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SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--Neither the President nor any other member of the Executive Branch of the United States Government shall interfere with the transfer of arms to the Government of Bosnia and Herzegovina. (b) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (c) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322), under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. (d) Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support or delivery of military equipment. SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--Neither the President nor any other member of the Executive Branch of the United States Government shall interfere with the transfer of conventional arms appropriate to the self-defense needs of the Government of Bosnia and Herzegovina. (b) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (c) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed Reg. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. (d) Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support or delivery of military equipment. SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER TO IMPLEMENT NATO EXCLUSION ZONES. (a) Purpose.--To approve and authorize the use of United States airpower to implement the North Atlantic Treaty Organization (NATO) exclusion zones around United Nations designated safe areas in Bosnia and Herzegovina and to protect United Nations forces. (b) Findings.--The Congress makes the following findings: (1) the war in the Republic of Bosnia and Herzegovina has claimed tens of thousands of lives and displaced more than two million citizens; (2) the Senate supports as a policy objective a peace settlement that provides for an economically, politically and militarily viable Bosnian state, capable of exercising its rights under the United Nations Charter; (3) United Nations Security Council Resolutions 836 and 844 call on member states, acting nationally or through regional organizations, to take all necessary measures to deter attacks against safe areas identified in Security Council resolution 824. (4) On February 9, 1994 the North Atlantic Council authorized the use of air strikes to end the siege of Sarajevo and on April 22, 1994 to end the siege of Gorazde and to respond to attacks on the safe areas of Bihac, Srebrenica, Tuzla or Zepa or to the threatening presence of heavy weapons within a radius of 20 kilometers of those areas (within Bosnia and Herzegovina); (5) The Congress in the fiscal year 1994 State Department authorization bill expressed its sense that the President should terminate the United States arms embargo on the Government of Bosnia and Herzegovina. (c) Policy.-- (1) The Senate authorizes and approves the decision by the President to join with our NATO allies in implementing the North Atlantic Council decisions-- (A) of June 10, 1993 to support and protect UNPROFOR forces in and around United Nations designated safe areas, and (B) of February 9, 1994 to use NATO's airpower in the Sarajevo region of Bosnia and Herzegovina, and (C) of April 22, 1994 to authorize CINCSOUTH to conduct air strikes against Bosnian Serb heavy weapons and other military targets within a 20 kilometers radius of the center of Gorazde, and Bihac, Srebrenica, Tuzla or Zepa (within the territory of Bosnia and Herzegovina) if these safe areas are attacked or threatened by Bosnian Serb heavy weapons. (2) The Congress favors the termination of the arms embargo against the Government of Bosnia and Herzegovina. The President shall seek immediately the agreement of NATO allies to terminate the international arms embargo on the Government of Bosnia and Herzegovina. In accordance with Administration policy following such consultations the President or his representative shall promptly propose or support a resolution in the United Nations Security Council to terminate the international arms embargo on Bosnia and Herzegovina. If the Security Council fails to pass such a resolution the President shall within 5 days consult with Congress regarding unilateral termination of the arms embargo on the Government of Bosnia and Herzegovina. Upon termination of the international embargo the President shall ensure that, subject to the regular notification procedures of the appropriate congressional committees, appropriate military assistance be provided expeditiously to Bosnia and Herzegovina upon receipt from that government of such a request in exercising its right of self- defense. (3) Unless previously authorized by the Congress no United States ground combat forces should be deployed in Bosnia and Herzegovina. Any request by the President for such authorization should include: (A) an explanation of the United States interests involved in such commitments or actions; (B) the specific objectives of the commitments or actions; (C) the likely duration of the operation; (D) the size, composition, command and control arrangements, rules of engagement, contributions of allied nations, and other details of the force needed to meet the objectives; (E) specific measurements of success, particularly the end point of the United States involvement, and what follow-on security arrangements would be needed; and (F) an estimate of financial costs, including burdensharing arrangements, and non-financial costs as can be determined. (4) Nothing in this legislation restricts the prerogative of Congress to review the arms embargo on Bosnia and Herzegovina. Passed the Senate May 12 (legislative day, May 2), 1994. Attest: MARTHA S. POPE, Secretary.

Prohibits the President or any other member of the executive branch from interfering with the transfer to the Government of Bosnia and Herzegovina of: (1) arms; or (2) conventional arms appropriate to self-defense needs. Requires the President to terminate the U.S. arms embargo of such government upon receipt of a request for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes and approves the President's decision to join with NATO allies in: (1) supporting and protecting UNPROFOR forces in and around United Nations designated safe areas; (2) using NATO's airpower in the Sarajevo region; and (3) authorizing air strikes against specified Bosnian Serb heavy weapons and other military targets within Bosnia if the safe areas are threatened by such weapons. Requires the President to seek the agreement of NATO allies to terminate the international arms embargo on Bosnia and Herzegovina. Declares that no U.S. ground combat forces should be deployed in Bosnia and Herzegovina unless previously authorized by the Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Fraud Act of 2016''. SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED ENTITIES. Paragraph (15) of section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended to read as follows: ``(15) Individuals and entities affiliated with a sanctioned entity.--(A) Any of the following: ``(i) Any individual who-- ``(I) is a person with an ownership or control interest in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an ownership or control interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and ``(II) knows or should have known (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. ``(ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). ``(iii) Any affiliated entity of a sanctioned entity. ``(B) For purposes of this paragraph, the term `sanctioned entity' means an entity-- ``(i) that has been convicted of any offense described in subsection (a) of this section or in paragraph (1), (2), or (3) of this subsection; or ``(ii) that has been excluded from participation under a program under title XVIII or under a State health care program. ``(C) For purposes of subparagraph (A), the term `affiliated entity' means, with respect to a sanctioned entity, an entity that is (or was at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B)) affiliated with such sanctioned entity, and includes an entity-- ``(i) that is a person with an ownership or control interest in such sanctioned entity (or was such a person with respect to such sanctioned entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(ii) with respect to which a sanctioned entity is a person with an ownership or control interest in such entity (or was such a person with respect to such entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(iii) with respect to which a person with an ownership or control interest in such entity also has such an interest in such sanctioned entity; or ``(iv) with respect to which a person who is an officer or managing employee (as defined in section 1126(b)) of such entity also is such an officer or managing employee of such sanctioned entity. ``(D) For purposes of this paragraph, the term `person with an ownership or control interest' has the meaning given such term in section 1124(a)(3).''. SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER NUMBERS. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(5) Whoever knowingly and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of two or more beneficiary identification numbers or unique health identifier for a health care provider under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 15 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C AND D. (a) In General.--Section 1857(d) of the Social Security Act (42 U.S.C. 1395w-27(d)) is amended by adding at the end the following new paragraph: ``(7) Report on incidences of fraud and abuse.-- ``(A) In general.--A contract under this section with an MA organization offering an MA plan shall provide that such MA organization report to the Secretary (or to any person or organization designated by the Secretary for such purpose) any instances of fraud or abuse related to the payment or delivery of health benefits under such contract not later than 60 days after such organization identifies such instance. ``(B) Guidance.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services and the Attorney General, shall issue to MA organizations (and PDP sponsors) guidance for defining the terms `fraud' and `abuse' for purposes of subparagraph (A).''. (b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by inserting before the period at the end the following: ``, except in applying paragraph (7) of such section any reference to an MA organization, with respect to an MA plan, shall be deemed a reference to a PDP sponsor or MA organization, with respect to a prescription drug plan or MA-PD plan''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.

Fighting Medicare Fraud Act of 2016 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to expand the authority of the Centers for Medicare & Medicaid Services (CMS) to exclude from participation in federal health programs certain affiliates of a sanctioned entity. (A "sanctioned entity" is one that has been convicted of one of several specified crimes or excluded from participation under either Medicare or a state health care program.) The bill also establishes criminal penalties for the illegal purchase, sale, or distribution of two or more federal health program beneficiary or provider numbers. In addition, the bill amends title XVIII (Medicare) of the SSAct to require Medicare Advantage organizations to report instances of fraud or abuse to CMS within 60 days.

SECTION 1. EXCLUSION OF INCOME FOR RESIDENTS OF THE HURRICANES KATRINA AND RITA CORE DISASTER AREA. (a) General Rule.--In the case of an individual, there shall be excluded from gross income for each taxable year beginning during calendar year 2005 an amount equal to the qualified earned income of the taxpayer. (b) Limitation Based on Foreign Earned Income Exclusion Rule.-- (1) In general.--The amount which may be excluded under subsection (a) for any taxable year shall not exceed the amount of qualified earned income computed on a daily basis at an annual rate equal to the exclusion amount for the calendar year in which such taxable year begins. (2) Exclusion amount.--For purposes of paragraph (1), the exclusion amount is the amount in effect for calendar year 2005 under section 911(b)(2) of the Internal Revenue Code of 1986. (c) Qualified Earned Income.--For purposes of this section-- (1) In general.--The term ``qualified earned income'' means earned income (as defined by section 911(d)(2) of such Code) of a qualified individual. For purposes of the preceding sentence, rules similar to the rules of section 911(b) of such Code shall apply. (2) Qualified individual.--The term ``qualified individual'' means an individual whose tax home is in the Hurricanes Katrina and Rita core disaster area and-- (A) who is a citizen or resident of the United States and establishes to the satisfaction of the Secretary that he has been a bona fide resident of the Hurricanes Katrina and Rita core disaster area for the uninterrupted period which includes the entire taxable year beginning in 2005, (B) who is a citizen or resident of the United States and who, during calendar year 2005, is present in such core disaster area during at least 330 full days in such year, or (C) whose earned income for the immediately preceding taxable year attributable to sources within the Hurricanes Katrina and Rita core disaster area is greater than 50 percent of such individual's total earned income for such taxable year. (3) Tax home.--The term ``tax home'' means, with respect to any individual, such individual's home for purposes of section 162(a)(2) of such Code (relating to traveling expenses while away from home). An individual shall not be treated as having a tax home in the Hurricanes Katrina and Rita core disaster area for any period for which his abode is within the United States outside of the Hurricanes Katrina and Rita core disaster area. (4) Hurricanes katrina and rita core disaster area.-- (A) In general.--The term ``Hurricanes Katrina and Rita core disaster area'' means that portion of the Hurricane Katrina disaster area and the Hurricane Rita disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina or Hurricane Rita. (B) Hurricane katrina disaster area.--The term ``Hurricane Katrina disaster area'' means an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. (C) Hurricane rita disaster area.--The term ``Hurricane Rita disaster area'' means an area with respect to which a major disaster has been declared by the President, before October 6, 2005, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Rita. (5) Waiver of period of stay.--Notwithstanding paragraph (2), an individual who-- (A) is a bona fide resident of, or is present in, the Hurricanes Katrina and Rita core disaster area for any period, (B) leaves the Hurricanes Katrina and Rita core disaster area by reason of Hurricane Katrina or Hurricane Rita-- (i) during any period during which the Secretary determines that individuals were required to leave such area because of adverse conditions in such area which precluded the normal conduct of business by such individuals, and (ii) before meeting the requirements of paragraph (1), and (iii) establishes to the satisfaction of the Secretary that such individual could reasonably have been expected to have met such requirements but for the conditions referred to in clause (i), shall be treated as a qualified individual with respect to the period described in subparagraph (A) during which he was a bona fide resident of, or was present in, such core disaster area and in applying subsection (b) with respect to such individual, only the days within such period shall be taken into account. (d) Secretary Defined.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Amounts Excluded Treated as Section 911 Exclusion for Purposes of Internal Revenue Code of 1986.--For purposes of the Internal Revenue Code of 1986, any amount excluded under this section shall be treated as an amount to excluded under section 911 of such Code. (f) Rule of Interpretation.--This section shall be interpreted and applied using the principles of section 911 of such Code. (g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations shall be similar to the regulations prescribed under section 911(d)(9) of such Code.

Allows individual taxpayers residing in the Hurricanes Katrina and Rita core disaster areas an exclusion from gross income, for federal income tax purposes, for a certain amount of their income earned in 2005 within such disaster areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Decentralize Regulatory Agencies, Include the Nation Act of 2018'' or the ``DRAIN Act''. SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE THE NATIONAL CAPITAL REGION. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of General Services; (2) the term ``agency''-- (A) means an Executive department (as defined in section 101 of title 5, United States Code) and an independent establishment (as defined in section 104 of title 5, United States Code); and (B) does not include the Government Accountability Office; (3) the term ``Director'' means the Director of the Office of Management and Budget; (4) the term ``local government'' means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; (5) the term ``National Capital region'' has the meaning given that term in section 8702 of title 40, United States Code; (6) the term ``nonsecurity agency'' means an agency that is not a security agency; (7) the term ``security agency'' means an agency that receives the majority of the funding for the agency under an appropriation Act making appropriations-- (A) for the Department of Defense; (B) for the Department of Homeland Security; or (C) for the Department of State, foreign operations, and related programs; and (8) the term ``State'' means each of the several States of the United States. (b) Plan.--The Director and the Administrator shall jointly develop and implement a plan under which the headquarters of each nonsecurity agency that is not exempted under subsection (d) shall be relocated to a location outside the National Capital region by not later than the later of-- (1) October 1, 2029; or (2) if applicable, the date on which the lease in effect on the date of enactment of this Act for the building in which the headquarters of the nonsecurity agency is located expires. (c) Determination of Area for Relocation.-- (1) In general.--The plan under subsection (b) shall require that the location to which the headquarters of a nonsecurity agency shall be relocated be determined by the Director, the Administrator, and the head of the nonsecurity agency on a competitive basis, in accordance with this subsection. (2) Application.--A State or local government desiring that a nonsecurity agency relocate the headquarters of the nonsecurity agency to an area that is under the jurisdiction of the State or local government shall submit an application at such time, in such manner, and accompanied by such information as the Director and the Administrator shall jointly establish. (3) Priority.--The Director, the Administrator, and the head of the nonsecurity agency shall give priority to an application under this subsection proposing the headquarters of a nonsecurity agency be located in an area-- (A) for which the rate of unemployment is higher than the average rate of unemployment in the United States, as determined by the Secretary of Labor; (B) with a nexus between the nonsecurity agency and the geographic area in which the nonsecurity agency regulates; or (C) with existing infrastructure to efficiently support the size and scope of the relocation of the headquarters of the nonsecurity agency. (4) Determination.--The location to which the headquarters of a nonsecurity agency shall be relocated shall be determined by a majority vote of the Director, the Administrator, and the head of the nonsecurity agency. (d) Exemptions.-- (1) In general.--The President may exempt a nonsecurity agency from the requirement to relocate the headquarters of the nonsecurity agency if the President determines that the headquarters of the nonsecurity agency should remain in the current location. (2) Reporting.--If the President exempts a nonsecurity agency under paragraph (1), the President shall submit to Congress a report detailing the basis for the determination of the President that the headquarters of the nonsecurity agency should remain in the current location. (e) Conforming Amendment.--Section 72 of title 4, United States Code, is amended by striking ``All offices'' and inserting ``Except as provided in the DRAIN Act, all offices''. (f) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Clatsop National Memorial Expansion Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) The cross-country expedition of Meriwether Lewis and William Clark, known as ``The Corps of Discovery'', was a very important exploratory journey in American history that provided invaluable geographic, scientific, and cultural information. (2) In 1805, the members of the Lewis and Clark Expedition built Fort Clatsop at the mouth of the Columbia River near Astoria, Oregon, where they spent 106 days waiting for the end of winter and preparing for their journey home. (3) As the westernmost point and the second longest stopover of the expedition, and as the site where Lewis and Clark edited their journals and prepared many of their maps, Fort Clatsop is a uniquely special place in the journey of Lewis and Clark. (4) The Fort Clatsop National Memorial was created by Congress in 1958 for the purpose of commemorating the culmination, and the winter encampment, of the Lewis and Clark Expedition following its successful crossing of the North American continent, and is the only National Park Service site solely dedicated to the Lewis and Clark Expedition. (5) The 1995 General Management Plan for the Fort Clatsop National Memorial, prepared with input from the local community, calls for the addition of lands to the memorial to include the trail used by expedition members to travel from the fort to the Pacific Ocean and to include the shore and forest lands surrounding the fort and trail to protect their natural settings. (6) Expansion of the Fort Clatsop National Memorial would require Federal legislation because the size of the memorial is currently limited by statute to 130 acres. (7) Congressional action to allow for the expansion of Fort Clatsop would be both timely and appropriate before the start of the national bicentennial celebration of the Lewis and Clark Expedition planned to take place during the years 2004 through 2006. SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL MEMORIAL. The Act entitled ``An Act to provide for the establishment of Fort Clatsop National Memorial in the State of Oregon, and for other purposes'', approved May 29, 1958 (Chapter 158; 72 Stat. 153), is amended-- (1) in section 2 (16 U.S.C. 450mm-1)-- (A) by striking ``: Provided,'' and all that follows through the end of the sentence and inserting a period; (B) by inserting ``(a)'' before ``The Secretary of the Interior''; and (C) by adding at the end the following: ``(b) In addition to the land and improvements designated under subsection (a), the Fort Clatsop National Memorial shall include land and improvements that are acquired by the Secretary of the Interior under section 3(b).''; (2) in section 3 (16 U.S.C. 450mm-2), by inserting ``(a)'' before ``Within the area'', and by adding at the end the following: ``(b)(1) In addition to lands acquired under subsection (a), the Secretary of the Interior may acquire for inclusion in the Fort Clatsop National Memorial any land or improvements located in areas identified on the map entitled `Fort Clatsop Boundary Map' and numbered 405-80016- CCO-June 1996 as appropriate to preserve the historic scene and provide lands for the Lewis and Clark National Historic Trail. ``(2) The Secretary may make acquisitions under this subsection only by purchase from willing sellers using appropriated or donated amounts, by willing donation, or by exchange in accordance with paragraph (3). ``(3)(A) To acquire land or improvements under this subsection by exchange, the Secretary may enter into exchanges of lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person. ``(B) An exchange under this paragraph shall be made-- ``(i) in the case of an exchange of land or improvements administered or to be administered after the exchange by the Forest Service, in accordance with otherwise applicable provisions of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et seq.), the Act of March 1, 1911 (Chapter 186; 16 U.S.C. 552), popularly known as the Weeks Law, and other provisions of law governing the disposal or acquisition by exchange of National Forest lands; and ``(ii) in the case of an exchange of land or improvements administered or to be administered after the exchange by the Bureau of Land Management, in accordance with otherwise applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).''; and (3) in section 4 (16 U.S.C. 460mm-3), by inserting ``(a)'' before ``Establishment of'', and by adding at the end the following: ``(b) Before issuing any regulations governing the protection, public use, or management of land or improvement acquired under section 3(b), the Secretary shall seek comment from the government of Clatsop County, Oregon, and persons that reside in the vicinity of the land or improvement. The Secretary shall ensure that any management or use of the land or improvement is consistent with the General Management Plan for Fort Clatsop National Memorial, as in effect on the effective date of this subsection, and all laws and policies otherwise applicable to the land or improvement.''.

