department of Health and Human Services, regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide diversity of views. (c) Membership.-- (1) Appointed members.-- (A) In general.--From among individuals who are not officers or employees of the Federal Government, the Secretary shall appoint to the Committee, as voting members, the following: (i) Not less than 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) Not less than 2 representatives of tick-borne disease voluntary organizations. (iii) Not less than 2 health care providers, including not less than 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) Not less than 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (B) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary of Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Committee, acting through the members representing the Centers for Disease Control and Prevention and the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum-- (1) a description of the Committee's functions; (2) a list of the Committee's members and their affiliations; and (3) a summary of the Committee's activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated such sums a may be necessary for each of the fiscal years 2012 through 2016. Amounts appropriated under the preceding sentence shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE, PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--The Secretary, acting as appropriate through the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Agency for Healthcare Research and Quality, as well as additional Federal agencies as the Secretary determines to be appropriate, and in consultation with the Tick-Borne Diseases Advisory Committee, shall provide for-- (1) the conduct or support of the activities described in subsection (b); and (2) the coordination of all Federal programs and activities related to Lyme disease and other tick-borne diseases. (b) Activities.--The activities described in this subsection are the following: (1) Development of diagnostic tests.--Such activities include-- (A) the development of sensitive and more accurate diagnostic tools and tests, including a direct detection test for Lyme disease capable of distinguishing active infection from past infection; (B) improving the efficient utilization of diagnostic testing currently available to account for the multiple clinical manifestations of both acute and chronic Lyme disease; and (C) providing for the timely evaluation of promising emerging diagnostic methods. (2) Surveillance and reporting.--Such activities include surveillance and reporting of Lyme and other tick-borne diseases-- (A) to accurately determine the prevalence of Lyme and other tick-borne diseases; (B) to evaluate the feasibility of developing a reporting system for the collection of data on physician-diagnosed cases of Lyme disease that do not meet the surveillance criteria of the Centers for Disease Control and Prevention in order to more accurately gauge disease incidence; and (C) to evaluate the feasibility of creating a national uniform reporting system including required reporting by laboratories in each State. (3) Prevention.--Such activities include-- (A) the provision and promotion of access to a comprehensive, up-to-date clearinghouse of peer- reviewed information on Lyme and other tick-borne diseases; (B) increased public education related to Lyme and other tick-borne diseases through the expansion of the Community Based Education Programs of the Centers for Disease Control and Prevention to include expansion of information access points to the public; (C) the creation of a physician education program that includes the full spectrum of scientific research related to Lyme and other tick-borne diseases, and, in coordination with the Advisory Committee established under section 3, the publication of an annual report that evaluates published guidelines and current research available on Lyme disease, in order to best educate health professionals on the latest research and diversity of treatment options for Lyme disease; and (D) the sponsoring of scientific conferences on Lyme and other tick-borne diseases, including reporting and consideration of the full spectrum of clinically based knowledge, with the first of such conferences to be held not later than 24 months after the date of enactment of this Act. (4) Clinical outcomes research.--Such activities include-- (A) the establishment of epidemiological research objectives to determine the long-term course of illness for Lyme disease; and (B) determination of the effectiveness of different treatment modalities by establishing treatment outcome objectives. (c) Authorization of Appropriations.-- (1) In general.--For the purposes of carrying out this section, and for the purposes of providing for additional research, prevention, and educational activities for Lyme and other tick-borne diseases, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016. (2) Additional amounts.--The authorization of appropriations under this subsection is in addition to any other authorization of appropriations available for the purposes described in paragraph (1). SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (b) Content.--Reports under subsection (a) shall contain-- (1) significant activities or developments related to the surveillance, diagnosis, treatment, education, or prevention of Lyme or other tick-borne diseases, including suggestions for further research and education; (2) a scientifically qualified assessment of Lyme and other tick-borne diseases, including both acute and chronic instances, related to the broad spectrum of empirical evidence of treating physicians, as well as published peer reviewed data, that shall include recommendations for addressing research gaps in diagnosis and treatment of Lyme and other tick-borne diseases and an evaluation of treatment guidelines and their utilization; (3) progress in the development of accurate diagnostic tools that are more useful in the clinical setting for both acute and chronic disease; (4) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne diseases; and (5) a copy of the most recent annual report issued by the Tick-Borne Diseases Advisory Committee established under section 3 and an assessment of progress in achieving the recommendations included in the Committee's report.

Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and other tick-borne diseases. Directs the Committee to regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide variety of views. Requires the Secretary, acting as appropriate through various federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) surveillance and reporting of Lyme and other tick-borne diseases; (4) providing and promoting access to a clearinghouse of information on such diseases; (5) increasing public education related to such diseases; (6) creating a physician education program to educate health professionals on the latest research and diversity of treatment options for Lyme disease; (7) establishing epidemiological research objectives; and (8) determining the effectiveness of different treatment modalities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Corporation Reauthorization Act of 2006''. SEC. 2. PURPOSES OF THE CORPORATION. (a) Purposes.--Section 33(b) of the Small Business Act (15 U.S.C. 657c(b)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) to establish and maintain a national network of information and assistance centers for use by veterans and the public by-- ``(A) providing information regarding small business oriented employment or development programs; ``(B) providing access to studies and research concerning the management, financing, and operation of small business enterprises, small business participation in international markets, export promotion, and technology transfer; ``(C) providing referrals to business analysts who can provide direct counseling to veteran small business owners regarding the subjects described in this section; ``(D) serving as an information clearinghouse for business development and entrepreneurial assistance materials, as well as other veteran assistance materials, as deemed necessary, that are provided by Federal, State and local governments; and ``(E) providing assistance to veterans and service- disabled veterans in efforts to gain access to Federal prime contracts and subcontracts; and''; and (2) in paragraph (2), by striking ``including service- disabled veterans'' and inserting ``particularly service- disabled veterans''. SEC. 3. MANAGEMENT OF THE CORPORATION. (a) Appointments to the Board.--Section 33(c)(2) of the Small Business Act (15 U.S.C. 657c(c)(2)) is amended to read as follows: ``(2) Appointment of voting members.-- ``(A) In general.--The President shall, after considering recommendations proposed under subparagraph (B), appoint the 9 voting members of the Board, all of whom shall be United States citizens, and not more than 5 of whom shall be members of the same political party. ``(B) Recommendations.--Recommendations shall be submitted to the President for appointments under this paragraph by the chairman or ranking member (or both) of the Committee on Small Business and Entrepreneurship or the Committee on Veterans Affairs (or both) of the Senate or the Committee on Small Business or the Committee on Veterans Affairs (or both) of the House of Representatives. ``(C) Consultation with veteran organizations.-- Recommendations under subparagraph (B) shall be made after consultation with such veteran service organizations as are determined appropriate by the member of Congress making the recommendation. ``(D) Considerations.--Consideration for eligibility for membership on the Board shall include business experience, knowledge of veterans' issues, and ability to raise funds for the Corporation. ``(E) Limitation on internal recommendations.--No member of the Board may recommend an individual for appointment to another position on the Board.''. (b) Terms.--Section 33(c)(6) of the Small Business Act (15 U.S.C. 657c(c)(6)) is amended to read as follows: ``(6) Terms of appointed members.-- ``(A) In general.--Each member of the Board of Directors appointed under paragraph (2) shall serve for a term of 4 years. ``(B) Unexpired terms.--Any member of the Board of Directors appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of the term. A member of the Board of Directors may not serve beyond the expiration of the term for which the member is appointed.''