Fort Clatsop National Memorial Expansion Act of 1998 - Repeals the acreage limitation for the Fort Clatsop National Memorial, Oregon. Authorizes the Secretary of the Interior to: (1) acquire appropriate lands or improvements located in certain areas for inclusion in the Memorial to preserve the historic scene and to provide lands for the Lewis and Clark National Historic Trail; and (2) exchange lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person. Requires the Secretary: (1) before issuing any regulations governing the protection, public use, or management of such acquired land or improvement, to seek comment from the government of Clatsop County and persons residing in such vicinity of the land or improvement; and (2) to ensure that any management plan or use of the land or improvement is consistent with the General Management Plan for the Memorial and all applicable laws and policies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Camera Accountability Maintenance and Transparency in Policing Act of 2015'' or the ``CAM TIP Act of 2015''. SEC. 2. BODY-WORN CAMERA GRANTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--BODY-WORN CAMERA GRANTS ``SEC. 3031. IN GENERAL. ``From amounts made available to carry out this part, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. In making such grants, the Director shall assess the program proposed by the applicant for the elements described in section 3033. ``SEC. 3032. 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 program described under section 3033. ``SEC. 3033. PROGRAM DESCRIBED. ``The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, which-- ``(1) establishes policies and procedures for when law enforcement officers should wear, activate, and deactivate body-worn cameras; ``(2) ensures the protection of the civil liberties of members of general public relating to the use of body-worn cameras by law enforcement officers; ``(3) establishes policies limiting the use of recordings of body-worn cameras to monitor the conduct of law enforcement officers outside of their interactions, in an official capacity, with members of the general public; ``(4) establishes or proposes to develop standards relating to the effective placement, on a law enforcement officer's body, of a body-worn camera; ``(5) describes the best practices for receiving an accurate narrative from the recordings of body-worn cameras; ``(6) establishes policies for the collection and storage of the recordings of body-worn cameras; ``(7) establishes policies relating to the availability of recordings of body-worn cameras-- ``(A) to the general public; ``(B) to victims of crimes; and ``(C) for internal use by the law enforcement agency; and ``(8) has in place guidelines and training courses for law enforcement officers relating to the proper management and use of body-worn cameras. ``SEC. 3034. ALLOCATION OF FUNDS. ``Funds available under this part shall be awarded to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this part shall be awarded to other qualifying applicants on a pro rata basis. ``SEC. 3035. MATCHING REQUIREMENTS. ``(a) Federal Share.--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. ``(b) Non-Federal Share.--The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services.''. SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT AGENCIES. (a) Study.--The Attorney General shall conduct a study on the cost to State and local law enforcement agencies of purchasing and using body-worn cameras or other similar cameras, including gun-mounted cameras. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that contains the results of the study conducted under subsection (a). SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY CAMERA ACCOUNTABILITY. There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices for creating accountability and transparency. (2) Not later than one year after the date of the enactment of this Act, the task force shall provide a report to the Congress, which shall include the recommendations under paragraph (1). (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201), that includes information on-- (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.

Camera Accountability Maintenance and Transparency in Policing Act of 2015 or the CAM TIP Act of 2015 Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Bureau of Justice Assistance to make matching grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Requires a grantee's body camera program to: establish policies and procedures for when law enforcement officers should wear, activate, and deactivate such cameras; ensure the protection of civil liberties of members of the general public; limit the use of recordings of such cameras to monitor the conduct of law enforcement officers outside of their official interactions with the public; develop standards regarding the effective body placement of such cameras; describe best practices for receiving an accurate narrative from recordings; establish procedures for collecting and storing recordings; establish policies governing the availability of such recordings to the general public, to victims of crimes, and for internal use by law enforcement; and have guidelines and training for law enforcement officers on the proper management and use of such cameras. Requires grants to be awarded first to qualifying local governments with fewer than 100,000 residents, with any remaining funds awarded to other applicants on a pro rata basis. Directs the Attorney General to study the cost to state and local law enforcement agencies of purchasing and using body-worn or similar cameras. Establishes in the Department of Justice a task force to: (1) provide recommendations on community policing, (2) study the impact that citizen review boards could have on investigating cases of alleged police misconduct, and (3) conduct a survey to determine best practices and the effectiveness of the body camera requirement policy. Directs the Government Accountability Office to report on the Department of Defense Excess Personal Property Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Impunity for Iranian Aggression at Sea Act of 2016''. SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE COMPLICIT IN VIOLATIONS OF THE GENEVA CONVENTION OR THE RIGHT UNDER INTERNATIONAL LAW TO CONDUCT INNOCENT PASSAGE. (a) Report Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes-- (A) a determination with respect to whether, during or after the incident that began on January 12, 2016, in which forces of Iran boarded two United States Navy riverine combat vessels and detained at gunpoint the crews of those vessels, any of the actions of the forces of Iran constituted a violation of-- (i) the Geneva Convention; or (ii) the right under international law to conduct innocent passage; and (B) a certification with respect to whether or not Federal funds, including the $1,700,000,000 payment that was announced by the Secretary of State on January 17, 2016, were paid to Iran, directly or indirectly, to effect the release of-- (i) the members of the United States Navy who were detained in the incident described in subparagraph (A); or (ii) other United States citizens, including Jason Rezaian, Amir Hekmati, Saeed Abedini, Nosratollah Khosravi-Roodsari, and Matthew Trevithick, the release of whom was announced on January 16, 2016. (2) Actions to be assessed.--In assessing actions of the forces of Iran under paragraph (1)(A), the President shall consider, at a minimum, the following actions: (A) The stopping, boarding, search, and seizure of the two United States Navy riverine combat vessels in the incident described in paragraph (1)(A). (B) The removal from their vessels and detention of members of the United States Armed Forces in that incident. (C) The theft or confiscation of electronic navigational equipment or any other equipment from the vessels. (D) The forcing of one or more members of the United States Armed Forces to apologize for their actions. (E) The display, videotaping, or photographing of members of the United States Armed Forces and the subsequent broadcasting or other use of those photographs or videos. (F) The forcing of female members of the United States Armed Forces to wear head coverings. (3) Description of actions.--In the case of each action that the President determines under paragraph (1)(A) is a violation of the Geneva Convention or the right under international law to conduct innocent passage, the President shall include in the report required by that paragraph a description of the action and an explanation of how the action violated the Geneva Convention or the right to conduct innocent passage, as the case may be. (4) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) List of Certain Persons Who Have Been Complicit in Violations of the Geneva Convention or the Right To Conduct Innocent Passage.-- (1) In general.--Not later than 30 days after the submission of the report required by subsection (a), if the President has determined that one or more actions of the forces of Iran constituted a violation of the Geneva Convention or the right under international law to conduct innocent passage, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Iran or were acting on behalf of that Government that, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, any such violation. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available. (3) Public availability.--To the maximum extent practicable, the list required by paragraph (1) shall be made available to the public and posted on publicly accessible Internet websites of the Department of Defense and the Department of State. (c) Imposition of Sanctions.-- (1) In general.--The President shall impose the sanctions described in paragraph (2) with respect to each person on the list required by subsection (b). (2) Sanctions.-- (A) Prohibition on entry and admission to the united states.--An alien on the list required by subsection (b) may not-- (i) be admitted to, enter, or transit through the United States; (ii) receive any lawful immigration status in the United States under the immigration laws; or (iii) file any application or petition to obtain such admission, entry, or status. (B) Blocking of property.-- (i) In general.--The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of a person on the list required by subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Exception relating to importation of goods.-- (I) In general.--The authority to block and prohibit all transactions in all property and interests in property under clause (i) shall not include the authority to impose sanctions on the importation of goods. (II) Good.--In this subparagraph, the term ``good'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (iii) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of clause (i) or any regulation, license, or order issued to carry out clause (i) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Definitions.--In this section: (1) Admitted; alien; immigration laws.--The terms ``admitted'', ``alien'', and ``immigration laws'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Forces of iran.--The term ``forces of Iran'' means the Islamic Revolutionary Guard Corps, members of other military or paramilitary units of the Government of Iran, and other agents of that Government. (4) Geneva convention.--The term ``Geneva Convention'' means the Convention relative to the Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6 UST 3316) (commonly referred to as the ``Geneva Convention (III))''. (5) Innocent passage.--The term ``innocent passage'' means the principle under customary international law that all vessels have the right to conduct innocent passage through another country's territorial waters for the purpose of continuous and expeditious traversing. (6) 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.

No Impunity for Iranian Aggression at Sea Act of 2016 This bill requires the President to submit a report that includes: a determination of whether, during the June 2016 incident when Iranian forces boarded two U.S. Navy combat vessels and detained the crews at gunpoint, any of the Iranian actions violated the Geneva Convention or the international right to conduct innocent passage; and a certification of whether or not federal funds were paid to Iran to effect the release of the detained crew members or other U.S. citizens. The bill prescribes specified Iranian actions that the President shall consider, including: (1) the stopping, boarding, search, and seizure of the U.S. Navy vessels and the removal and detention of the crews; and (2) the display, videotaping, or photographing of U.S. service members and the subsequent use of those photographs or videos. The President shall: (1) upon a determination that such a violation occurred, submit and make public a list of Iranian government officials or persons acting on behalf of the Iranian government who are responsible for or complicit in any such violation; and (2) prohibit U.S. entry or admission and block property transactions of listed persons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Opportunity Investment Trust Act''. SEC. 2. ESTABLISHMENT OF TRUST. (a) In General.--There is established a trust to be known as the ``Digital Opportunity Investment Trust'' (referred to in this Act as the ``Trust''). (b) Funds.-- (1) In general.--The Trust shall consist of such amounts as are transferred to the Trust under paragraph (2) and any interest earned on the investment of amounts in the Trust under section 4. (2) Transfer of funds.--The Secretary of the Treasury shall transfer each fiscal year quarter, through fiscal year 2020, from the general fund of the Treasury to the Trust, an amount equal to 30 percent of the cash payment received by the Federal Government during the preceding fiscal year quarter from-- (A) auctions of the publicly owned electromagnetic spectrum; and (B) fees derived from the usage of the publicly owned electromagnetic spectrum, excluding the fees imposed by the Federal Communications Commission to defray the costs of the Commission's operations associated with the electromagnetic spectrum. (c) Administration of the Trust.-- (1) Board.-- (A) Establishment.--A board (referred to in this Act as the ``Board'') shall be established to oversee the administration of Trust funds, consisting of 9 members appointed by the President, by and with the advice and consent of the Senate, who-- (i) reflect representation from the public and private sectors; (ii) are not regular full-time employees of the Federal Government; (iii) are eminent in such fields as education, telecommunications, information technology, labor and workforce development, cultural and civic affairs, or the arts and humanities; and (iv) will provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Trust. (B) Recommendations.--The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall submit to the President recommendations of individuals to serve as members of the Board. (C) Terms of appointment.-- (i) Date.--Members of the Board shall be appointed not later than 90 days after the date of enactment of this Act. (ii) Terms.-- (I) In general.--Each member of the Board shall be appointed for 6 years (except as provided in subclause (II)), with terms set to expire in non-Federal election years. (II) Staggered terms.--From the first Board-- (aa) 3 members shall serve for a term of 6 years; (bb) 3 members shall serve for a term of 4 years; and (cc) 3 members shall serve for a term of 2 years. (iii) Vacancies.--A vacancy on the Board shall not affect the Board's powers, and shall be filled in the same manner as the original member was appointed. (D) Chair and vice-chair.-- (i) Selection.--The Board shall select, from among the members of the Board, an individual to serve for a 2-year term as Chair of the Board and an individual to serve for a 2-year term as vice-Chair of the Board. (ii) Consecutive terms.--An individual may not serve for more than 2 consecutive terms as Chair of the Board. (E) Meetings.-- (i) First meeting.--Not later than 30 days after the date on which all of the members of the Board have been confirmed, the Chair of the Board shall call the first meeting of the Board. (ii) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (F) Board personnel matters.-- (i) Compensation.--Members of the Board shall receive no additional pay, allowances, or benefits by reason of the members' service on the Board. (ii) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (2) Director.--A majority of the members of the Board shall select a Director of the Trust who shall serve at the discretion of the Board and shall be responsible for hiring all personnel of the Trust and instituting procedures to carry out the policies and priorities established by the Board. (d) Trust Fund Uses.-- (1) Uses of funds.--In order to achieve the objectives of this Act, the Director of the Trust, after consultation with the Board, may use Trust funds-- (A) to help underwrite the digitization of the collections in the Nation's universities, museums, libraries, and cultural institutions; (B) to enable schools, community colleges, universities, libraries, museums, civic organizations, cultural, arts, and humanities centers, and nonprofit agencies or organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from tax under section 501(a) of such Code to take advantage of innovative telecommunications and information technologies; (C) to support basic and applied research, development, and demonstrations of innovative-based learning systems, including assessment tools and other system components; (D) to develop applications of research, including the creation of prototypes, models, and pilot projects, as well as the initial production of content and software for digital and information technologies for use in educational curricula and other educational purposes, including job training, skills training, public safety, civic information, and lifelong learning; (E) to develop innovative technologies for training and dissemination of public information for safety and homeland security; (F) to develop new tools and means of dissemination for innovative advances in job training and retraining; and (G) to conduct assessments of legal, regulatory, and other issues that must be resolved to ensure rapid development and use of advanced learning technologies and legislative or other remedies that may remove barriers or create incentives that can help make use of the innovations developed pursuant to this Act. (2) Contracts and grants.-- (A) In general.--In order to carry out the activities described in paragraph (1), the Director of the Trust, with the agreement of a majority of the members of the Board, may award contracts and grants to nonprofit public institutions (with or without private partners) and competent for-profit organizations and individuals. (B) Public domain.-- (i) In general.--The research and development properties and materials associated with a project in which a majority of the funding used to carry out the project is from a grant or contract under this Act shall be freely and nonexclusively available to the general public. (ii) Exemption.--The Director of the Trust may exempt specific projects from the requirement of clause (i) if the Director of the Trust and a majority of the members of the Board determine that the general public will benefit significantly in the long run due to the project not being freely and nonexclusively available to the general public. (C) Evaluation of proposals.--To the extent practicable, proposals for such contracts or grants shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Trust. (3) Cooperation.--The Director of the Trust, after consultation with the Board, may cooperate with business, industry, philanthropy, and local and national public service institutions, including enhancing the work of such public service institutions by seeking new ways to put telecommunications and information technologies to work in their areas of interest. SEC. 3. ACCOUNTABILITY AND REPORTING. (a) Report.-- (1) In general.--Not later than April 30 of each year, the Director of the Trust shall prepare a report for the preceding fiscal year, ending September 30, and shall submit such report to the Assistant Secretary of the National Telecommunications and Information Administration. (2) Contents.--The report shall include-- (A) a comprehensive and detailed report of the Trust's operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Trust determines appropriate; and (B) a comprehensive and detailed inventory of funds distributed from the Trust during the preceding fiscal year. (3) Submission to the president and congress.--The Assistant Secretary of the National Telecommunications and Information Administration shall submit the report received pursuant to paragraph (1) to the President and the appropriate committees of Congress. (b) Testimony.--The Chair of the Board, other members of the Board, and the Director and principal officers of the Trust shall testify before appropriate committees of Congress, upon request of such committees, with respect to-- (1) the report prepared under subsection (a)(1); and (2) any other matter that such committees may determine appropriate. SEC. 4. INVESTMENT OF TRUST FUNDS. (a) In General.--The Director of the Trust, after consultation with the Board and the Director of the Office of Management and Budget, shall invest the funds of the Trust in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (b) Expenditures.-- (1) In general.--The Director of the Trust shall not undertake grant or contract activities under this Act until the Trust has received the interest or other proceeds from the investment of the Trust funds for not less than 1 year's duration. Thereafter, upon approval of the annual budget of the Trust, the Director of the Trust may commence such grant or contract activities at the start of each fiscal year. (2) Obligation of funds.-- (A) In general.--Except as provided in subparagraph (B), in awarding grants or contracts or making other expenditures, the Director of the Trust shall not obligate funds from the Trust that exceed the proceeds received from the investment of the funds in the Trust during the preceding fiscal year. (B) Carry over.--Funds from the Trust that are available for obligation for a fiscal year that are not obligated for such fiscal year shall remain available for obligation for the succeeding fiscal year.

Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 30 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and fees derived from the use of such spectrum. Establishes a Board to oversee administration of Trust funds. Establishes a Director of the Trust. Provides authorized Trust uses. Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation's economic leadership and global competitiveness that we educate and train more scientists and engineers. (2) In its 2007 report entitled ``Beyond Bias and Barriers'', the National Academies stated that, in order to maintain its scientific and engineering leadership amid increasing economic and educational globalization, the United States must aggressively pursue the innovative capacity of all of its people--women and men. (3) Research shows that the number of women who are interested in science, technology, engineering, and mathematics (STEM) careers is reduced at every educational transition, from high school on through full professorships. (4) According to data compiled by National Science Foundation in 2006, women now earn about half of all science and engineering bachelor's degrees, but major variations persist among fields. For example, women still receive only 20 percent of all bachelor's degrees awarded in engineering and physics. (5) Even in science and engineering fields with a higher representation of women, such as the social and behavioral sciences, women remain underrepresented among university faculty. According to data compiled by the National Science Foundation, for over 30 years women have made up over 30 percent of the doctorates in social sciences and behavioral sciences and over 20 percent in the life sciences. Yet, at the top research institutions, only 15.4 percent of the full professors in the social and behavioral sciences and 14.8 percent in the life sciences are women. (6) Across fields, women remain a small portion of the science and engineering faculty members at major research universities, and they typically receive fewer institutional resources for their research activities than their male colleagues. (7) Studies have not found any significant biological differences between men and women in performing science and mathematics that can account for the lower representation of women in academic faculty and scientific leadership positions in these fields. (8) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveals that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access for women to, and advancement of women in, science and engineering. (9) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (10) The Federal Government provides over 60 percent of research funding at institutions of higher education, and through its grant making policies has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. SEC. 3. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND ENGINEERING. (a) Definitions.--In this section-- (1) the term ``Federal science agency'' means any Federal agency that is responsible for at least 2 percent of total Federal research and development funding to institutions of higher education, according to the most recent data available from the National Science Foundation; (2) the term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); (3) the term ``STEM'' means science, technology, engineering, and mathematics; and (4) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (b) Workshops To Enhance Gender Equity in Academic Science and Engineering.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall develop a uniform policy for all Federal science agencies to carry out a program of workshops that educate program officers, members of grant review panels, institution of higher education STEM department chairs, and other federally funded researchers about methods that minimize the effects of gender bias in evaluation of Federal research grants and in the related academic advancement of actual and potential recipients of these grants, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record. (2) Interagency coordination.--The Director of the Office of Science and Technology Policy shall ensure that programs of workshops across the Federal science agencies are coordinated and supported jointly as appropriate. As part of this process, the Director of the Office of Science and Technology Policy shall ensure that at least 1 workshop is supported every 2 years among the Federal science agencies in each of the major science and engineering disciplines supported by those agencies. (3) Organizations eligible to carry out workshops.--Federal science agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal science agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women in STEM. (4) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant discipline from at least the top 50 institutions of higher education, as determined by the amount of Federal research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; (ii) members of any standing research grant review panel appointed by the Federal science agencies in the relevant discipline; (iii) in the case of science and engineering disciplines supported by the Department of Energy, the individuals from each of the Department of Energy National Laboratories with personnel management responsibilities comparable to those of an institution of higher education department chair; and (iv) Federal science agency program officers in the relevant discipline, other than program officers that participate in comparable workshops organized and run specifically for that agency's program officers. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of gender bias in the grant-making process and the development of the academic record necessary to qualify as a grant recipient, including recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement, and provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by women who are members of historically underrepresented groups. (D) Workshop programs shall include information on best practices and the value of mentoring undergraduate and graduate women students as well as outreach to girls earlier in their STEM education. (5) Report.-- (A) In general.--Not later than 5 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the effectiveness of the program carried out under this subsection to reduce gender bias towards women engaged in research funded by the Federal Government. The Director of the Office of Science and Technology Policy shall include in this report any recommendations for improving the evaluation process described in subparagraph (B). (B) Minimum criteria for evaluation.--In determining the effectiveness of the program, the Director of the Office of Science and Technology Policy shall consider, at a minimum-- (i) the rates of participation by invitees in the workshops authorized under this subsection; (ii) the results of attitudinal surveys conducted on workshop participants before and after the workshops; (iii) any relevant institutional policy or practice changes reported by participants; and (iv) for individuals described in paragraph (4)(A) (i) or (iii) who participated in at least 1 workshop 3 or more years prior to the due date for the report, trends in the data for the department represented by the chair or employee including faculty data related to gender as described in section 4. (C) Institutional attendance at workshops.--As part of the report under subparagraph (A), the Director of the Office of Science and Technology Policy shall include a list of institutions of higher education science and engineering departments whose representatives attended the workshops required under this subsection. (6) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional disciplinary meetings to minimize costs associated with participant travel. (c) Extended Research Grant Support and Interim Technical Support for Caregivers.-- (1) Policies for caregivers.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall develop a uniform policy to-- (A) extend the period of grant support for federally funded researchers who have caregiving responsibilities; and (B) provide funding for interim technical staff support for federally funded researchers who take a leave of absence for caregiving responsibilities. (2) Report.--Upon developing the policy required under paragraph (1), the Director of the Office of Science and Technology Policy shall transmit a copy of the policy to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. (d) Collection of Data on Federal Research Grants.-- (1) In general.--Each Federal science agency shall collect standardized annual composite information on demographics, field, award type and budget request, review score, and funding outcome for all applications for research and development grants to institutions of higher education supported by that agency. (2) Reporting of data.-- (A) The Director of the Office of Science and Technology Policy shall establish a policy to ensure uniformity and standardization of data collection required under paragraph (1). (B) Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal science agency shall submit data collected under paragraph (1) to the National Science Foundation. (C) The National Science Foundation shall be responsible for storing and publishing all of the grant data submitted under subparagraph (B), disaggregated and cross-tabulated by race, ethnicity, and gender, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (e) Publication of List of Institutional Participation in Workshops To Enhance Gender Equity in Academic Science and Engineering.--The Director of the Office of Science and Technology Policy, on the basis of data reported by the Federal science agencies, shall publish annually a list of institutions of higher education science and engineering departments represented by individuals who attend the workshops described in this section. The list shall be publicly available through the Web site of the Office of Science and Technology Policy. Any institution of higher education science and engineering department that is publicized on the list may publicize its receipt of such recognition on its Web site, in printed materials, or through other means. SEC. 4. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY. (a) Collection of Data.--The Director of the National Science Foundation shall report, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d), statistical summary data on the demographics of STEM discipline faculty at institutions of higher education in the United States, disaggregated and cross-tabulated by race, ethnicity, and gender. At a minimum, the Director shall consider-- (1) the number and percent of faculty by gender, race, and age; (2) the number and percent of faculty at each rank, by gender, race, and age; (3) the number and percent of faculty who are in nontenure- track positions, including teaching and research, by gender, race, and age; (4) the number of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, by gender, race, and age; (5) faculty years in rank by gender, race, and age; (6) faculty attrition by gender, race, and age; (7) the number and percent of faculty hired by rank, gender, race, and age; and (8) the number and percent of faculty in leadership positions, including endowed or named chairs, serving on promotion and tenure committees, by gender, race, and age. (b) Recommendations.--The Director of the National Science Foundation shall solicit input and recommendations from relevant stakeholders, including representatives from institutions of higher education and nonprofit organizations, on the collection of data required under subsection (a), including the development of standard definitions on the terms and categories to be used in the collection of such data. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress on how the National Science Foundation will gather the demographic data on STEM faculty, including-- (1) a description of the data to be reported and the sources of those data; (2) justification for the exclusion of any data described in paragraph (1); and (3) a list of the definitions for the terms and categories, such as ``faculty'' and ``leadership positions'', to be applied in the reporting of all data described in paragraph (1).

Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011 - Defines a "federal science agency" as any federal agency responsible for at least 2% of total federal research and development funding to institutions of higher education (IHEs), according to National Science Foundation (NSF) data. Requires the Director of the Office of Science and Technology Policy (OSTP) to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants. Authorizes federal science agencies to make grants to eligible organizations to carry out workshops. Requires OSTP to support at least one workshop every two years among the federal science agencies in the major science and engineering disciplines. Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers. Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to IHEs and to submit the data collected to the NSF. Requires NSF to report statistical summary data on the demographics of STEM (science, technology, engineering, and mathematics) faculty at IHEs in the United States and report to Congress on how NSF will gather such data.

PROCEDURES. (a) In General.--Section 7123 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Availability of Dispute Resolutions.-- ``(1) In general.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. ``(2) Independent mediators.-- ``(A) In general.--The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Internal Revenue Service Office of Appeals. ``(B) Cost and selection.-- ``(i) In general.--Any taxpayer making an election under subparagraph (A) shall be required-- ``(I) to share the costs of such independent mediator equally with the Internal Revenue Service Office of Appeals, and ``(II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. ``(ii) Exception.--Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. ``(iii) Small business.--For purposes of clause (ii), the term `small business' has the meaning given such term under section 41(b)(3)(D)(iii). ``(3) Availability of process.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Office of Appeals and at any time before deliberations in the appeal commence.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking ``9 months'' and inserting ``3 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``3 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``3-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) has not expired as of such date. SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE. (a) In General.--Section 6159 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Waiver of Installment Agreement Fee.--The Secretary shall waive the fees imposed on installment agreements under this section for any taxpayer with an adjusted gross income that does not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, and who has agreed to make payments under the installment agreement by electronic payment through a debit instrument.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL RELIEF AND COLLECTION CASES. (a) Petitions for Spousal Relief.-- (1) In general.--Subsection (e) of section 6015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1)(A) with respect to a final determination of relief under this section, the running of the period prescribed by such paragraph for filing such a petition with respect to such final determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.''. (2) Effective date.--The amendment made by this subsection shall apply to petitions filed under section 6015(e) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Collection Proceedings.-- (1) In general.--Subsection (d) of section 6330 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``appeal such determination to the Tax Court'' in paragraph (1) and inserting ``petition the Tax Court for review of such determination'', (B) by striking ``Judicial review of determination'' in the heading of paragraph (1) and inserting ``Petition for review by tax court'', (C) by redesignating paragraph (2) as paragraph (3), and (D) by inserting after paragraph (1) the following new paragraph: ``(2) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter.''. (2) Conforming amendment.--Subsection (c) of section 6320 of such Code is amended by striking ``(2)(B)'' and inserting ``(3)(B)''. (3) Effective date.--The amendments made by this subsection shall apply to petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act. SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES. (a) In General.--Paragraph (1) of section 7482(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F)(ii) and inserting a comma, and (3) by inserting after subparagraph (F) the following new subparagraphs: ``(G) in the case of a petition under section 6015(e), the legal residence of the petitioner, or ``(H) in the case of a petition under section 6320 or 6330-- ``(i) the legal residence of the petitioner if the petitioner is an individual, and ``(ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.''. (b) Effective Date.--The amendments made by this section shall apply to petitions filed after the date of enactment of this Act. SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DISCLOSURES OF INFORMATION. (a) In General.--Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking ``$5,000'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT SPOUSE RELIEF. (a) In General.--Subparagraph (A) of section 6015(e)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Any review of a determination by the Secretary with respect to a claim for equitable relief under subsection (f) shall be reviewed de novo by the Tax Court.''. (b) Effective Date.--The amendment made by this section shall apply to petitions filed or pending before the Tax Court on and after the date of the enactment of this Act. SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES IN AN INTERNAL APPEAL. ``(a) In General.--In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. ``(b) Certain Issues Deemed Outside of Scope of Determination.--For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: ``(1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. ``(2) Any deficiency in tax which was not included in the initial determination. ``(3) Any theory or justification for a tax deficiency which was not considered in the initial determination. ``(c) No Inference With Respect to Issues Raised by Taxpayers.-- Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal.''. (c) Effective Date.--The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act. SEC. 16. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL RESIDENCES. (a) In General.--Section 7403(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``In any case'' and inserting the following: ``(1) In general.--In any case'', and (2) by adding at the end the following new paragraph: ``(2) Limitation with respect to principal residence.-- ``(A) In general.--Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that-- ``(i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and ``(ii) such action will not create an economic hardship for the taxpayer. ``(B) Delegation.--For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than-- ``(i) the Commissioner of Internal Revenue, or ``(ii) a district director or assistant district director of the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. SEC. 17. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR MISCONDUCT. (a) Termination of Unemployment for Inappropriate Review of Tax- Exempt Status.--Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``; and'', and by adding at the end the following new paragraph: ``(11) in the case of any review of an application for tax- exempt status by an organization described in section 501(c) of the Internal Revenue Code of 1986, developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization.''. (b) Mandatory Unpaid Administrative Leave for Misconduct.-- Paragraph (1) of Section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 30 days.''. (c) Limitation on Alternative Punishment.--Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner'' and inserting ``Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner''. SEC. 18. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by adding at the end the following new subparagraph: ``(E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or''. (b) Effective Date.--The amendments made by this section shall apply with respect to pleading filed after the date of the enactment of this Act. SEC. 19. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (a) Review.--Subsection (k)(1) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) shall-- ``(i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax- exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and ``(ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and''; and (4) in subparagraph (E), as so redesignated, by striking ``and (C)'' and inserting ``(C), and (D)''. (b) Semiannual Report.--Subsection (g) of such section is amended by adding at the end the following new paragraph: ``(3) Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 5(a) shall include-- ``(A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and ``(B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration.''.

Small Business Taxpayer Bill of Rights Act of 2015 Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50 million that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. Prohibits the imposition of a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. Requires the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. Authorizes a court to issue a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. Requires the Inspector General for Tax Administration of the Department of the Treasury to: (1) review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (2) consult with the IRS on recommended amendments to such criteria.

SECTION 1. AVAILABILITY OF FREE BROADCAST TIME. Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by inserting after section 315 the following new section: ``free broadcast time for senate candidates ``Sec. 315A. (a) In addition to broadcast time that a licensee makes available to a candidate under section 315(a), a television station licensee shall make available at no charge, for allocation to Senate candidates within its broadcast area under section 503 of the Federal Election Campaign Act of 1971, 3 hours of broadcast time during a prime time access period described in section 501 of that Act to each Senatorial campaign committee designated under section 502 of that Act. ``(b) An appearance by a candidate on a news or public service program at the invitation of a television station or other organization that presents such a program shall not be counted toward time made available pursuant to subsection (a).''. SEC. 2. ALLOCATION BY SENATORIAL CAMPAIGN COMMITTEES. The Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE V--DISSEMINATION OF POLITICAL INFORMATION ``SEC. 501. DEFINITIONS. ``For the purposes of this title-- ``(1) the term `free broadcast time' means time provided by a television station during a prime time access period pursuant to section 315A of the Communications Act of 1934; ``(2) the term `major party' means a political party whose candidate the Senate in a State placed first or second in the number of popular votes received in either of the 2 most recent general elections; ``(3) the term `minor party' means a political party other than a major party-- ``(A) whose candidate for the Senate in a State received more than 5 percent of the popular vote in the most recent general election; or ``(B) which files with the Commission, not later than 90 days before the date of a general or special election in a State, the number of signatures of registered voters in the State that is equal to 5 percent of the popular vote for the office of Senator in the most recent general or special election in the State; ``(4) the term `prime time access period' means the time between 7:30 p.m. and 8:00 p.m. of a weekday during the period beginning on the date that is 60 days before the date of a general election or special election for the Senate and ending on the day before the date of the election; and ``(5) the term `Senatorial campaign committee' means the committee of a political party designated under section 602. ``SEC. 502. DESIGNATION OF SENATORIAL CAMPAIGN COMMITTEES. ``(a) Application.--(1)(A) The national committee of a major party or minor party that has established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of that committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(B) The national committee of a major party or minor party that has not established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of the national committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(2) An application under paragraph (1) shall be in such form as the Commission may require and shall include a certification by the applicant that the Senatorial campaign committee will-- ``(A) allocate free broadcast time in accordance with section 503 to candidates for the Senate in general and special elections in which at least 1 other candidate for the Senate have qualified for the general election ballot; ``(B) keep and furnish to the Commission any books, records, or other information it may request; and ``(C) cooperate in any audit by the Commission. ``(3) The Commission shall determine whether to approve or deny an application under this section not later than 7 days after receipt. ``(b) If the Commission makes a determination to deny an application under this section, the applicant shall be afforded a hearing with respect to the determination in accordance with section 554 of title 5, United States Code. ``SEC. 503. ALLOCATION AND USE OF FREE BROADCAST TIME. ``(a) Allocation.--A Senatorial campaign committee of a political party shall allocate free broadcast time made available by a television station licensee under section 315A of the Communications Act of 1934 among the candidates of that party for the Senate in the licensee's broadcast area. ``(b) Use.--A Senatorial campaign committee shall ensure that-- ``(1) free broadcast time is used in a manner that promotes a rational discussion and debate of issues with respect to the elections involved; ``(2) in programs in which free broadcast time is used, not more than 25 percent of the time of the broadcast shall consist of presentations other than a candidate's own remarks; ``(3) free broadcast time is used in segments of not less than 1 minute; and ``(4) not more than 15 minutes of free broadcast time is used by any 1 candidate in a 24-hour period. ``SEC. 504. REPORTS TO CONGRESS. ``The Commission shall submit to Congress, not later than June 1 of each year that follows a year in a general election for the Senate is held, a report setting forth the amount of free broadcast time allocated to candidates under section 503. ``SEC. 505. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. ``(a) In General.--The Commission may appear in any action filed under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and title III of chapter 53 of that title. ``(b) Enforcement.--The Commission may petition a district court of the United States for declaratory or injunctive relief concerning any civil matter arising under this title, through attorneys and counsel described in subsection (a). ``(c) Appeals.--The Commission may, on behalf of the United States, appeal from, and petition the Supreme Court of the United States for certiorari to review, a judgment or decree entered with respect to an action in which it appeared pursuant to this section.''.

Amends the Communications Act of 1934 to require television stations to make three hours of broadcast time during a prime time access period available at no charge to each Senatorial campaign committee of a political party. Amends the Federal Election Campaign Act of 1971 to provide for the designation of such committees and the allocation by them of the free broadcast time among the party candidates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Voting Education and Reform, Safeguarding Every American's Vote Act'' or the ``OVERSEAS Vote Act''. SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO INCLUDE NOTARIZATION ON RETURN ENVELOPE. Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Prohibiting Refusal To Accept Ballot For Failure to Include Notarization on Return Envelope.--A State may not refuse to accept or process any otherwise valid absentee ballot, including the Federal write-in absentee ballot, submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a Notary Public or other official authorized to administer oaths.''. SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT. (a) Waiving Requirement.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended by striking ``who make timely applications for'' and all that follows through ``absentee ballots'' and inserting a period. (b) Conforming Amendment Relating to Timing of Request.--Section 103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended-- (1) by adding ``or'' at the end of paragraph (1); (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS. (a) Permitting Voters To Request Absentee Ballots in All Subsequent Elections.--Section 104(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking ``through the next 2 regularly scheduled general elections'' and all that follows through ``such general elections),'' and inserting ``(subject to subsections (b) and (d)),'' (b) Waiver of Requirement To Provide Absentee Ballots in Subsequent Elections to Individuals With Unknown Addresses.--Section 104(a) of such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at the end and inserting the following: ``, other than any election occurring after any absentee ballot or other election material sent by the State to the voter is returned to the State as undeliverable or with no forwarding address within the State.''. SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH. (a) Establishment of Program.-- (1) Program described.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall establish and operate a program for making grants to eligible organizations for carrying out activities to assist overseas civilian voters in voting in elections for Federal office and to increase turnout among such voters by providing them with information in advance of the date of an election on how to cast absentee ballots in such elections. (2) Period of grant.--Each grant awarded under the program under this section shall cover a 2-year period. (b) Eligibility of Organizations.-- (1) In general.--An organization is eligible to receive a grant under the program under this section if the organization submits to the Commission, at such time and in such form as the Commission may require, an application containing information and assurances that the organization meets the specific requirements for eligibility described in paragraph (2), together with such other information and assurances as the Commission considers appropriate. (2) Specific requirements for eligibility.--The specific requirements described in this paragraph are as follows: (A) The organization is nonpartisan in nature and will carry out activities funded by the grant in a non partisan manner. (B) The organization will use the funds provided under the grant to carry out projects designed to increase the meaningful participation of overseas voters in elections for Federal office. (C) The organization will carry out projects that include at least one of the following activities: (i) Outreach and education to identify overseas civilian voters and provide them with accurate information about voter registration and voting in elections for Federal office, and to provide the information well in advance of applicable State deadlines. (ii) Providing assistance to overseas civilian voters in registering to vote and casting ballots in elections for Federal office, and to provide the assistance well in advance of applicable State deadlines. (D) The organization will file the reports required under subsection (d). (3) Joint eligibility of multiple organizations.--Two or more organizations may be considered a single eligible organization for purposes of receiving a grant under the program under this section, so long as each of them meet the specific requirements for eligibility described in paragraph (2). (c) Criteria for Selection Among Eligible Organizations.--In selecting among eligible organizations for making grants under the program under this section and in determining the amount of the grant awarded, the Commission shall take into consideration the following: (1) The need to ensure an appropriate distribution of participants among various geographic areas, based upon the most recent available data on the number and location of overseas civilian voters. (2) The extent to which the organizations enter into partnerships and other collaborative agreements to carry out the projects involved. (3) The extent to which the organization's approach to providing services under the projects reflects innovation and creativity, including the use of innovative technologies. (4) In the case of overseas civilian voter education projects, the clarity of presentation and ease of use of the information provided to voters. (d) Reporting Requirement.-- (1) Reports.--Each eligible organization that receives a grant under the program under this section shall submit to the Commission a report containing the following information with respect to each year covered by the grant: (A) A description of the projects carried out with funds provided under the grant during the year (and arranged to be carried out during the succeeding year, in the case of a report with respect to an odd-numbered year). (B) The number of overseas civilian voters to whom outreach was provided under the projects. (C) The number of overseas civilian voters registered during the year under the projects. (D) In the case of a report filed with respect to an odd-numbered year, the organization's target for the number of overseas civilian voters to whom the organization will provide assistance during the following year (including the target for the number of absentee ballots to be cast by such voters). (E) In the case of a report filed with respect to an even-numbered year, the number of overseas civilian voters to whom the organization provided assistance during the year and the number of absentee ballots cast by such voters. (F) The organization's analysis of the opportunities for replication of the projects. (2) Deadline.--The organization shall submit the report required under this subsection with respect to a year not later than 90 days after the end of the year. (e) Overseas Civilian Voter Defined.--In this section, the term ``overseas civilian voter'' means an overseas voter defined in section 107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5)), but does not include an individual described in subparagraph (A) of such section. (f) Authorization of Appropriations.-- (1) Amount authorized.--There are authorized to be appropriated for grants under the program under this section an aggregate amount of $5,000,000 for fiscal year 2008 and each of the first 4 succeeding 2-fiscal year periods. (2) Availability.--Amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST ABSENTEE BALLOTS IN ELECTIONS. (a) Requiring Offices With Overseas Personnel To Provide Notice of Opportunities To Cast Absentee Ballots.-- (1) In general.--The head of each office of the Federal government that has employees whose designated post of duty is outside the United States shall provide such employees with notice of the rights provided to absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act). (2) Timing of notice.--The head of an office shall provide the notice required under paragraph (1) not later than December 1 of each odd-numbered year and August 1 of each even-numbered year. (b) Including Information in Passports.--The Secretary of State shall ensure that each passport issued on or after the date of the enactment of this Act includes a page describing the rights provided to overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act), and shall include on the page a list of resources through which individuals may obtain additional information regarding such rights. SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN UNITED STATES. Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows: ``(C) a person who resides outside the United States and (but for such residence) would be qualified to vote-- ``(i) in the last place in which the person was domiciled before leaving the United States, or ``(ii) in the case of an individual who has never resided in the United States, in the last place in which the person's parent or guardian was domiciled before leaving the United States;''. SEC. 8. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.