. (c) Removal of Board Members.--Section 33(c) of the Small Business Act (15 U.S.C. 657c(c)) is amended by adding at the end the following: ``(12) Removal of members.--With the approval of a majority of the Board of Directors and the approval of the chairmen and ranking members of the Committee on Small Business and Entrepreneurship and the Committee on Veterans Affairs of the Senate, the Corporation may remove a member of the Board of Directors that is deemed unable to fulfill his or her duties, as established under this section.''. SEC. 4. TIMING OF TRANSFER OF ADVISORY COMMITTEE DUTIES. Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is amended by striking ``October 1, 2006'' and inserting ``October 1, 2009''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 33(k) of the Small Business Act (15 U.S.C. 657c(k)(1)) is amended-- (1) in paragraph (1)-- (A) by inserting ``, through the Office of Veteran's Business Development of the Administration,'' after ``to the Corporation''; and (B) by striking subparagraphs (A) through (D) and inserting the following: ``(A) $2,000,000 for fiscal year 2007; ``(B) $2,000,000 for fiscal year 2008; and ``(C) $2,000,000 for fiscal year 2009.''; (2) by striking paragraph (2) and inserting the following: ``(2) Matching requirements.-- ``(A) In general.--The Administration shall require, as a condition of any grant (or amendment or modification thereto) made to the Corporation under this section, that a matching amount (excluding any fees collected from recipients of such assistance) equal to the amount of such grant be provided from sources other than the Federal Government. ``(B) Limitation.--Not more than 33 percent of the total revenue of the Corporation, including the funds raised for use at the Veteran's Business Resource Centers, may be acquired from fee-for-service tools or direct charge to the veteran receiving services, as described in this section, except that the amount of any such fee or charge may not exceed the amount of such fee or charge in effect on the date of enactment of the Veterans Corporation Reauthorization Act of 2006. ``(C) Mission-related limitation.--The Corporation may not engage in revenue producing programs, services, or related business ventures that are not intended to carry out the mission and activities described in section (b). ``(D) Return to treasury.--Funds appropriated under this section that have not been expended at the end of the fiscal year for which they were appropriated shall revert back to the Treasury.''; and (3) by striking paragraph (3). SEC. 6. PRIVATIZATION. Section 33 of the Small Business Act (15 U.S.C. 657c) is amended-- (1) by striking subsections (f) and (i); and (2) by redesignating subsections (g), (h), (j), and (k) as subsections (f) through (i), respectively; and (3) by adding at the end the following: ``(j) Privatization.-- ``(1) Development of plan.--Not later than 6 months after the date of enactment of the Veterans Corporation Reauthorization Act of 2006, the Corporation shall develop, institute, and implement a plan to raise private funds and become a self-sustaining corporation. ``(2) GAO audit and report.-- ``(A) Audit.--The Comptroller General of the United States shall conduct an audit of the Corporation, in accordance with generally accepted accounting principles and generally accepted audit standards. ``(B) Inclusions.--The audit required by this paragraph shall include-- ``(i) an evaluation of the efficacy of the Corporation in carrying out the purposes under section (b); and ``(ii) an analysis of the feasibility of the sustainability plan developed by the Corporation. ``(C) Report.--Not later than 1 year after the date of enactment of the Veterans Corporation Reauthorization Act of 2006, the Comptroller General shall submit a report on the audit conducted under this paragraph to the Committee on Small Business and Entrepreneurship and the Committee on Veterans Affairs of the Senate and to the Committee on Small Business and the Committee on Veterans Affairs of the House of Representatives.''.

Veterans Corporation Reauthorization Act of 2006 - Amends the Small Business Act to make it the principal purpose of the Veterans Corporation to establish and maintain a national network of information and assistance centers for use by veterans and the public. Revises requirements for appointment of voting members of the Board of the Corporation. Shortens the term of appointment from six to four years. Provides for removal of a Board member deemed unable to fulfill his or her duties. Postpones from October 1, 2006, to October 1, 2009, the date upon which the Corporation shall assume the duties of the Advisory Committee on Veterans Affairs. Extends the authorization of appropriations. Revises grant matching requirements, establishing limitations on the Corporation's nonfederal sources of revenue. Directs the Corporation to develop and implement a plan to raise private funds and become a self-sustaining corporation within six months after enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Services Administration Portfolio Enhancement Act of 2007''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Northern portion of the property.--The term ``northern portion of the property'' means that portion of the property which the Administrator and the Museum deem appropriate for the museum facility. (6) Property.--The term ``property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326, and the westerly portions of Squares 351 and 352, including the parcel and structure commonly known as the ``Cotton Annex''. The property is generally bounded by 12th Street, Independence Avenue, Maryland Avenue, the James Forrestal Building, and L'Enfant Plaza, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. (7) Southern portion of the property.--The term ``southern portion of the property'' means that portion of the property other than the northern portion of the property. SEC. 3. CONVEYANCE OF PROPERTY. (a) Authority to Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the northern portion of the property to the Museum, and shall have the authority to convey the southern portion of the property to the Museum, in each case on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 90 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (4) Separate conveyance of northern and southern portions.--Under the agreement, the Administrator may convey the northern portion of the property separately from and, if so agreed by the Administrator and the Museum, at a different time than the southern portion of the property (if such southern portion is conveyed). (b) Purchase Price.-- (1) In general.--The purchase price for the property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The following terms and conditions shall apply to the appraisal: (i) The appraisal shall assume that the property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require response action (as defined in such section). (ii) The appraisal shall state a value for the property as a whole as well as separate values for the northern portion and southern portion of the property, taking into consideration the impact to value (if any) resulting from a conveyance of less than the entirety of the property. (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator; except that the Administrator shall provide the Committees with 30 days advance written notice of any expenditure of the proceeds. (d) Quit Claim Deed.--The property shall be conveyed (in the case of the southern portion of the property, if at all) pursuant to one or more quit claim deeds (one for the northern portion of the property and one for the southern portion of the property), (e) Use Restrictions.-- (1) Northern portion.--The northern portion of the property shall be dedicated for use as a site for a national health museum for the 99-year period beginning on date of conveyance of that portion to the Museum. (2) Southern portion.--The southern portion of the property may be used for any purposes permitted by applicable laws and regulations. (f) Reversion.-- (1) Bases for reversion.--The northern portion of the property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) that portion is not used as a site for a national health museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on that portion in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If any portion of the property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (g) Closing.-- (1) Deadline.--Any conveyance pursuant to this Act shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 4(a). (2) Applicability of requirements.--The requirements of this Act shall remain in full force and effect with respect to any portion of the property conveyed before the deadline established by paragraph (1) or any extension. SEC. 4. ENVIRONMENTAL MATTERS. (a) Authorization To Contract for Environmental Response Actions.-- The Administrator is authorized to contract, in the absence of appropriations and otherwise without regard to section 1341 of title 31, United States Code, with the Museum or an affiliate thereof for the performance (on behalf of the Administrator) of response actions (if any) required on the property pursuant to CERCLA. Any officer or employee of the United States may contract for payment of costs or expenses related to any properties that are conveyed (or to be conveyed) under this Act. (b) Crediting of Response Costs.--Any costs incurred by the Museum or an affiliate thereof pursuant to subsection (a) shall be credited to the purchase price for the property. (c) Relationship to CERCLA.--Nothing in this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(b) of CERCLA (42 U.S.C. 9620(b)). SEC. 5. INCIDENTAL COSTS. (a) Responsibilities.--Subject to section 4, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. (b) Relocation of Existing Tenants.--The costs of relocating existing tenants (including the costs of related studies), shall be paid by the Museum up to an amount to be agreed upon by the Administrator and the Museum in the agreement entered into under section 3(a)(2), and any costs in excess of such agreed upon amount shall be credited to the purchase price for the property upon the closing on the portion of the property first conveyed. SEC. 6. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 7. REPORTS. Not later than one year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the northern portion of the property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.