Overseas Voting Education and Reform, Safeguarding Every American's Vote Act, or OVERSEAS Vote Act - Amends the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) to prohibit a state from refusing to accept or process any otherwise valid absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a notary public or other official authorized to administer oaths. Repeals the requirement to apply for state absentee ballot as a condition for use of a federal write-in absentee ballot. Permits voters to request absentee ballots in all subsequent elections. Directs the Election Assistance Commission (EAC) to establish and operate a program of grants to eligible nonpartisan organizations for activities to: (1) assist overseas civilian voters in voting in federal elections; and (2) increase turnout by providing them with information in advance of an election on how to cast absentee ballots. Requires the head of each office of the federal government with employees whose designated post of duty is outside the United States to notify them of the rights provided by UOCAVA to absent uniformed services voters and overseas voters. Directs the Secretary of State to ensure that each passport issued after enactment of this Act describes such rights. Extends application of UOCAVA to certain individuals who have never resided in the United States.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Congress strongly supports providing every honorably discharged veteran the opportunity to be buried in a national veterans cemetery in recognition of their sacrifices for the freedoms enjoyed by every citizen of the United States. (2) The Department of Veterans Affairs has determined that a population threshold of 170,000 eligible people living within a 75-mile service radius is appropriate to merit the establishment of a new national cemetery in areas of greatest need nationwide. (3) Although the Department of Veterans Affairs estimates a projected veterans population of 133,000 within a 75-mile radius of the city of Bellevue, Nebraska, an independent analysis conducted by the Metropolitan Area Planning Agency located in Omaha, Nebraska, concluded that 172,500 people who reside within a 75-mile radius of Bellevue would be eligible to be buried in a national cemetery. (4) Congress has consistently authorized the construction of six new national cemeteries every four years since 1999, with the first six established by section 611 of the Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 38 U.S.C. 2400 note) and the next six established by the National Cemetery Expansion Act of 2003 (Public Law 108-109; 38 U.S.C. 2400 note). (5) The independent report titled ``Future Burial Needs'' and completed for the Department of Veterans Affairs in 2002 pursuant to section 613 of the Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 38 U.S.C. 2404 note) recommended Omaha, Nebraska, as a location for a new national cemetery to be built in 2005. (6) The Midwest Health Care Network of the Department of Veterans Affairs, which is responsible for the provision of health care for veterans residing in Iowa and Nebraska, currently serves a high population of aging veterans. (7) Major veterans and military advocacy organizations endorse the establishment of a national cemetery to serve veterans and their family members in the eastern Nebraska and western Iowa regions, including the following: (A) The Nebraska Department of Disabled American Veterans. (B) The Heartland of America Chapter of the Military Officers Association of America. (C) The Great Plains Chapter of Paralyzed Veterans of America. (D) The Nebraska Department of Veterans of Foreign Wars. (E) The Nebraska chapter of Vietnam Veterans of America. (F) The Nebraska Military Order of the Purple Heart. (G) The Nebraska State Air Force Association. (H) The Air Force Sergeants Association, Chapter 984. (I) The Nebraska Department of the American Legion. (J) The Forty & Eight Charitable Veterans. (K) The Nebraska chapter of the American Ex- Prisoners of War. (L) The Nebraska chapter of Gold Star Wives. (M) The Korean War Veterans Association, Nebraska Chapter 1. (N) The Marine Corps League in Nebraska. (O) The Nebraska Department of American Veterans. (8) Such organizations represent a combined membership of not less than 85,700 veterans and military advocates in the State of Nebraska. SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN EASTERN NEBRASKA REGION. (a) In General.--The Secretary of Veterans Affairs shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in the eastern Nebraska region to serve the needs of veterans and their families in the eastern Nebraska and western Iowa regions. (b) Consultation in Selection of Site.--Before selecting the site for the national cemetery established under subsection (a), the Secretary shall consult with-- (1) appropriate officials of the State of Nebraska and local officials in the eastern Nebraska region; and (2) appropriate officials of the United States, including the Administrator of General Services, with respect to land belonging to the United States in that region that would be suitable to establish the national cemetery under subsection (a). (c) Report.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the establishment of the national cemetery under subsection (a). The report shall set forth a schedule for such establishment and an estimate of the costs associated with such establishment.

Directs the Secretary of Veterans Affairs to establish a national cemetery in eastern Nebraska to serve the needs of veterans and their families in eastern Nebraska and western Iowa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medicare Costs through Innovation Act''. SEC. 2. MEDICARE COMMERCIALIZATION GRANTS. (a) Definitions.--In this section: (1) The term-- (A) ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services; and (B) ``Secretary'' means the Secretary of Health and Human Services. (2) The terms ``commercialization'', ``Phase I'', ``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings given those terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)). (3) The term ``eligible medical product'' means a product-- (A) for which a grant recipient received a Medicare commercialization grant; (B) which will maintain or improve quality of care while reducing costs (as determined by the Secretary); and (C)(i) that is a drug, as defined under section 201(g)(1) of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); (ii) that is a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262); (iii) that is a combination product, as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)); or (iv) that is a device, as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), for which approval under section 515 of such Act is required. (4) The term ``eligible small business concern'' means a small business concern that-- (A) has a focus on the diseases or conditions that are the top 10 cost drivers in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as determined by the Secretary in accordance with subsection (b)(3); (B) is otherwise eligible for a Centers for Medicare & Medicaid Services SBIR or STTR program grant; (C) has completed Phase I activities; and (D) has funding for Phase II activities. (5) The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). (b) Medicare Commercialization Grants.-- (1) Establishment of program.--The Secretary shall establish within the Centers for Medicare & Medicaid Services SBIR or STTR program a grant program referred to as the ``Medicare commercialization grant program'' through which the Secretary shall award grants to eligible small business concerns with approved applications to assist such small business concerns in Phase III activities related to developing novel eligible medical products and receiving approval or clearance by the Food and Drug Administration for such eligible medical products in accordance with paragraph (2). (2) Approval process for grant recipient's novel drugs, devices, or diagnostics.--A grantee may choose to submit an application for approval of novel drugs, devices, or diagnostics through a traditional approval process or through the pilot program for parallel review of medical products described in subsection (c). (3) Applications.-- (A) Solicitation of applications.--The Secretary shall issue an annual solicitation of applications for the grant program under paragraph (1), with a focus on the diseases or conditions that are the top 10 cost drivers in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as determined by the Secretary in accordance with subparagraph (B). (B) Cost drivers in medicare.--The Secretary shall assess, in consultation with stakeholders, and take into consideration for purposes of determining such cost drivers and the eligibility of a small business concern, as described in subsection (a)(4)(A)-- (i) high volume medical procedures that are paid for under the Medicare program; (ii) diseases or conditions that a high number of Medicare beneficiaries are affected by; (iii) high cost medical procedures that are paid for under the Medicare program; (iv) diseases or conditions that Medicare beneficiaries are affected by that result in a high cost to the Medicare program; and (v) areas described in clauses (i) through (iv) for which there is a high potential for innovation or cost reduction. (C) Application requirement.--Each eligible small business concern that applies for a Medicare commercialization grant shall include in the application for such grant a description of each source of funding for the eligible business concern and the amount of funding from each such source. (4) Duration.--An eligible small business concern may receive a Medicare commercialization grant for a period of not less than 1 year and not more than 3 years. (5) No limit on number of recipients.--The Secretary shall not limit the number of eligible small business concerns that may receive a Medicare commercialization grant. (6) Periodic assessment.--At the completion of the third year for which grants are awarded under this subsection, the Secretary shall prepare an assessment containing information about the cost reductions and improvements in care that result from such grants, including-- (A) a general assessment of the cost drivers that the grants were intended to address; (B) information about the novel eligible medical products that the grantees developed or received approval or clearance for with the aid of grant funding under this subsection; and (C) the potential for a reduction in costs that may result if such novel eligible medical products were used nationwide. (7) Report.--The Secretary shall prepare and submit to Congress, at the completion of the third year for which grants are awarded under this subsection and following the assessment described in paragraph (6), a summary report containing the information described in paragraph (6). The Secretary shall also post each such report on the website of the Department of Health and Human Services. (8) Funding.--To carry out the grant program under this subsection, the Secretary shall use amounts allocated for the SBIR and STTR programs of the Department of Health and Human Services under subsections (f) and (n), respectively, of section 9 of the Small Business Act (15 U.S.C. 638). (9) Collaboration.--The Secretary shall collaborate with the heads of other divisions within the Department of Health and Human Services as the Secretary determines necessary to carry out this subsection. (c) Pilot Program for Parallel Review of Medical Products.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary and the Administrator shall jointly establish a pilot program for parallel review of eligible medical products that is similar to the ``Pilot Program for Parallel Review of Medical Products'' described in the notice of the Centers for Medicare & Medicaid Services, published in the Federal Register on October 11, 2011 (76 Fed. Reg. 62808) (referred to in this subsection as the ``pilot program''). Such pilot program shall not affect the applicable criteria or standards for approving, clearing, or classifying medical products under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301) and shall not affect the criteria and standards relating to determinations about a reimbursement designation or a national coverage determination under the Medicare program under title XVIII of the Social Security Act. (2) Purpose.--The purposes of the pilot program are to-- (A) reduce the timeline of the review processes for purposes of approval by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301) and a reimbursement designation and a national coverage determination under the Medicare program under title XVIII of the Social Security Act for certain medical products developed by Medicare commercialization grant recipients; and (B) increase the efficiency of, and communication between, the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. (3) Eligible participants.--The pilot program established under this subsection shall be available-- (A) only to recipients of a Medicare commercialization grant under this subsection (b) who choose to participate in such pilot program; and (B) only for the review of eligible medical products. (4) Parallel review process.--As part of the pilot program-- (A) to the extent practicable, the Secretary and the Administrator shall notify participating grant recipients of the data that may be necessary for the grant recipient to submit at the beginning of the review process; and (B) the Administrator shall begin review for purposes of a reimbursement designation and a national coverage determination under the Medicare program under title XVIII of the Social Security Act for an eligible medical product while the Secretary of Health and Human Services is reviewing that eligible medical product for approval under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301). (5) Allocation of resources.--The Administrator shall allocate the resources necessary to carry out the pilot program.

Reducing Medicare Costs through Innovation Act This bill establishes a Medicare commercialization grant program, through which the Centers for Medicare & Medicaid Services (CMS) shall award grants to eligible small businesses for certain activities related to developing novel eligible medical products and receiving Food and Drug Administration (FDA) approval for such products. CMS shall solicit grant applications annually, with a focus on the diseases or conditions that are the top ten cost drivers in the Medicare program. To carry out the grant program, CMS shall use amounts allocated under the Small Business Act for the Small Business Innovation Research and Small Business Technology Transfer programs. The bill also establishes a pilot program (similar to a pilot program that was previously established in regulation) for parallel review of medical products with the purpose of reducing, with respect to certain medical products developed by Medicare commercialization grant recipients, the timeline for FDA approval and Medicare national coverage determinations. A Medicare commercialization grant applicant may choose to apply for FDA approval of novel medical products either through a traditional process or through the pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Smuggling and Terrorism Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alien smuggling by land, air, and sea is a transnational crime that-- (A) violates the integrity of United States borders; (B) compromises the sovereignty of the United States; (C) places our Nation at risk of terrorist activity; and (D) contravenes the rule of law. (2) Aggressive enforcement activity against alien smuggling is needed to protect the borders of the United States and to ensure our Nation's security. The border security and antismuggling efforts of the men and women on the Nation's front line of defense are commendable. Special recognition should be given to the Border Patrol, the Coast Guard, United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Federal Bureau of Investigation. (3) The law enforcement community must be given the statutory tools necessary to address this security threat. The United States Attorneys Offices and the Domestic Security Section of the Criminal Division cannot prosecute these cases successfully without effective alien smuggling statutes. (4) Alien smuggling has a destabilizing effect on border communities. State and local law enforcement, medical personnel, social service providers, and the faith community play important roles in combating smuggling and responding to its effects. (5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers. (6) Existing alien smuggling laws often fail to reach the conduct of alien smugglers, transporters, recruiters, guides, and boat captains. (7) Existing laws concerning failure to heave to are insufficient to appropriately punish boat operators and crew who engage in the reckless transportation of aliens on the high seas and seek to evade capture. (8) Much of the conduct in alien smuggling rings occurs outside of the United States. Extraterritorial jurisdiction is needed to ensure that smuggling rings can be brought to justice for recruiting, sending, and facilitating the movement of those who seek to enter the United States without lawful authority. (9) Alien smuggling can include unsafe or recklessly dangerous conditions that expose individuals to particularly high risk of injury or death. SEC. 3. CHECKS AGAINST TERRORIST WATCH LIST. The Secretary of Homeland Security shall, to the extent practicable, check, against all available terrorist watch lists, alien smugglers and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS. Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) by amending the subsection heading to read as follows: ``Bringing in, Harboring, and Smuggling of Unlawful and Terrorist Aliens.--''; (2) by amending paragraph (1) to read as follows: ``(1)(A) A person shall be subject to the penalties described in subparagraph (D) if the person, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly-- ``(i) brings that individual to the United States, regardless of any future official action which may be taken with respect to that individual; ``(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; ``(iii) transports or moves that individual in the United States, in furtherance of that individual's unlawful presence; or ``(iv) harbors, conceals, or shields from detection that individual in any place in the United States, including any building or means of transportation. ``(B) A person shall be subject to the penalties described in subparagraph (D) if the person, knowing that an individual is an alien, brings that individual to the United States at a place other than a designated port of entry or a place designated by the Secretary of Homeland Security, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to that individual. ``(C) A person who attempts or conspires to commit any offense described subparagraph (A) or (B) shall be subject to the same penalties as a person who completes the offense. ``(D) A person who commits any offense described in this paragraph shall, for each individual in respect to whom such offense occurs-- ``(i) be fined under title 18, United States Code, imprisoned not more than 5 years, or both if the offense is not described in any of clauses (ii) through (vii); ``(ii) be fined under such title, imprisoned not more than 1 year, or both, if the offense involved the transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew and is not described in any of clauses (iii) through (vi); ``(iii) be fined under such title, imprisoned not more than 10 years, or both if the violation is described in clauses (ii), (iii), or (iv) of subparagraph (A) or subparagraph (B) and was committed for the purpose of profit, commercial advantage, or private financial gain; ``(iv) be fined under such title and imprisoned, in the case of a first or second violation, for a term of not fewer than 3 years and not more than 10 years, and for any subsequent violation, for a term of not fewer than 5 years and not more than 15 years, if the offense-- ``(I) is described in subparagraph (A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain; or ``(II) was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year; ``(v) be fined under such title, imprisoned not more than 20 years, or both if the offense-- ``(I) results in serious bodily injury (as defined in section 1365 of title 18, United States Code); or ``(II) places in jeopardy the life of any person; ``(vi) be fined under such title, imprisoned not more than 30 years, or both if the offense involved an individual who the person knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)); ``(vii) be fined under such title, imprisoned for any term of years or for life, or both if the offense involves kidnaping, an attempt to kidnap, conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), an attempt to commit such abuse, or an attempt to kill; and ``(viii) fined under such title, punished by death or imprisoned for any term of years or for life, or both if the offense results in the death of any person.''; and (3) by amending paragraph (2) to read as follows: ``(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). ``(B) In a prosecution for a violation of, or an attempt or conspiracy to violate subparagraph (A)(i), (A)(ii), or (B) of paragraph (1), that occurs on the high seas, no defense based on necessity can be raised unless the defendant-- ``(i) reported to the Coast Guard, as soon as practicable-- ``(I) the circumstances of the necessity; and ``(II) if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and ``(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement under clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. ``(C) It is a defense to a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year. ``(D) In this paragraph and in paragraph (1)-- ``(i) the term `lawful authority'-- ``(I) means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws; and ``(II) does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. ``(ii) the term `United States' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and every other territory and possession of the United States.''. SEC. 5. MARITIME LAW ENFORCEMENT. (a) Penalties.--Section 2237(b) of title 18, United States Code, is amended to read as follows: ``(b)(1) Except as provided under paragraph (2), any person who intentionally violates this section shall, be fined under this title, imprisoned for not more than 5 years, or both. ``(2)(A) A person described in paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both if the violation is committed in the course of a violation of-- ``(i) section 274 of the Immigration and Nationality Act (alien smuggling); ``(ii) chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; ``(iii) chapter 705 (maritime drug law enforcement) of title 46; or ``(iv) title II of the Act of June 15, 1917 (40 Stat. 220). ``(B) A person described in paragraph (1) shall be fined under this title, imprisoned not more than 15 years, or both if the violation results in serious bodily injury (as defined in section 1365) or transportation under inhumane conditions. ``(C) A person described in paragraph (1) shall be fined under this title, imprisoned for any term of years or for life, or both if the violation-- ``(i) results in death; or ``(ii) involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), an attempt to commit such abuse, or an attempt to kill.''. (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by adding at the end the following: ``(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant-- ``(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; ``(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and ``(C) did not bring, attempt to bring, or in intentionally facilitate the entry of any alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement under subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.''. (c) Definition.--Section 2237(e) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) the term `transportation under inhumane conditions' means-- ``(A) transportation of persons in an engine compartment, storage compartment, or other confined space; ``(B) transportation at an excessive speed; ``(C) transportation of a number of persons in excess of the rated capacity of the means of transportation; or ``(D) intentionally grounding a vessel in which persons are being transported.''. SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (b) Considerations.--In carrying out this section, the Sentencing Commission, shall-- (1) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in paragraph (1) that-- (A) involve a pattern of continued and flagrant violations; (B) are part of an ongoing commercial organization or enterprise; (C) involve aliens who were transported in groups of 10 or more; (D) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (E) involve the facilitation of terrorist activity; and (2) consider cross-references to the guidelines for criminal sexual abuse and attempted murder. (c) Expedited Procedures.--The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

Alien Smuggling and Terrorism Prevention Act of 2007 - Directs the Secretary of Homeland Security to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders. Revises alien smuggling and related criminal offense and penalty provisions. Provides extraterritorial jurisdiction over such offenses. Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas. Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year. Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Restoration Act''. SEC. 2. LONG ISLAND SOUND DEMONSTRATION PROGRAM. (a) In General.--The Administrator shall carry out a demonstration program under which the Administrator may make grants on an annual basis to the States of New York and Connecticut in accordance with this section. (b) Purposes.--The Administrator shall carry out the program under subsection (a)-- (1) to demonstrate methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards adopted pursuant to section 303 of the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) to demonstrate the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) to enhance opportunities for water-dependent recreational activities, maintain a healthy ecosystem, protect and enhance marine life, minimize health risks associated with human consumption of shellfish and finfish, and ensure that social and economic benefits to the general public associated with Long Island Sound are advanced; and (4) to advance goals and recommendations contained in the Comprehensive Conservation and Management Plan of the Long Island Sound Study developed pursuant to section 320 of the Federal Water Pollution Control Act. (c) Designation of Bays and Harbors.-- (1) In general.--In order to be eligible to receive grants under subsection (a), the States of New York and Connecticut shall each designate in accordance with paragraphs (2) and (3) bays and harbors of Long Island Sound at which the State plans to carry out eligible activities with amounts of such grants and transmit such designations to the Administrator. (2) Designations by state of new york.--The State of New York shall designate pursuant to paragraph (1) one bay or harbor in each of the following 4 political subdivisions of the State of New York: Westchester County, Nassau County, Suffolk County, and New York City. (3) Designations by state of connecticut.--The State of Connecticut shall designate pursuant to paragraph (1) one bay or harbor in 2 of the following 4 political subdivisions of the State of Connecticut: Fairfield County, New Haven County, Middlesex County, and New London County. (4) Participation of management committee.--The States of New York and Connecticut shall each make designations pursuant to paragraph (1) in cooperation with the Management Committee of the Long Island Sound Study established pursuant to section 320 of the Federal Water Pollution Control Act. (5) Participation of new york city.--The State of New York shall designate a bay or harbor in New York City pursuant to paragraph (1) in cooperation with the Mayor of New York City (or the designee of the Mayor). (d) Terms and Conditions.--The Administrator may make a grant to a State under subsection (a) only if the State enters into an agreement with the Administrator which contains the following terms and conditions for receipt of the grant: (1) Use of grant.--Except as provided in paragraph (3), all amounts of the grant shall be used by the State-- (A) to carry out eligible activities and a monitoring program pursuant to paragraph (4) at bays and harbors designated by the State pursuant to subsection (c); and (B) to educate the public, in coordination with the office established pursuant to section 119 of the Federal Water Pollution Control Act, on the implementation and results of such eligible activities. (2) Distribution of grants amounts.--Equal amounts of the grant shall be used by the State for conducting eligible activities at each bay and harbor designated pursuant to subsection (c). (3) Administrative expenses.--Not to exceed 1.5 percent of the amount of the grant may be used by the State for staff salaries and other administrative expenses incurred by the State in carrying out activities with the grant. (4) Monitoring.--The State shall design and carry out a program for monitoring water quality at bays and harbors designated pursuant to paragraph (c) in order to determine the effectiveness of eligible activities being conducted by the State using amounts of the grant. Activities under such program shall be reviewed and evaluated by the Long Island Sound Study Scientific and Technical Advisory Committee and by the Long Island Sound Monitoring Work Group. (5) Reporting.--The State shall comply with reporting requirements contained in subsection (f). (e) Distribution of Grants.--The Administrator shall use \2/3\ of the amounts appropriated in a fiscal year to carry out this Act for making grants to the State of New York under subsection (a) and \1/3\ of such amounts for making grants to the State of Connecticut under subsection (a). (f) Reports.-- (1) Reports to the administrator.--A State receiving a grant under subsection (a) shall transmit to the Administrator, not later than 18 months after the date of receipt of the grant and biennially thereafter for the term of the program under subsection (a), a report on eligible activities carried out by the State using amounts of the grant and on the results of the monitoring program carried out by the State pursuant to subsection (d)(4), including a summary of evaluations conducted pursuant to subsection (d)(4). Any such report may be transmitted as part of a report submitted by the State pursuant to section 320(h) of the Federal Water Pollution Control Act. (2) Report to congress.--On or before the last day of the 5th fiscal year beginning after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the program conducted under subsection (a), together with an analysis on the extent to which the purposes described in subsection (b)(3) have been realized and recommendations for appropriate administrative and legislative actions. (g) Non-Federal Share.--The non-Federal share of the cost of activities carried out with amounts from grants under subsection (a) in a fiscal year shall be 30 percent. One-sixth of such non-Federal share shall be provided by sources in the locality in which such activities are carried out. (h) Definitions.--For the purposes of this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible activity.--The term ``eligible activity'' means an activity conducted for the purpose of addressing one or more of the following problems: (A) Pollutants from nonpoint sources.--Urban and suburban runoff of pollutants into Long Island Sound from forestry, agriculture, and other land uses. Such pollutants include sediments associated with logging, pesticides, fertilizers, animal waste, litter, overflows from failing septic systems, leaching of contaminants from landfills, and discharges from coastal development and construction sites. (B) Waste from recreational boats.--The discharge of waste into Long Island Sound from recreational boats and the leaching of antifouling paints. (C) Pollutants carried by rivers.--Pollutants which are carried by rivers into Long Island Sound. (D) Airborne pollutants.--Airborne pollutants which are emitted and attached to or absorbed by moisture and particles in the environment and which enter Long Island Sound. (E) Wetlands degradation.--The deterioration of tidal wetlands of Long Island Sound from their natural state and the adverse effects of such deterioration on near-shore habitat. (F) Pollutants from point sources.--Pollutants discharged into Long Island Sound from a discharge pipe, sewage treatment plant, or industrial facility. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $50,000,000 per fiscal year for each of the first 5 fiscal years beginning after the date of the enactment of this Act.

Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out. Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities. Authorizes appropriations.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Health Care Quality Improvement Act of 2016''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RURAL HEALTH CARE Sec. 101. Establishment of core set of rural health care quality measures. Sec. 102. Revisions to Medicare rural grants. TITLE II--RURAL-BASED PAYMENT REFORMS Sec. 201. Integrating core set of rural health care quality measures into certain payment models. Sec. 202. Center for Medicare and Medicaid Innovation testing of providing financial incentives for rural providers of services and suppliers to submit data on quality measures. Sec. 203. Center for Medicare and Medicaid Innovation testing of value- based payment models for rural providers of services and suppliers. Sec. 204. Center for Medicare and Medicaid Innovation testing of hospital readmissions reduction program for rural hospitals. Sec. 205. Participation by rural health clinics and Federally qualified health centers in Comprehensive Primary Care Plus model. TITLE III--IMPROVING RURAL REPRESENTATION Sec. 301. Inclusion of rural representation on CMS Rural Health Council. Sec. 302. Ensuring rural representation on the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission. TITLE I--RURAL HEALTH CARE SEC. 101. ESTABLISHMENT OF CORE SET OF RURAL HEALTH CARE QUALITY MEASURES. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1890A the following new section: ``rural health care quality measures ``Sec. 1890B. (a) Establishment.--Not later than January 1, 2018, the Secretary shall, using the process described in section 1890(b)(7), establish a core set of relevant quality measures that address the following with respect to rural providers of services and suppliers who furnish items and services to individuals in rural areas: ``(1) Improving patient outcomes, such as mortality rates, hospital acquired infections, hospital readmissions, and other patient-reported outcomes. ``(2) Improving care coordination, transitions, and medicine reconciliation. ``(3) Reducing costs. ``(4) Improving patient safety. ``(5) Use of preventive care services, including immunizations and screening tests. ``(6) Improving care for individuals with chronic disease, including cardiovascular disease, diabetes, behavioral health, and other chronic conditions. ``(7) Other purposes specified by the Secretary. ``(b) Aligning Measures With Existing Quality Reporting Requirements.--In establishing the core set of quality measures under subsection (a), the Secretary shall reduce reporting burdens for small rural providers of services and suppliers (as determined by the Secretary) by, to the extent practicable, ensuring that such quality measures are consistent with measures applicable under other quality and value-based payment reporting requirements under this title, as determined by the Secretary, including the Merit-Based Incentive Payment System under section 1848(q) and incentive payments for the meaningful use of certified EHR technology under section 1886(b)(3)(B)(ix). ``(c) Implementation.--The provisions of paragraphs (4) and (5) of section 1890A(a) shall apply to the establishment of the core set of quality measures under subsection (a) in the same manner as such provisions apply to the selection of quality and efficiency measures described in section 1890(b)(7)(B). ``(d) Annual Updating.--The Secretary shall, using the process described in section 1890A, review and update the core set of quality measures established under subsection (a) in accordance with section 1890A(c) to ensure such quality measures remain reliable, scientifically valid, and appropriate for quality measurement purposes.''. (b) Conforming Amendment.--Section 1890(b)(5)(A)(iv) of the Social Security Act (42 U.S.C. 1395aaa(b)(5)(A)(iv)) is amended by inserting ``and (beginning with 2019) rural health care quality measures under section 1890B'' after ``Public Health Service Act''. SEC. 102. REVISIONS TO MEDICARE RURAL GRANTS. (a) Reauthorization.--Section 1820(j) of the Social Security Act (42 U.S.C. 1395i-4(j)) is amended-- (1) by striking ``Appropriations.--There'' and inserting the following: ``Appropriations.-- ``(1) HI trust fund.--There''; and (2) by adding at the end the following new paragraph: ``(2) General revenues.--There are authorized to be appropriated, from amounts in the Treasury not otherwise appropriated, for making grants to all States under subsection (g), $50,000,000 in each of fiscal years 2017 through 2021, to remain available until expended.''. (b) Medicare Rural Emergency Medical Services Grants.--Section 1820(g)(2)(A) of the Social Security Act (42 U.S.C. 1395i-4(g)(2)(A)) is amended by inserting the following before the period at the end: ``, which may include plans to support emergency medical transportation services, particularly in rural communities that have lost their rural hospital''. (c) Grants To Provide Technical Assistance for Quality Improvement Reporting by Critical Access Hospitals.--Section 1820(g) of the Social Security Act (42 U.S.C. 1395i-4(g)) is amended by adding at the end the following new paragraph: ``(8) Technical assistance for quality improvement reporting by critical access hospitals.-- ``(A) Grants.--The Secretary may award grants to critical access hospitals that have submitted applications in accordance with subparagraph (B) for-- ``(i) assisting such hospitals in establishing or expanding a quality improvement reporting program; and ``(ii) supporting the provision of technical assistance for quality improvement reporting. ``(B) Application.--A critical access hospital seeking a grant under this paragraph shall submit an application to the Secretary on or before such date and in such form and manner as the Secretary specifies. ``(C) Reporting requirement in order to continue to receive grants after second year.--The Secretary may not award a grant under this paragraph to a critical access hospital for more than 2 years unless the hospital agrees to submit, for each year after that second year, such relevant quality data specified by the Secretary, including data on rural health care quality measures established under section 1890B, as appropriate. ``(D) Availability to public.--The Secretary shall establish procedures for making data submitted under subparagraph (C) available to the public. ``(E) Opportunity to review.--The procedures established under subparagraph (D) shall ensure that a critical access hospital has the opportunity to review the data that are to be made public with respect to the hospital prior to such data being made public. ``(F) Measures.--The Secretary shall report quality measures of process, structure, outcome, patients' perspective on care, efficiency, and costs of care that relate to services furnished in such hospitals on the Internet website of the Centers for Medicare & Medicaid Services.''. TITLE II--RURAL-BASED PAYMENT REFORMS SEC. 201. INTEGRATING CORE SET OF RURAL HEALTH CARE QUALITY MEASURES INTO CERTAIN PAYMENT MODELS. Section 1890B of the Social Security Act, as added by section 101, is amended by adding at the end the following new subsection: ``(e) Inclusion Under Alternative Payment Models and Value-Based Demonstration Projects.--Effective beginning with calendar year or fiscal year 2021, as applicable, the Secretary shall ensure that rural health care quality measures established under this section are included in quality reporting under alternative payment models and value-based payment demonstration projects under this title, as appropriate, including the shared savings program under section 1899 and the Merit-Based Incentive Payment System under section 1848(q).''. SEC. 202. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF PROVIDING FINANCIAL INCENTIVES FOR RURAL PROVIDERS OF SERVICES AND SUPPLIERS TO SUBMIT DATA ON QUALITY MEASURES. Section 1115A of the Social Security Act (42 U.S.C. 1315a) is amended-- (1) in subsection (b)(2)(A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include the model described in subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Providing Financial Incentives for Rural Providers of Services and Suppliers To Submit Data on Quality Measures.--The Secretary shall test a model providing financial incentives to providers of services and suppliers located in rural areas to submit data on applicable quality measures under title XVIII, including rural health care quality measures established under section 1890B.''. SEC. 203. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF VALUE- BASED PAYMENT MODELS FOR RURAL PROVIDERS OF SERVICES AND SUPPLIERS. Section 1115A of the Social Security Act (42 U.S.C. 1315a), as amended by section 202, is amended-- (1) in subsection (b)(2)(A), by striking ``model described in subsection (h)'' and inserting ``models described in subsections (h) and (i)''; and (2) by adding at the end the following new subsection: ``(i) Value-Based Payment Models for Rural Providers of Services and Suppliers.--The Secretary shall test value-based payment models, including value-based purchasing, for items and services furnished by providers of services and suppliers located in rural areas under title XVIII, including critical access hospitals.''. SEC. 204. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF HOSPITAL READMISSIONS REDUCTION PROGRAM FOR RURAL HOSPITALS. Section 1115A of the Social Security Act (42 U.S.C. 1315a), as amended by sections 202 and 203, is amended-- (1) in subsection (b)(2)(A), by striking ``and (i)'' and inserting ``, (i), and (j)''; and (2) by adding at the end the following new subsection: ``(j) Hospital Readmissions Reduction Program for Rural Hospitals.--The Secretary shall test a hospital readmissions reduction program under title XVIII for hospitals located in rural areas that are not otherwise subject to the program under section 1886(q).''. SEC. 205. PARTICIPATION BY RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS IN COMPREHENSIVE PRIMARY CARE PLUS MODEL. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall permit a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2))) or a Federally qualified health center (as defined in section 1861(aa)(4) of such Act (42 U.S.C. 1395x(aa)(4))) to participate in the Comprehensive Primary Care Plus model tested under section 1115A of such Act (42 U.S.C. 1315a). TITLE III--IMPROVING RURAL REPRESENTATION SEC. 301. INCLUSION OF RURAL REPRESENTATION ON CMS RURAL HEALTH COUNCIL. (a) In General.--To the extent the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the ``Administrator'') establishes a CMS Rural Health Council, the Administrator shall ensure that such Council includes external stakeholders who have objective rural health expertise, such as representatives of rural health research centers, quality improvement organizations, and State offices of rural health, who shall serve in an ex officio capacity as nonvoting members. (b) Collaboration With Health Care Payment Learning and Action Network.--The Council described in subsection (a) shall, to the extent practicable, work in collaboration with the Health Care Payment Learning and Action Network within the Department of Health and Human Services. SEC. 302. ENSURING RURAL REPRESENTATION ON THE MEDICARE PAYMENT ADVISORY COMMISSION AND THE MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION. (a) Medicare Payment Advisory Commission.-- (1) In general.--Section 1805(c)(2)(A) of the Social Security Act (42 U.S.C. 1395b-6(c)(2)(A)) is amended by inserting the following before the period at the end: ``, including at least two members who represent a rural area''. (2) Applicable to future appointments.--Any appointment to the Medicare Payment Advisory Commission made by the Comptroller General of the United States after the date of enactment of this Act shall be made in a manner that complies with the requirements of section 1805(c)(2)(A) of the Social Security Act, as amended by paragraph (1). (b) Medicaid and CHIP Payment and Access Commission.-- (1) In general.--Section 1900(c)(2)(A) of the Social Security Act (42 U.S.C. 1396(c)(2)(A)) is amended by inserting the following before the period at the end: ``, including at least two members who represent a rural area''. (2) Applicable to future appointments.--Any appointment to the Medicaid and CHIP Payment and Access Commission made by the Comptroller General of the United States after the date of enactment of this Act shall be made in a manner that complies with the requirements of section 1900(c)(2)(A) of the Social Security Act, as amended by paragraph (1).

Rural Health Care Quality Improvement Act of 2016 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to: establish certain health care quality measures with respect to rural providers; include such measures within specified Medicare payment models;  revise certain requirements related to specified Medicare grants for rural emergency medical services and critical access hospitals; require the Center for Medicare and Medicaid Innovation to test a hospital readmissions reduction program for rural hospitals, a model for incentivizing rural providers to submit data on applicable quality measures, and value-based payment models for services furnished by rural providers; and require the Centers for Medicare & Medicaid Services to allow rural health clinics and federally qualified health centers to participate in the Comprehensive Primary Care Plus test model.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Solar Energy Pilot Leasing Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Lincoln County, Nevada. (2) Federal land.--The term ``Federal land'' means any of the Federal land in the State under the administrative jurisdiction of the Bureau of Land Management that is identified as a ``solar development zone'' on the maps. (3) Fund.--The term ``Fund'' means the Renewable Energy Mitigation and Fish and Wildlife Fund established by section 3(d)(5)(A). (4) Map.--The term ``map'' means each of-- (A) the map entitled ``Dry Lake Valley Solar Development Zone'' and dated May 25, 2010; and (B) the map entitled ``Delamar Valley Solar Development Zone'' and dated May 25, 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (6) State.--The term ``State'' means the State of Nevada. SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN LINCOLN COUNTY, NEVADA. (a) Designation.--In accordance with sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712) and subject to valid existing rights, the Secretary shall designate the Federal land as a solar pilot project area. (b) Applicable Law.--The designation of the solar pilot project area under subsection (a) shall be subject to the requirements of-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law (including regulations). (c) Solar Lease Sales.-- (1) In general.--The Secretary shall conduct lease sales and issue leases for commercial solar energy development on the Federal land, in accordance with this subsection. (2) Deadline for lease sales.--Not later than 60 days after the date of enactment of this Act, the Secretary, after consulting with affected governments and other stakeholders, shall conduct lease sales for the Federal land. (3) Easements, special-use permits, and rights-of-way.-- Except for the temporary placement and operation of testing or data collection devices, as the Secretary determines to be appropriate, and the rights-of-way granted under section 301(b)(1) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) and BLM Case File N-78803, no new easements, special-use permits, or rights-of-way shall be allowed on the Federal land during the period beginning on the date of enactment of this Act and ending on the date of the issuance of a lease for the Federal land. (4) Diligent development requirements.--In issuing a lease under this subsection, the Secretary shall include work requirements and mandatory milestones-- (A) to ensure that diligent development is carried out under the lease; and (B) to reduce speculative behavior. (5) Land management.--The Secretary shall-- (A) establish the duration of leases issued under this subsection; (B) include provisions in the lease requiring the holder of a lease granted under this subsection-- (i) to furnish a reclamation bond or other form of security determined to be appropriate by the Secretary; (ii) on completion of the activities authorized by the lease-- (I) to restore the Federal land that is subject to the lease to the condition in which the Federal land existed before the lease was granted; or (II) to conduct mitigation activities if restoration of the land to the condition described in subclause (I) is impracticable; and (iii) to comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States; and (C)(i) establish best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the Federal land in a manner that would avoid, minimize, and mitigate actual and anticipated impacts to habitat and ecosystem function resulting from the development; and (ii) include provisions in the lease requiring renewable energy operators to comply with the practices established under clause (i). (d) Royalties.-- (1) In general.--The Secretary shall establish royalties, fees, rentals, bonuses, and any other payments the Secretary determines to be appropriate to ensure a fair return to the United States for any lease issued under this section. (2) Rate.--Any lease issued under this section shall require the payment of a royalty established by the Secretary by regulation in an amount that is equal to a percentage of the gross proceeds from the sale of electricity at a rate that-- (A) encourages production of solar energy; (B) ensures a fair return to the public comparable to the return that would be obtained on State and private land; and (C) encourages the maximum energy generation practicable using the least amount of land and other natural resources, including water. (3) Royalty relief.--To promote the maximum generation of renewable energy, the Secretary may provide that no royalty or a reduced royalty is required under a lease for a period not to exceed 5 years beginning on the date on which generation is initially commenced on the Federal land subject to the lease. (4) Disposition of proceeds.-- (A) In general.--Of the amounts collected as royalties, fees, rentals, bonuses, or other payments under a lease issued under this section-- (i) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived; (ii) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived; (iii) 15 percent shall-- (I) for the period beginning on the date of enactment of this Act and ending on the date specified in subclause (II), be deposited in the Treasury of the United States to help facilitate the processing of renewable energy permits by the Bureau of Land Management in the State, subject to subparagraph (B)(i)(I); and (II) beginning on the date that is 10 years after the date of enactment of this Act, be deposited in the Fund; and (iv) 35 percent shall be deposited in the Fund. (B) Limitations.-- (i) Renewable energy permits.--For purposes of subclause (I) of subparagraph (A)(iii)-- (I) not more than $10,000,000 shall be deposited in the Treasury at any 1 time under that subclause; and (II) the following shall be deposited in the Fund: (aa) Any amounts collected under that subclause that are not obligated by the date specified in subparagraph (A)(iii)(II). (bb) Any amounts that exceed the $10,000,000 deposit limit under subclause (I). (ii) Fund.--Any amounts deposited in the Fund under clause (i)(II) or subparagraph (A)(iii)(II) shall be in addition to amounts deposited in the Fund under subparagraph (A)(iv). (5) Renewable energy mitigation and fish and wildlife fund.-- (A) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Renewable Energy Mitigation and Fish and Wildlife Fund'', to be administered by the Secretary, for use in the State. (B) Use of funds.--Amounts in the Fund shall be available to the Secretary, who may make the amounts available to the State or other interested parties for the purposes of-- (i) mitigating impacts of renewable energy on public land, with priority given to land affected by the solar development zones designated under this Act, including-- (I) protecting wildlife corridors and other sensitive land; and (II) fish and wildlife habitat restoration; and (ii) carrying out activities authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) in the State. (C) Availability of amounts.--Amounts in the Fund shall be available for expenditure, in accordance with this paragraph, without further appropriation, and without fiscal year limitation. (D) Investment of fund.-- (i) In general.--Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (ii) Use.--Any interest earned under clause (i) may be expended in accordance with this paragraph. (e) Priority Development.-- (1) In general.--Within the County, the Secretary shall give highest priority consideration to implementation of the solar lease sales provided for under this Act. (2) Evaluation.--The Secretary shall evaluate other solar development proposals in the County not provided for under this Act in consultation with the State, County, and other interested stakeholders.