General Services Administration Portfolio Enhancement Act of 2007 - Directs the Administrator of General Services (GSA) to convey to the National Health Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility. Grants the Administrator the authority to convey the southern part of such property to the Museum. Requires the Administrator to enter into an agreement with the Museum for the conveyance. Permits separate conveyance of the northern and southern parts. Requires the northern part to be dedicated for use as a site for a national health museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Border Act of 2012''. SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER. (a) Strategy to Secure the Border Between the Ports of Entry.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between the ports of entry of the United States. The strategy shall include an analysis of the following: (1) Staffing requirements for all border security functions. (2) Investment in infrastructure, including pedestrian fencing, vehicle barriers, and roads. (3) The use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology as the Secretary may determine. (4) Cooperative agreements with international, State, local, tribal, and other Federal law enforcement agencies that have jurisdiction on the northern border and southern border. (5) Other means designed to detect, respond to, and interdict unlawful cross-border activity and to reduce the level of violence. (6) A schedule for implementing security measures, including a prioritization for future investments. (7) A comprehensive technology plan for major surveillance and detection technology programs, including a justification and rationale for technology choices and deployment locations. (8) The recommendations made in the December 2010 Government Accountability Office report entitled ``Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border''. (b) Securing the Border at Ports of Entry.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop metrics to measure the effectiveness of security at ports of entry, which shall consider, at minimum, the following: (1) The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at such ports of entry. (2) The estimated number of such infractions committed by major violators who are not so apprehended. (3) The required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control at such ports of entry. (4) Infrastructure improvements required to achieve operational control at such ports of entry, including the installation of nonintrusive detection equipment, radiation portal monitors, biometrics, and other sensors and technology that the Secretary determines necessary. (5) The deployment of resources based on the overall commercial and passenger traffic, cargo volume, and threat environment at such ports of entry. (6) The recommendations made in the December 2010 Government Accountability Office report entitled ``Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border''. (c) Evaluation by Department of Energy National Laboratory.--The Secretary of Homeland Security shall request the head of an appropriate Department of Energy National Laboratory with prior expertise in border security to evaluate the measurement system required under subsection (b) to ensure its suitability and statistical validity for analyzing progress for the interdiction of illegal crossing and contraband at ports of entry. (d) Consideration of Alternative Border Security Standards.--If in developing the strategic plan required under subsection (a) the Secretary of Homeland Security makes a determination to measure security between border ports of entry by a standard other than operational control, the Secretary shall request the head of an appropriate Department of Energy National Laboratory with prior expertise in border security to evaluate such alternative standard to ensure the suitability and statistical validity of such standard with respect to measuring the progress for the interdiction of illegal crossings and contraband that pass between such ports of entry. (e) Reports.--Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit the appropriate congressional committee a report on the following: (1) A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities across all mission areas. (2) Detailed information on the level of manpower data available at all land, air, and sea ports of entry, including the number of canine and agricultural officers assigned to each such port of entry. (f) Definitions.--In this Act: (1) Appropriate congressional committee.--The term ``appropriate congressional committee'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Major violator.--The term ``major violator'' means a person or entity that is or has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of narcotics, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, and other offenses serious enough to result in arrest. (3) Operational control.--The term ``operational control'' has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367). Passed the House of Representatives May 30, 2012. Attest: KAREN L. HAAS, Clerk.

Secure Border Act of 2012 - Directs the Secretary of Homeland Security (DHS) to submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between U.S. ports of entry. Requires such strategy to include an analysis of: (1) staffing requirements; (2) infrastructure needs; (3) the use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology; (4) cooperative agreements with international, state, local, tribal, and other federal law enforcement agencies; (5) other means designed to respond to unlawful cross-border activity and to reduce the level of violence; (6) a schedule for implementing security measures; (7) a plan for major surveillance and detection technology programs; and (8) the recommendations made in the Government Accountability Office (GAO) report "Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border." Directs the Secretary to develop metrics to measure security effectiveness at ports of entry which shall consider: (1) the number of infractions related to personnel and cargo committed by major violators; (2) the required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control; (3) infrastructure improvements; (4) resource deployment; and (5) the recommendations made in such GAO report. Sets forth reporting requirements.