American Solar Energy Pilot Leasing Act of 2010 - Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to: (1) designate specified federal land in Nevada under the administrative jurisdiction of BLM that is identified as a solar development zone as a solar pilot project area; (2) conduct lease sales and issue leases for commercial solar energy development on such land; and (3) include work requirements and mandatory milestones to ensure that diligent development is carried out under such a lease and to reduce speculative behavior. Prohibits (with exceptions) new easements, special-use permits, or rights-of-way on such land from the date of enactment of this Act until the date of the issuance of a lease for such land. Directs the Secretary to: (1) establish the duration of leases issued; (2) include provisions in such a lease requiring the lease holder to furnish a reclamation bond or other form of security and to restore the land or conduct mitigation activities upon completion of authorized activities; (3) establish and ensure compliance with best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the land in a manner that would minimize and mitigate impacts to habitat and ecosystem function; and (4) establish royalties, fees, rentals, bonuses, and any other appropriate payments to ensure a fair return to the United States for any lease issued. Sets forth provisions governing royalty rates and proceeds distribution. Establishes in the Treasury a Renewable Energy Mitigation and Fish and Wildlife Fund, which shall be available to the Secretary for providing amounts to states or other interested parties for mitigating impacts of renewable energy on public land and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965. Directs the Secretary: (1) within Lincoln County, Nevada, to give highest priority consideration to implementation of the solar lease sales provided for under this Act; and (2) to evaluate other solar development proposals in the County not provided for under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Education Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Holocaust was an historical event that resulted in the systemic, state-sponsored mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. (2) Six States (California, Florida, Illinois, Massachusetts, New Jersey, and New York) now mandate that the Holocaust be taught in the educational curriculum, and 11 States (Connecticut, Georgia, Indiana, Nevada, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and Washington) recommend teaching the Holocaust. (3) The Holocaust is a sensitive and difficult issue about which to teach, and to do so effectively, educators need appropriate teaching tools and training to increase their knowledge and to enhance the educational experience. (b) Purposes.--The purposes of this Act are as follows: (1) To educate Americans so that they can-- (A) explore the lessons that the Holocaust provides for all people; and (B) be less susceptible to the falsehood of Holocaust denial and to the destructive messages of hate that arise from Holocaust denial. (2) To provide resources and support for education programs that-- (A) portray accurate historical information about the Holocaust; (B) sensitize communities to the circumstances that gave rise to the Holocaust; (C) convey the lessons that the Holocaust provides for all people; and (D) develop curriculum guides and provide training, to help teachers incorporate into their mainstream disciplines the study of the Holocaust and its lessons. SEC. 3. GRANTS AUTHORIZED. The Secretary is authorized to award grants to educational organizations to carry out proposed or existing Holocaust education programs. SEC. 4. USE OF FUNDS. (a) In General.--An educational organization receiving a grant authorized in section 3 shall use such grant amounts only to carry out the Holocaust education program for which the grant amounts were provided. (b) Requirements.--An educational organization receiving a grant authorized in section 3 shall comply with the following requirements: (1) Continuation of eligibility.--The educational organization shall, throughout the period that the educational organization receives and uses such grant amounts, continue to be an educational organization. (2) Supplementation of existing funds.--The educational organization shall ensure that such grant amounts are used to supplement, and not supplant, non-Federal funds that would otherwise be available to the educational organization to carry out the Holocaust education program for which the grant amounts were provided. (c) Additional Conditions.--The Secretary may require additional terms and conditions in connection with the use of a grant awarded under this Act as the Secretary considers appropriate. SEC. 5. SELECTION CRITERIA. (a) In General.--The Secretary shall award grants in accordance with competitive criteria to be established by the Secretary. (b) Consultation With Holocaust Educators.--In establishing the competitive criteria under subsection (a), the Secretary shall consult with a variety of individuals, to be determined by the Secretary, who are prominent educators in the field of Holocaust education. SEC. 6. APPLICATION. The Secretary may award grant amounts under this Act only to an educational organization that has submitted an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. SEC. 7. REVIEW AND SANCTIONS. (a) Annual Review.--The Secretary shall review, at least annually, each educational organization receiving grant amounts under this Act to determine the extent to which the educational organization has complied with the provisions of this Act. (b) Imposition of Sanctions.--The Secretary may impose sanctions on an educational organization for any failure of the educational organization to comply substantially with the provisions of this Act. The Secretary shall establish the sanctions to be imposed for a failure to comply substantially with the provisions of this Act. SEC. 8. ANNUAL REPORT. Not later than February 1 of each year, the Secretary shall submit to the Senate and House of Representatives a report describing the activities carried out under this Act and containing any related information that the Secretary considers appropriate. SEC. 9. DEFINITIONS. In this Act: (1) Educational organization.--The term ``educational organization'' means an entity-- (A) described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and (C) organized and operated for cultural, literary, or educational purposes. (2) Holocaust education program.--The term ``Holocaust education program'' means a program that-- (A) has as its specific and primary purpose to improve awareness and understanding of the Holocaust; and (B) to achieve such purpose, furnishes one or more of the following: (i) Classes, seminars, or conferences. (ii) Educational materials. (iii) Teacher training. (iv) Any other good or service designed to improve awareness and understanding of the Holocaust. (3) Holocaust.--The term ``Holocaust'' means the historical event that resulted in the systemic, state-sponsored mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 each fiscal year for five fiscal years, beginning with the first fiscal year to commence after the date of enactment of this Act, to remain available until expended.

Holocaust Education Assistance Act - Authorizes the Secretary of Education to make competitive grants to educational organizations to carry out educational programs about the Holocaust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Preservation Act of 1999''. SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA. (a) Cooperative Agreement For Maintenance and Operation.--The Secretary of Agriculture shall enter into a cooperative agreement with a non-Federal entity described in subsection (c), under which the entity will retain, maintain, and operate at private expense the water impoundment structures specified in subsection (b) that are located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California, as designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note). (b) Covered Water Impoundment Structures.--The cooperative agreement required by subsection (a) shall cover the water impoundment structures located at the following: (1) Cow Meadow Lake. (2) Y-Meadow Lake. (3) Huckleberry Lake. (4) Long Lake. (5) Lower Buck Lake. (6) Leighton Lake. (7) High Emigrant Lake. (8) Emigrant Meadow Lake. (9) Middle Emigrant Lake. (10) Emigrant Lake. (11) Snow Lake. (12) Bigelow Lake. (c) Eligible Entity.--The following non-Federal entities are eligible to enter into the cooperative agreement under subsection (a): (1) A non-profit organization as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (2) The State of California or a political subdivision of the State. (3) A private individual, organization, corporation, or other legal entity. (d) Responsibilities of the Secretary.-- (1) Map.--The Secretary of Agriculture shall prepare a map identifying the location, size, and type of each water impoundment structure covered by the cooperative agreement under subsection (a). (2) Terms and conditions of agreement.--The Secretary shall prescribe the terms and conditions of the cooperative agreement, which shall set forth the rights and obligations of the Secretary and the non-Federal entity. At a minimum, the cooperative agreement shall-- (A) require the non-Federal entity to operate and maintain the water impoundment structures covered by the agreement in accordance with a plan of operations approved by the Secretary; (B) require approval by the Secretary of all operation and maintenance activities to be conducted by the non-Federal entity; (C) require the non-Federal entity to comply with all applicable State and Federal environmental, public health, and safety requirements; and (D) establish enforcement standards, including termination of the cooperative agreement for noncompliance by the non-Federal entity with the terms and conditions. (3) Compliance.--The Secretary shall ensure that the non- Federal entity remains in compliance with the terms and conditions of this section and the cooperative agreement. (e) Responsibilities of the Non-Federal Entity.--The non-Federal entity shall be responsible for-- (1) carrying out its operation and maintenance activities with respect to the water impoundment structures covered by the cooperative agreement under subsection (a) in conformance with this section and the cooperative agreement; and (2) the costs associated with the maintenance and operation of the structures. (f) Prohibition on Use of Mechanized Transport and Motorized Equipment.--The non-Federal entity may not use mechanized transport or motorized equipment-- (1) to operate or maintain the water impoundment structures covered by the cooperative agreement under subsection (a); or (2) to otherwise conduct activities in the Emigrant Wilderness pursuant to the cooperative agreement. (g) Expansion of Agreement to Cover Additional Structures.--In the case of the six water impoundment structures located within the boundaries of the Emigrant Wilderness, but not specified in subsection (b), the Secretary of Agriculture may expand the scope of the cooperative agreement under subsection (a), with the consent of the State of California and the other party to the agreement, to include one or more of these structures, subject to the same terms and conditions as apply to the structures specified in subsection (b). (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $20,000 to cover administrative costs incurred by the Secretary to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this section. Passed the House of Representatives November 8, 1999. Attest: JEFF TRANDAHL, Clerk.

Emigrant Wilderness Preservation Act of 1999 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a qualifying non-Federal entity to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary to include an additional six water impoundment structures located within the boundaries of the Emigrant Wilderness. Sets forth responsibilities of the Secretary and the non-Federal entity. Prohibits the use of mechanized and motorized transport or equipment to maintain the structures or perform related activities. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Decommissioning Assurance Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) full, safe decommissioning of nuclear power plants is a compelling Federal interest, in that-- (A) the public health and safety and the protection of the environment can be guaranteed only if nuclear power plants are adequately decommissioned at the end of their useful lives; and (B) decommissioning obligations cannot be avoided, abandoned, or mitigated, as a matter of public health and safety; (2) electric utilities that own nuclear power plants must be able to collect adequate revenues to ensure that the utilities can satisfy the obligation to fully decommission nuclear power plants in accordance with standards established by the Nuclear Regulatory Commission; (3) the authority of the Nuclear Regulatory Commission to ensure that utilities are able to collect adequate funds so that they can satisfy the decommissioning obligation is limited by the fact that the Commission does not directly establish rates for electric services; (4) many nuclear decommissioning trust funds are not adequate to meet decommissioning obligations, and the current electric rates of collection are not adequate to ensure that there will be adequate funds at the time of decommissioning. (5) potential restructuring of the electric utility industry will exacerbate the problem, because competitive pressure is expected to be placed on current rates, thereby threatening the ability of utility entities to recover funds for decommissioning in electric rates; and (6) there is a Federal interest in establishing a national policy to ensure that electric utilities that own nuclear power plants can recover funds sufficient to satisfy the decommissioning obligation. (b) Purposes.--The purposes of this Act are-- (1) to ensure that electric utilities that own commercial nuclear electric generating plants will be able to satisfy the obligation to decommission the plants, as established by the Nuclear Regulatory Commission; and (2) to provide ratemaking bodies, including the Federal Energy Regulatory Commission, with sufficient authority to provide for recovery of funds for decommissioning. SEC. 3. DEFINITIONS. In this Act: (1) Decommission.--The term ``decommission'' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). (2) Decommissioning obligation.--The term ``decommissioning obligation'' means the obligation to pay costs associated with the measures necessary to ensure the continued protection of the public from the dangers of any residual radioactivity or other hazards present at a facility when a nuclear unit is decommissioned. (3) Nuclear decommissioning trust fund.--The term ``nuclear decommissioning trust fund'' has the meaning given the term ``external sinking fund'' in section 50.75(e)(1)(ii) of title 10, Code of Federal Regulations (or any successor regulation). (4) State commission.--The term ``State commission'' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). SEC. 4. NUCLEAR DECOMMISSIONING ASSURANCE DETERMINATION BY THE NUCLEAR REGULATORY COMMISSION. (a) Petition.-- (1) In general.--A licensee under part 50 of title 10, Code of Federal Regulations may petition the Nuclear Regulatory Commission for a determination of whether-- (A) adequate amounts have been deposited or are being deposited in the nuclear decommissioning trust fund of the licensee; and (B) the future funding for any nuclear power plant owned in whole or in part by the licensee is assured. (2) Contents.--A petition under paragraph (1) shall disclose-- (A) the licensee's current minimum amount established by the Nuclear Regulatory Commission under section 50.75 of title 10, Code of Federal Regulations for each facility for which the licensee holds a license; (B) the currently effective rates to recover costs for decommissioning obligations as established by the Commission or State commissions, as appropriate; (C) the amount that has been deposited in the nuclear decommissioning trust fund; (D) the planned rate and timing of collection of the costs of the decommissioning obligation through the projected useful life of the facility; and (E) any other information pertinent to the continuing assurance of funding of the nuclear decommissioning trust fund. (b) Determination.--Not later than 180 days of receipt of a petition under paragraph (1), the Nuclear Regulatory Commission shall issue a determination regarding whether the nuclear decommissioning trust fund and the currently approved level of rates to recover the costs of the decommissioning obligation are adequate to ensure full and safe decommissioning of the facility. (c) Considerations.--In making a determination under subsection (b), the Nuclear Regulatory Commission shall consider.-- (1) the current level of funds in the nuclear decommissioning trust fund; (2) the adequacy of the currently approved rates to recover the costs of the decommissioning obligation; (3) the assurance of continuing recovery of such costs through rates; (4) the timing of the recovery of such costs relative to the projected useful life of the plant; and (5) any other information that the Nuclear Regulatory Commission considers pertinent to a determination of the necessary assurance of adequate funding. (d) Adequacy of Minimum Amounts.--Nothing in this Act precludes the Nuclear Regulatory Commission from revising or reconsidering the adequacy of the minimum amounts established under section 50.75(c) of title 10, Code of Federal Regulations. (e) Notice.--The Nuclear Regulatory Commission shall issue notice of its finding to the licensee, the Federal Energy Regulatory Commission, and any other party of record. SEC. 5. AMENDMENT OF THE FEDERAL POWER ACT. (a) Declaration.--Section 201 of the Federal Power Act is amended by adding at the end the following: ``(h) Declaration Regarding Decommissioning.--The decommissioning of nuclear power plants licensed by the Commission is affected with a public interest, and the Federal regulation of matters relating to decommissioning of nuclear power plants, to the extent provided in this part, is necessary in the public interest.''. (b) Nuclear Decommissioning Assurance.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. NUCLEAR DECOMMISSIONING ASSURANCE. ``(a) Cost Recovery in Wholesale Rates.-- ``(1) In general.--To the extent that the costs of a decommissioning obligation are recovered in wholesale rates, an electric utility that owns a nuclear power facility in whole or in part may apply to the Commission for an order approving rates and charges in connection with the wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure that there will be adequate funding to satisfy the decommissioning obligation of the electric utility in establishing rates and charges. ``(2) Nuclear decommissioning assurance determination.--In a proceeding under this section, any nuclear decommissioning assurance determination made in a proceeding under section 4 of the Nuclear Decommissioning Assurance Act of 1999 shall be conclusive. ``(3) Denial of request.--If the Commission, by order or by failure to act with 180 days of the filing of a petition, denies in whole or in part an application under paragraph (1) or otherwise fails to allow collection of costs in rates necessary to ensure adequate funding under section 4 of the Nuclear Decommissioning Assurance Act of 1999, the electric utility may seek review of the action under section 313(b). ``(b) Cost Recovery in Retail Rates.--To the extent that the costs of the decommissioning obligation are recovered in retail rates, in a proceeding before a State commission initiated by an electric utility that owns a nuclear power plant in whole or in part for an order approving rates and charges in connection with the distribution of electricity, any nuclear decommissioning assurance determination made by the Commission under section 4 of the Nuclear Decommissioning Assurance Act of 1999 shall be given due consideration, so as to ensure collection of revenues necessary to ensure adequate funding of the nuclear-owning utility's nuclear decommissioning obligations. ``(c) Rates, Terms, and Conditions.-- ``(1) In general.--The Commission and the State commissions shall establish rates, terms, and conditions in response to an application under subsection (a) or (b) not later than 180 days after the date of submission of the application. ``(2) Failure to act.--For purposes of section 313(b), failure of the Commission to comply with paragraph (1) shall be considered a denial and shall be appealable as a final agency action. ``(d) Denial of Request by State Commission.--Notwithstanding any other provision of law, if a State commission, by order or by failure to act within 180 days of the filing of a petition, denies in whole or in part the request under subsection (b) or otherwise fails to allow collection of costs in rates necessary to ensure adequate funding under section 4(b) of the Nuclear Decommissioning Assurance Act of 1999, the electric utility may apply to the United States district court for an order requiring the State commission to establish rates, terms, and conditions necessary to ensure adequate funding under section 4(b) of the Nuclear Decommissioning Assurance Act of 1999.''.

Sets a time frame by which the NRC must issue a determination whether the nuclear decommissioning trust fund and the currently approved decommissioning recovery cost rates are adequate to ensure full and safe facility decommissioning. Details mandatory NRC considerations. Amends the Federal Power Act to permit an electric utility that owns a nuclear power facility in whole or in part to petition the Federal Energy Regulatory Commission (FERC), for an order approving rates and charges in connection with wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure adequate funding to satisfy its decommissioning obligations. Provides that in such petition proceeding any nuclear decommissioning assurance determination made under this Act shall be conclusive. Permits a utility whose request has been denied to seek judicial review.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Improvement Act of 1993''. SEC. 2. BUSINESS ACTIVITY TARGETS. Notwithstanding any other provision of law, in administering the small business and capital ownership development program established by section 7(j)(10) of the Small Business Act, the Administrator of the Small Business Administration shall consider any contract awarded to a program participant before the date of the enactment of this Act under section 8(a)(1)(D) of such Act to be a contract awarded other than pursuant to section 8(a) of such Act for purposes of attainment of business activity targets under regulations issued pursuant to section 7(j)(10)(I)(iii) of such Act. SEC. 3. PROCUREMENT PROCEDURES. Section 8 of the Small Business Act (15 U.S.C. 637) is amended by inserting after subsection (b) the following new subsection: ``(c)(1) To facilitate the attainment of a participating agency's goal regarding the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals pursuant to section 15(g)(1), the head of a participating agency may enter into contracts using-- ``(A) less than full and open competition by restricting the competition for such awards to such small business concerns; or ``(B) a price evaluation preference of not more than 10 percent when evaluating an offer received from such a small business concern as the result of an unrestricted solicitation. ``(2) For purposes of this subsection, the term `participating agency' means any Federal agency, as defined in section 3(b), other than the Department of Defense. ``(3) The authority provided for in paragraph (1) shall remain in effect until September 30, 2000.''. SEC. 4. ELIGIBILITY OF PAST DEVELOPMENT PROGRAM PARTICIPANTS FOR SECTION 8(a) CONTRACT AWARDS. Section (8)(a)(1)(C) of the Small Business Act (15 U.S.C. 637(a)(1)(C)) is amended to read as follows: ``(C) to make an award to a small business concern owned and controlled by socially and economically disadvantaged individuals which has completed its period of Program Participation as prescribed by section 7(j)(15) if-- ``(i) in the case of a competitive award, the prospective contract awardee was a Program Participant eligible for award of the contract on the date specified for receipt of offers contained in the contract solicitation; and ``(ii) in the case of a sole source award, the prospective contract awardee was a Program Participant eligible for award of the contract on the date that the prospective awardee submitted certifications and representations for the contract to the contracting agency.''. SEC. 5. ELIMINATING COMPETITIVE CONTRACTS UNDER SECTION 8(a). Section 8(a)(1) of the Small Business Act (15 U.S.C. 637(a)(1)) is amended-- (1) in subparagraph (B), by striking the semicolon and inserting ``; and''; and (2) by striking subparagraph (D). SEC. 6. CONTINUED ACCESS TO BUSINESS OPPORTUNITIES. Section 8(a)(3) of the Small Business Act (15 U.S.C. 637(a)(3)) is amended by adding at the end the following: ``(E)(i) A contract to furnish products or services to a participating agency shall be competed pursuant to clause (ii) if-- ``(I) there is a reasonable expectation of receiving offers from 2 or more eligible small business concerns owned and controlled by socially and economically disadvantaged individuals which are capable of performing the contract; ``(II) a contract to furnish the same (or substantially similar) products or services is being performed under a contract awarded pursuant to this subsection; and ``(III) the contractor currently performing the contract referred to in subclause (II) will have graduated from the small business and capital ownership development program authorized by section 7(j)(10) prior to the date of issuance of the solicitation for such contract. ``(ii) The head of a participating agency shall restrict the competition for the award of a contract described in clause (i) to small business concerns owned and controlled by socially and economically disadvantaged individuals upon the request of the small business concern described in clause (i)(III). ``(iii) A small business concern described in clause (i)(III) shall be eligible for award of a contract resulting from a restricted competition described in clause (ii) if such small business concern has entered into (and the contracting officer accepts) an agreement to subcontract not less than 20 percent and not more than 50 percent of the award value of the contract to 1 or more small business concerns in the developmental stage of the minority small business and capital ownership development program, as described in section 7(j)(15)(A). ``(iv) The head of a participating agency awarding a contract pursuant to clause (ii) shall ensure that, following completion of a contract awarded pursuant to clause (ii), any follow-on contract for the same (or substantially similar) products or services will be furnished pursuant to a contract awarded under the authority of this subsection. ``(v) For the purposes of this section, the term `participating agency' means any Federal agency, as defined in section 3(b) of this Act. ``(vi) For the purposes of this section, the term `small business' means a business concern with not more than 1500 employees.''. SEC. 7. STUDY OF DEVELOPMENT PROGRAM PARTICIPATION TERMS BY INDUSTRY SECTOR; SUSPENSION OF DEVELOPMENT PROGRAM GRADUATIONS. (a) Study.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following: ``(i) The Administration shall authorize a short-term study to determine the appropriate program participation term by industry sector for small business concerns participating in the program authorized by section 7(j)(10) and transmit the results of such study to the President of the Senate, the Speaker of the House of Representatives, and the Committees on Small Business of the Senate and the House of Representatives not later than 1 year after the date of the enactment of this subsection.''. (b) Suspension of Development Program Graduations.--Section 7(j)(10)(C) of such Act (15 U.S.C. 636(j)(10)(C)) is amended-- (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following new clause: ``(ii) A small business concern participating in any program or activity conducted under the authority of this paragraph or eligible for the award of contracts pursuant to section 8(a) on October 1, 1992, shall be permitted continued participation and eligibility in such program or activity until the latter of-- ``(I) 365 days after the date on which final regulations are issued to implement a law establishing appropriate terms for participation in the Program by industry sector based on the study conducted pursuant to section 10(i); or ``(II) the date on which such participation and eligibility would otherwise expire pursuant to the requirements of this subsection.''. SEC. 8. COMPLIANCE WITH BUY INDIAN ACT. Notwithstanding any other provision of law, if a Federal agency contracts with the Small Business Administration under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) for the acquisition of goods or services to be supplied by a small business concern owned and controlled by members of an economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe) such acquisition shall be considered to be in compliance with section 23 of the Act of June 25, 1910 (36 Stat. 861; 25 U.S.C. 47; popularly known as the ``Buy Indian Act''). SEC. 9. UNIFORM PROCEDURES FOR CONTESTING STATUS OF CONCERNS. Section 16 of the Small Business Act (15 U.S.C. 645) is amended by adding at the end the following new subsection: ``(g) Not later than 120 days after the date of the enactment of this subsection, the Administrator, in cooperation with participating agencies, shall establish uniform procedures for contesting the status of a concern as a `small business concern owned and controlled by socially and economically disadvantaged individuals'.''.

Business Improvement Act of 1993 - Amends the Small Business Act to authorize the head of any participating Federal agency (other than the Department of Defense), in order to facilitate the attainment of such agency's goal regarding the participation in procurement contracts of small businesses owned and controlled by socially and economically disadvantaged individuals, to enter into contracts using: (1) less than full and open competition; or (2) a price evaluation preference of up to ten percent for offers received from such qualifying small businesses. Terminates such authority at the end of FY 2000. Revises the authority of the Administrator of the Small Business Administration (SBA) to continue to award Capital Ownership Development Program (Program) contracts to past Program participants. Eliminates the requirement restricting competition for such contracts to eligible Program participants. Restricts the competition for the award of a contract to furnish products or services to a participating agency to small businesses owned and controlled by socially and economically disadvantaged individuals if there exists a reasonable expectation of receiving offers from two or more of such small businesses. Requires such small business in turn to subcontract a specified percentage of such contract to small businesses in the development stage of the minority small business and capital development program. Directs the SBA Administrator to authorize a short-term study for determining the appropriate program participation term by industry sector for qualifying small businesses and to submit study results to specified congressional officers and committees. Suspends temporarily the termination of eligibility for qualified small businesses for participation in the Program until one year after the completion of such study. Requires compliance with the Buy Indian Act for Federal agencies contracting with the SBA for the acquisition of goods or services supplied by Indian tribes. Directs the Administrator to establish uniform procedures for contesting the status of a small business concern owned and controlled by socially and economically disadvantaged individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1997''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Taxpayers' Cancer Research Funding Act of 1997 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Gaming Regulatory Improvement Act of 2001''. SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT. The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended-- (1) in section 4(7) (25 U.S.C. 2703(7)), by adding at the end the following: ``(G) Notwithstanding any other provision of law, sections 1 through 7 of the Act of January 2, 1951 (commonly known as the Gambling Devices Transportation Act (15 U.S.C. 1171-1177)) shall not apply to any gaming described in subparagraph (A)(i) (class II gaming) where electronic, computer, or other technologic aids are used in connection with any such gaming.''; (2) in section 7 (25 U.S.C. 2706)-- (A) in subsection (c)-- (i) in paragraph (3), by striking ``and'' at the end thereof; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3), the following: ``(4) the strategic plan for Commission activities.''; and (B) by adding at the end the following: ``(d) Strategic Plan.-- ``(1) In general.--The strategic plan required under subsection (c)(4) shall include-- ``(A) a comprehensive mission statement covering the major functions and operations of the Commission; ``(B) the general goals and objectives, including outcome-related goals and objectives, for the major functions and operations of the Commission; ``(C) a description of how the general goals and objectives are to be achieved, including a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to meet those goals and objectives; ``(D) a performance plan that shall be related to the general goals and objectives of the strategic plan; ``(E) an identification of the key factors external to the Commission and beyond its control that could significantly affect the achievement of the general goals and objectives; and ``(F) a description of the program evaluations used in establishing or revising the general goals and objectives, with a schedule for future program evaluations. ``(2) Term of plan.--The strategic plan shall cover a period of not less than 5 fiscal years beginning with the fiscal year in which the plan is submitted. The strategic plan shall be updated and revised at least every 4 years. ``(3) Performance plan.--The performance plan under paragraph (1)(D) shall be consistent with the strategic plan. In developing the performance plan, the Commission should be consistent with the requirements of section 1115 of title 31, United States Code (the Government Performance and Results Act). ``(4) Consultation.--In developing the strategic plan, the Commission shall consult with the Congress and tribal governments, and shall solicit and consider the views and suggestions of those entities that may be potentially affected by or interested in such a plan.''; (3) in section 11(b)(2)(F)(i) (25 U.S.C. 2710(b)(2)(F)(i)), by striking ``primary management'' and all that follows through ``such officials'' and inserting ``tribal gaming commissioners, key tribal gaming commission employees, and primary management officials and key employees of the gaming enterprise and that oversight of primary management officials and key employees''; (4) in section 18(a) (25 U.S.C. 2717(a))-- (A) in paragraph (1), by striking ``by each'' and all that follows through the period and inserting ``pursuant to section 22(a)''; (B) by striking paragraphs (2) and (3); and (C) by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively; (5) by redesignating section 22 (25 U.S.C. 2721) as section 25; and (6) by inserting after section 21 (25 U.S.C. 2720) the following: ``SEC. 22. FEE ASSESSMENTS. ``(a) Establishment of Schedule of Fees.-- ``(1) In general.--Except as provided in this section, the Commission shall establish a schedule of fees to be paid annually to the Commission by each gaming operation that conducts a class II or class III gaming activity that is regulated by this Act. ``(2) Rates.--The rate of fees under the schedule established under paragraph (1) that are imposed on the gross revenues from each activity described in such paragraph shall be as follows: ``(A) A fee of not more than 2.5 percent shall be imposed on the first $1,500,000 of such gross revenues. ``(B) A fee of not more than 5 percent shall be imposed on amounts in excess of the first $1,500,000 of such gross revenues. ``(3) Total amount.--The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed $8,000,000. ``(b) Commission Authorization.-- ``(1) In general.--By a vote of not less than 2 members of the Commission the Commission shall adopt the schedule of fees provided for under this section. Such fees shall be payable to the Commission on a quarterly basis. ``(2) Fees assessed for services.--The aggregate amount of fees assessed under this section shall be reasonably related to the costs of services provided by the Commission to Indian tribes under this Act (including the cost of issuing regulations necessary to carry out this Act). In assessing and collecting fees under this section, the Commission shall take into account the duties of, and services provided by, the Commission under this Act. ``(3) Rulemaking.--The Commission shall promulgate regulations as may be necessary to carry out this subsection. ``(4) Consultation.--In establishing a schedule of fees under this section, the Commission shall consult with Indian tribes. ``(c) Fee Reduction Program.-- ``(1) In general.--In making a determination of the amount of fees to be assessed for any class II or class III gaming activity under the schedule of fees under this section, the Commission may provide for a reduction in the amount of fees that otherwise would be collected on the basis of the following factors: ``(A) The extent of the regulation of the gaming activity involved by a State or Indian tribe (or both). ``(B) The extent of self-regulating activities, as defined by this Act, conducted by the Indian tribe. ``(C) Other factors determined by the Commission, including ``(i) the unique nature of tribal gaming as compared to commercial gaming, other governmental gaming, and charitable gaming; ``(ii) the broad variations in the nature, scale, and size of tribal gaming activity; ``(iii) the inherent sovereign rights of Indian tribes with respect to regulating the affairs of Indian tribes; ``(iv) the findings and purposes under sections 2 and 3; ``(v) the amount of interest or investment income derived from the Indian gaming regulation accounts; and ``(vi) any other matter that is consistent with the purposes under section 3. ``(2) Rulemaking.--The Commission shall promulgate regulations as may be necessary to carry out this subsection. ``(3) Consultation.--In establishing any fee reduction program under this subsection, the Commission shall consult with Indian tribes. ``(d) Indian Gaming Regulation Accounts.-- ``(1) In general.--All fees and civil forfeitures collected by the Commission pursuant to this Act shall be maintained in separate, segregated accounts, and shall only be expended for purposes set forth in this Act. ``(2) Investments.--It shall be the duty of the Commission to invest such portion of the accounts maintained under paragraph (1) as are not, in the judgment of the Commission, required to meet immediate expenses. The Commission shall invest the amounts deposited under this Act only in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(3) Sale of obligations.--Any obligation acquired by the accounts maintained under paragraph (1), except special obligations issued exclusively to such accounts, may be sold by the Commission at the market price, and such special obligations may be redeemed at par plus accrued interest. ``(4) Credits to the indian gaming regulatory accounts.-- The interest on, and proceeds from, the sale or redemption of any obligations held in the accounts maintained under paragraph (1) shall be credited to and form a part of such accounts. ``SEC. 23. MINIMUM STANDARDS. ``(a) Class I Gaming.--Notwithstanding any other provision of law, class I gaming on Indian lands shall be within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this Act. ``(b) Class II Gaming.--Effective on the date of enactment of this section, an Indian tribe shall retain primary jurisdiction to regulate class II gaming activities which, at a minimum, shall be conducted in conformity with section 11 and regulations promulgated pursuant to subsection (d). ``(c) Class III Gaming.--Effective on the date of enactment of this section, an Indian tribe shall retain primary jurisdiction to regulate class III gaming activities authorized under this Act. Any class III gaming operated by an Indian tribe pursuant to this Act shall be conducted in conformity with section 11 and regulations promulgated pursuant to subsection (d). ``(d) Rulemaking.-- ``(1) In general.-- ``(A) Promulgation.--Not later than 180 days after the date of enactment of the Indian Gaming Regulatory Improvement Act of 2001, the Commission shall develop procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate regulations relating to-- ``(i) the monitoring and regulation of tribal gaming; ``(ii) the establishment and regulation of internal control systems; and ``(iii) the conduct of background investigation. ``(B) Publication of proposed regulations.--Not later than 1 year after the date of enactment of the Indian Gaming Regulatory Improvement Act of 2001, the Commission shall publish in the Federal Register proposed regulations developed by a negotiated rulemaking committee pursuant to this section. ``(2) Committee.--A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this subsection shall be composed only of Federal and Indian tribal government representatives, a majority of whom shall be nominated by and be representative of Indian tribes that conduct gaming pursuant to this Act. ``(e) Existing Regulations.--Regulations that establish minimum internal control standards that are promulgated by the Commission and in effect on the date of enactment of this section shall, effective on the date that is 1 year after such date of enactment, have no force or effect. ``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL FINES. ``(a) In General.--Amounts collected by the Commission pursuant to section 14 shall be deposited in a separate Indian gaming regulation account as established under section 22(d). Funds in such accounts shall be available to the Commission, as provided for in advance in appropriations Acts, for carrying out this Act. ``(b) Use of Funds.--The Commission may provide grants and technical assistance to Indian tribes from any funds secured by the Commission pursuant to section 14, which funds shall be made available only for the following purposes: ``(1) To provide technical training and other assistance to Indian tribes to strengthen the regulatory integrity of Indian gaming. ``(2) To provide assistance to Indian tribes to assess the feasibility of non-gaming economic development activities on Indian lands. ``(3) To provide assistance to Indian tribes to devise and implement programs and treatment services for individuals diagnosed as problem gamblers. ``(4) To provide other forms of assistance to Indian tribes not inconsistent with the Indian Gaming Regulatory Act. ``(c) Source of Funds.--Amounts used to carry out subsection (b) may only be drawn from funds-- ``(1) collected by the Commission pursuant to section 14; and ``(2) the use of which has been authorized in advance by an appropriations Act. ``(d) Consultation.--In carrying out this section, the Commission shall consult with Indian tribes and any other appropriate tribal or Federal officials. ``(e) Regulations.--The Commission may promulgate such regulations as may be necessary to carry out this section.''.

Indian Gaming Regulatory Improvement Act of 2001 - Amends the Indian Gaming Regulatory Act to make the Gambling Devices Transportation Act inapplicable to class II gaming where electronic, computer, or other technologic aids are used in connection with such gaming. Provides for a strategic plan for National Indian Gaming Commission activities, including a performance plan.Directs the Commission to establish a schedule of fees to be paid annually by each gaming operation that conducts a class II or III Indian gaming activity.Requires all fees and civil forfeitures collected by the Commission pursuant to such Act to be maintained in separate accounts and expended only for the purposes set forth in the Act.Places class I gaming on Indian lands within the exclusive jurisdiction of the Indian tribes. Requires an Indian tribe to retain the primary jurisdiction to regulate class II gaming activities that, at a minimum, shall be conducted in conformity with Federal standards and regulations promulgated by the Commission relating to the: (1) monitoring and regulation of tribal gaming; (2) establishment and regulation of internal control systems; and (3) conduct of background investigation. Requires an Indian tribe to retain primary jurisdiction to regulate class III gaming activities and requires that any such gaming be conducted in conformity with Federal standards and such regulations.Provides that existing regulations that established minimum internal control standards shall have no force or effect one year after the enactment of this Act.Authorizes the Commission, using funds collected from civil fines, to provide grants and technical assistance to Indian tribes for training and assistance related to Indian gaming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000''. TITLE I--AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000. (a) Commission.--There are authorized to be appropriated to the Nuclear Regulatory Commission, in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), $465,400,000 for fiscal year 2000 to remain available until expended, of which $19,150,000 is authorized to be appropriated from the Nuclear Waste Fund. (b) Office of Inspector General.--There are authorized to be appropriated to the Nuclear Regulatory Commission's Office of Inspector General, in accordance with the provisions of section 1105(a)(25) of title 31, United States Code, $6,000,000 for fiscal year 2000 to remain available until expended. SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED. (a) In General.--The amounts authorized to be appropriated under section 101(a) for fiscal year 2000 shall be allocated as follows: (1) Nuclear reactor safety.--$210,043,000 for the Nuclear Reactor Safety Program. (2) Nuclear materials safety.--$63,881,000 for the Nuclear Materials Safety Program. (3) Nuclear waste safety.--$42,143,000 for the Nuclear Waste Safety Program. (4) International nuclear safety support program.-- $4,840,000 may be used for the International Nuclear Safety Support Program. (5) Management and support program.--$144,493,000 for the Management and Support Program. (b) Limitations.--The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under subsection (a) to exercise its authority under section 31 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Grants made by the Commission shall be made in accordance with chapter 63 of title 31, United States Code, and other applicable law. (c) Reallocation.-- (1) In general.--Except as provided in paragraphs (2) and (3), any amount allocated for a fiscal year pursuant to any paragraph of subsection (a) for purposes of the program referred to in the paragraph may be reallocated by the Nuclear Regulatory Commission for use in a program referred to in any other paragraph of subsection (a). (2) Limitation.--The amount available from appropriations for use in any program specified in any paragraph of subsection (a) may not, as a result of reallocations made under paragraph (1), be increased or reduced by more than $1,000,000 in a quarter, unless the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate are notified in advance by the Commission. The notification shall contain a full and complete statement of the reallocation to be made and the facts and circumstances relied upon in support of the reallocation. (3) Use of certain funds.--Funds authorized to be appropriated from the Nuclear Waste Fund may be used only for the high-level nuclear waste activities of the Commission and may not be reallocated for other Commission activities. SEC. 103. LIMITATION. Notwithstanding any other provision of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 104. NRC USER FEES AND ANNUAL CHARGES. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1999'' and inserting ``September 30, 2004''. SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES. Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201w.) is amended-- (1) by striking ``, or which operates any facility regulated or certified under section 1701 or 1702,''; (2) by striking ``483 a.'' and inserting ``9701''; and (3) by inserting immediately before the period the following: ``, and commencing October 1, 2000, prescribe and collect from any other Government agency any fee, charge, or price which it may require in accordance with such section 9701 or any other law''. TITLE II--OTHER PROVISIONS SEC. 201. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended to read as follows: ``k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize-- ``(1) such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities as it deems necessary in the interests of the common defense and security; and ``(2) such of those employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of property of (A) facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission, or (B) property of significance to the common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities; to carry firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission, laws applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission pursuant to this subsection and property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission, or any provision of this chapter that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection;''. SEC. 202. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by adding after ``custody of the Commission'' the following: ``or subject to its licensing authority or to certification by the Commission under this Act or any other Act''. SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows: ``a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-- ``(1) any production facility or utilization facility licensed under this Act, ``(2) any nuclear waste storage, treatment, or disposal facility licensed under this Act, ``(3) any nuclear fuel for a utilization facility licensed under this Act or any spent nuclear fuel from such a facility, ``(4) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission, ``(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.''. SEC. 204. PERIOD OF A COMBINED LICENSE. Subsection c. of section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended by adding at the end the following: ``In the case of a combined construction and operating license issued under section 185 b., the initial duration of the license may not exceed 40 years from the date on which the Commission finds, prior to operation of the facility, that the acceptance criteria required by such section have been met.''. SEC. 205. OFFICE LOCATION. Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ``; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia''. SEC. 206. COMMISSION MEETINGS. (a) Conduct of Meetings.--Except as provided in subsection (b), the Nuclear Regulatory Commission shall hold any meeting in accordance with the regulations set forth in sections 9.100 through 9.109 of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985. (b) Transcript Requirement.--The Commission shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of any closed meeting. (c) Definitions.--For the purposes of this section-- (1) Meeting.--The term ``meeting'' has the meaning given such term in section 9.101(c) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985, and shall be construed to include preliminary discussions, and staff briefings, of a quorum of the members of the Commission involving official Commission business. (2) Closed meeting.--The term ``closed meeting'' has the meaning given such term in section 9.101(d) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985.

TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 2000 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) the International Nuclear Safety Support Program; and (5) Management and Support. Prohibits the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2004 NRC authority to assess and collect user fees and annual charges. (Sec. 105) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees). Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to prescribe guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 202) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 203) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 204) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 205) Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec.206) Directs NRC to: (1) hold open meetings in accordance with the Government in the Sunshine Act; and (2) maintain a complete transcript or electronic recording adequate to record fully any closed meeting proceedings.

SECTION 1. FINDINGS. The Congress finds the following: (1) The United States experienced an extreme shortage of nurses and medical personnel during World War II, and this shortage was filled in part by the 180,000 women of the United States Cadet Nurse Corps. (2) The United States Cadet Nurse Corps was under the jurisdiction of the Public Health Service, a branch of the uniformed services of the United States. (3) The United States Cadet Nurse Corps was established pursuant to the Act of June 15, 1943 (Chapter 126; 57 Stat. 153), commonly known as the Bolton Act in honor of Congresswoman Frances Payne Bolton who introduced the legislation. (4) Few opportunities were available to women, and the United States Cadet Nurse Corps allowed many young women to serve our country the best way they could and fill the domestic nursing shortage in our country. (5) The members of the United States Cadet Nurse Corps were required to undergo training that involved 12-hour days in hospitals followed by classes, with specific standards for admission into the Corps. (6) The members of the United States Cadet Nurse Corps made a pledge upon entrance into their post to be available for military, governmental, or essential civilian services for the duration of World War II. (7) The members of the United States Cadet Nurse Corps wore uniforms with patches certified by the Secretary of the Army and served under the authority of commissioned officers. (8) Members of the United States Cadet Nurse Corps were charged with caring for sick and wounded members of the Armed Forces and performed other duties in promotion of the public interest in connection with military operations. (9) The United States Cadet Nurse Corps was responsible for saving civilian hospital nursing services by providing 80 percent of the nursing staff for civilian hospitals during World War II. (10) Some members of the United States Cadet Nurse Corps left their families and served all across the Nation in various hospitals, occasionally substituting for doctors. (11) The legacy of the Cadet Nurse Corps is manifold, as their service maintained a strong health care system during a severe health shortage, professionalized nursing school education and training, and stimulated interest in the nursing profession and created greater public recognition of nurses. (12) The United States Cadet Nurse Corps, despite their historic and patriotic contributions, remains unrecognized as a military organization and its members remain unrecognized as veterans of the United States Army. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the United States Cadet Nurse Corps, collectively, in recognition of their patriotism and civic activism in a time of emergency during World War II which saved civilian hospital nursing services and provided 80 percent of the nursing staff for civilian hospitals during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the United States Cadet Nurse Corps, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the Cadet Nurse Corps. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dyes, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the President ProTempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a congressional gold medal in honor of the United States Cadet Nurse Corps, collectively, in recognition of their patriotism and civic activism in a time of emergency during World War II which saved civilian hospital nursing services and provided 80% of the nursing staff for civilian hospitals during World War II. Directs that such medal be given to the Smithsonian Institution to be displayed as appropriate and made available for research. Expresses the sense of Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2002''. SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996. (a) Block Grants.--Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998 through 2007''. (b) Federal Guarantees.--Section 605 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is amended-- (1) in subsection (a), by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''; and (2) in subsection (b), by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''. (c) Training and Technical Assistance.--Section 703 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''. (d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is amended-- (1) in paragraph (5)(C), by striking ``each fiscal year'' and inserting ``each of fiscal years 1997 through 2007''; and (2) in paragraph (7), by striking ``each fiscal year'' and inserting ``each of fiscal years 1997 through 2007''. SEC. 3. DEFINITIONS. Section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the end the following: ``(22) Housing related community development.-- ``(A) In general.--The term `housing related community development' means any tribally-owned and operated facility, business, activity, or infrastructure that-- ``(i) is necessary to the direct construction of reservation housing; and ``(ii) would help an Indian tribe or its tribally- designated housing authority reduce the cost of construction of Indian housing or otherwise promote the findings of this Act. ``(B) Exclusion.--The term `housing and community development' does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.).''. SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS. Section 101(h) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111(h)) is amended-- (1) in the heading, by inserting ``and Planning'' after ``Administrative''; and (2) by inserting after the word ``Act'' the first place that term appears, the following: ``for comprehensive housing and community development planning activities and''. SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. Section 104 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4114) is amended-- (1) in subsection (a)(1)-- (A) by striking ``A recipient'' and inserting the following: ``Notwithstanding any other provision of this Act, a recipient''; and (B) by striking subparagraph (B) and inserting the following: ``(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this Act.''; and (2) in subsection (a)(2)-- (A) in the heading, by inserting ``Restricted Access or'' before the word ``Reduction''; (B) in subparagraph (B), by striking ``or'' at the end; (C) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(D) whether the recipient has expended retained program income for housing-related activities.''. SEC. 6. REGULATIONS. Section 106(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by inserting after ``required under this Act'' the following: ``, including any regulations that may be required pursuant to amendments made to this Act after the date of enactment of this Act,''. SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES. Section 601 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4191) is amended-- (1) in subsection (a), by inserting after ``section 202'' the following: ``and housing related community development activity as consistent with the purposes of this Act''; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING ASSISTANCE IN NATIVE COMMUNITIES. Section 202 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the end the following: ``(7) Community development demonstration project.-- ``(A) In general.--Consistent with principles of Indian self-determination and the findings of this Act, the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes, tribal organizations, or tribal consortia are authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to design, implement, and operate community development demonstration projects. ``(B) Study.--Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self- Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives. ``(8) Self-determination act demonstration project.-- ``(A) In general.--Consistent with the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and tribal organizations are authorized to receive assistance in a manner that maximizes tribal authority and decision-making in the design and implementation of Federal housing and related activity funding. ``(B) Study.--Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self- Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives.''. SEC. 9. BLACK MOLD INFESTATION STUDY. Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall-- (1) complete a study on the extent of black mold infestation of Native American housing in the United States; and (2) submit to Congress a report that describes recommendations of the Secretary for means by which to address the infestation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 - (Sec. 2) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to reauthorize through FY 2007: (1) block grants; (2) Federal loan guarantees (aggregate fiscal year limitation and credit subsidy); (3) training and technical assistance; and (4) the Indian Housing Loan Guarantee Fund.(Sec. 4) Includes planning among permitted block grant activities.(Sec. 5) Requires a recipient to use program income for housing related activities (currently, only for affordable housing activities).(Sec. 6) Subjects regulations pursuant to any amendments to such Act to negotiated rulemaking procedures.(Sec. 7) Extends Federal loan guarantees to encompass housing-related community development activity. Repeals the requirement that an Indian tribe or its housing entity seek alternative financing before using guaranteed loan funds.(Sec. 8) Directs the Secretary of Housing and Urban Development to study and report to Congress on the feasibility of demonstration projects for possible community development demonstration projects and for self-determination in the design and implementation of Federal housing funding.(Sec. 9) Requires the Secretary to study and report to Congress on the extent of black mold infestation of Native American housing in the United States.

to repeal sections 2, 3, and 6 of the Neutrality Act of 1939, and for other purposes (Public Law 77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act of 1939 (related to the arming of United States vessels) and authorized the President during the national emergency to arm or permit to arm any United States vessel. (4) On February 7, 1942, President Franklin D. Roosevelt, through Executive Order Number 9054, established the War Shipping Administration that was charged with building or purchasing, and operating the civilian shipping vessels needed for the war effort. (5) During World War II, United States merchant mariners transported goods and materials through ``contested waters'' to the various combat theaters. (6) At the conclusion of World War II, United States merchant mariners were responsible for transporting several million members of the United States Armed Forces back to the United States. (7) The GI Bill Improvement Act of 1977 (Public Law 95-202) provided that the Secretary of Defense could determine that service for the Armed Forces by organized groups of civilians, or contractors, be considered ``active service'' for benefits administered by the Veterans Administration. (8) Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel. (9) In 1987, three merchant mariners along with the AFL-CIO sued Edward C. Aldridge, Secretary of the Air Force, challenging the denial of their application for veterans status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the Court determined that Secretary Aldridge had failed to ``articulate clear and intelligible criteria for the administration'' of the application approval process. (10) During World War II, women were repeatedly denied issuance of official documentation affirming their merchant marine seamen status by the War Shipping Administration. (11) Coast Guard Information Sheet #77 (April 1992) identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in GI Bill Improvement Act of 1977 (Public Law 95-202) and Veterans Programs Enhancement Act of 1998 (Public Law 105-368): (A) Certificate of shipping and discharge forms. (B) Continuous discharge books (ship's deck or engine logbooks). (C) Company letters showing vessel names and dates of voyages. (12) Coast Guard Commandant Order of 20 March, 1944, relieved masters of tugs, towboats, and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms, meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility. (13) Coast Guard Information Sheet #77 (April 1992) states that ``deck logs were traditionally considered to be the property of the owners of the ships. After World War II, however, the deck and engine logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were destroyed during the 1970s'', meaning that continuous discharge books are not available to all eligible individuals seeking to document their eligibility. (14) Coast Guard Information Sheet #77 (April 1992) states ``some World War II period log books do not name ports visited during the voyage due to wartime security restrictions'', meaning that company letters showing vessel names and dates of voyages are not available to all eligible individuals seeking to document their eligibility. SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE SERVICE BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--For the purposes of verifying that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95- 202; 38 U.S.C. 106 note) as having performed active duty service for the purposes described in subsection (c)(1), the Secretary of Homeland Security shall accept the following: (1) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom no applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner's document or Z-card, or other official employment record is available, the Secretary shall provide such recognition on the basis of applicable Social Security Administration records submitted for or by the individual, together with validated testimony given by the individual or the primary next of kin of the individual that the individual performed such service during the period beginning on December 7, 1941, and ending on December 31, 1946. (2) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner's document or Z-card, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible for the control and maintenance of such form, logbook, or record, the Secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on December 7, 1941, and ending on December 31, 1946. (3) For the purpose of determining whether to recognize service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the United States who were authorized to document any individual for purposes of hiring the individual to perform service in the merchant marine or discharging an individual from such service. (b) Treatment of Other Documentation.--Other documentation accepted by the Secretary of Homeland Security pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service during the period beginning on December 7, 1941, and ending on December 31, 1946. (c) Benefits Allowed.-- (1) Burial benefits eligibility.--Service of an individual that is considered active duty pursuant to subsection (a) shall be considered as active duty service with respect to providing burial benefits under chapters 23 and 24 of title 38, United States Code, to the individual. (2) Medals, ribbons, and decorations.--An individual whose service is recognized as active duty pursuant to subsection (a) may be awarded an appropriate medal, ribbon, or other military decoration based on such service. (3) Status of veteran.--An individual whose service is recognized as active duty pursuant to subsection (a) shall be honored as a veteran but shall not be entitled by reason of such recognized service to any benefit that is not described in this subsection. (d) Determination of Coastwise Merchant Seaman.--The Secretary of Homeland Security shall verify that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman pursuant to this section without regard to the sex, age, or disability of the individual during the period in which the individual served as such a coastwise merchant seaman. (e) Definition of Primary Next of Kin.--In this section, the term ``primary next of kin'' with respect to an individual seeking recognition for service under this section means the closest living relative of the individual who was alive during the period of such service. (f) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act.

World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitampering Act of 1999''. SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT IDENTIFICATION CODES. (a) In General.--Title VIII of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'', approved July 5, 1946 (commonly referred to as the ``Lanham Act'' and the ``Trademark Act of 1946'') is amended by inserting after section 43 (15 U.S.C. 1125) the following: ``unauthorized modifications of product identification codes ``Sec. 43A. (a) Definitions.--In this section-- ``(1) the term `consumer'-- ``(A) means-- ``(i) the ultimate user or purchaser of a good; or ``(ii) any hotel, restaurant, or other provider of services that must remove or alter the container, label, or packaging of a good in order to make the good available to the ultimate user or purchaser; and ``(B) does not include any retailer or other distributor who acquires a good for resale; ``(2) the term `good' means any article, product, or commodity that is customarily produced or distributed for sale, rental, or licensing in interstate or foreign commerce, and any container, packaging, label, or component thereof, but does not include any article of clothing; ``(3) the term `manufacturer' includes the original manufacturer of a good and a duly appointed agent or representative of that manufacturer acting within the scope of its agency or representation; ``(4) the term `product identification code'-- ``(A) includes any number, letter, symbol, marking, date (including an expiration date), code, software, or other technology that is affixed to or embedded in any good, by which the manufacturer of the good may trace the good back to a particular production lot or batch or date of removal, or otherwise identify the date of manufacture, the date of expiration, or other comparable critical data; and ``(B) does not include copyright management information conveyed in connection with copies or phonorecords of a copyrighted work or any performance or display of a copyrighted work; ``(5) the term `Universal Product Code' refers to the multidigit bar code and number representing goods in retail applications; and ``(6) the term `value' means the face, par, or market value, whichever is the greatest. ``(b) Prohibited Acts.--Except as otherwise authorized by Federal law, it shall be unlawful for any person, other than the consumer or the manufacturer of a good, knowingly and without authorization of the manufacturer-- ``(1) to directly or indirectly alter, conceal, remove, obliterate, deface, strip, or peel any product identification code affixed to or embedded in that good; ``(2) to directly or indirectly affix or embed a product identification code to or in that good which is intended by the manufacturer for a different good, such that the code no longer accurately identifies the source of the good; ``(3) to directly or indirectly affix to or embed in that good any number, letter, symbol, marking, date, code, or other technology intended to simulate a product identification code; or ``(4) to import, reimport, export, sell, distribute, or broker that good, in a case in which the person knows that the product identification code has been altered, concealed, removed, obliterated, defaced, stripped, peeled, affixed, or embedded in violation of paragraph (1) or (2), or in a case in which the person knows that the good bears an unauthorized number, letter, symbol, marking, date, or other code in violation of paragraph (3). ``(c) Applicability.--The prohibitions set forth in subsection (b) shall apply to product identification codes (or simulated product identification codes in a case to which subsection (b)(3) applies) affixed to, or embedded in, any good held for sale or distribution in interstate or foreign commerce or after shipment therein. ``(d) Exclusion.-- ``(1) UPC codes.--Nothing in this section prohibits a retailer or distributor from affixing a Universal Product Code or other legitimate pricing or inventory code or information required by State or Federal Law if such code or information does not (or can be removed so as not to) permanently alter, conceal, remove, obliterate, deface, strip, or peel any product identification code. ``(2) Repackaging for resale.--(A) Nothing in this section prohibits a distributor from removing an article, product, or commodity of retail sale from a shipping container and placing such article, product, or commodity in another shipping container for purpose of resale in a quantity different from the quantity originally provided by the manufacturer or from replacing a damaged shipping container, if, except as provided in paragraph (1), such article, product, or commodity of retail sale retains its original product identification code, without any obstruction or alteration, and if-- ``(i) such distributor is registered with all applicable Federal and State agencies; ``(ii) such distributor repackages the article, product, or commodity in full compliance with all applicable State and Federal laws and regulations; and ``(iii) the act of repackaging does not result in a prohibited act under section 301 of the Federal Food, Drug, and Cosmetic Act or violate any other applicable State or Federal law or regulation. ``(B) As used in this paragraph, the term `shipping container' means-- ``(i) a container or wrapping used for the transportation of any article, product, or commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; and ``(ii) containers or wrappings used by retailers to ship or deliver any article, product, or commodity to retail customers, if such containers and wrappings bear no printed matter pertaining to any particular article, product, or commodity. ``(e) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 1365A of title 18. ``(f) Civil Remedies.-- ``(1) In general.--Any person who is injured by a violation of this section, or threatened with such injury, may bring a civil action in an appropriate United States district court against the alleged violator. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in the violation; and ``(C) as part of a final judgment or decree-- ``(i) order the destruction of any good involved in the violation that is in the custody or control of the violator or that has been impounded under subparagraph (B); or ``(ii) if the court determines that any good impounded under subparagraph (B) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law, and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good. ``(3) Damages.-- ``(A) In general.--Subject to subparagraph (B), in any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(B) Statutory damages.--In any action under paragraph (1), the plaintiff may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits described in subparagraph (A), an award of statutory damages for any violation under this section in an amount equal to-- ``(i) not less than $500 and not more than $100,000, with respect to each type of goods involved in the violation; and ``(ii) if the violation threatens the health and safety of the public, as determined by the court, not less than $5,000 and not more than $1,000,000, with respect to each type of goods involved in the violation. ``(4) Costs and attorney's fees.--In any action under paragraph (1)-- ``(A) in addition to any damages recovered under paragraph (3), a prevailing plaintiff may recover the full costs of the action; and ``(B) the court, in its discretion, may also award reasonable attorney fees to the prevailing party. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court, in an action brought under this subsection, may increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages as described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(6) Limitations on actions.--No civil action may be commenced under this section later than 3 years after the date on which the claimant discovers the violation. ``(7) Innocent violations.--In any action under paragraph (1), the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that the acts of the violator constituted a violation. ``(g) Enforcement.--The Attorney General shall enforce this section.''. (b) Conforming Amendment.--The heading for title VIII of the Act of July 5, 1946, is amended by striking ``AND DILUTION'' and inserting ``DILUTION, AND ADULTERATION OF PRODUCT CODES''. SEC. 3. CRIMINAL PENALTIES. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365A. Criminal tampering with product identification codes ``(a) Criminal Penalties.--Any person who willfully violates section 43A of the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946') shall-- ``(1) be fined under this title, imprisoned not more than 1 year, or both; ``(2) if the total retail value of the good or goods involved in the violation is greater than $5,000, be fined under this title, imprisoned not more than 5 years, or both; ``(3) if the person acts with reckless disregard for the risk that the health or safety of the public would be threatened and under circumstances manifesting extreme indifference to such risk, and the violation threatens the health or safety of the public, be fined under this title, imprisoned not more than 10 years, or both; ``(4) if the person acts with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk and-- ``(A) serious bodily injury to any individual results, be fined under this title, imprisoned not more than 20 years, or both; or ``(B) death of an individual results, be fined under this title, imprisoned for any term of years or for life, or both; and ``(5) with respect to any second or subsequent violation, be subject to twice the maximum term of imprisonment that would otherwise be imposed under this subsection, fined under this title, or both. ``(b) Injunctions and Impounding, Forfeiture, and Disposition of Goods.-- ``(1) Injunctions and impounding.--In any prosecution under this section, upon motion of the United States, the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(B) at any time during the proceedings, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the defendant and that the court has reasonable cause to believe was involved in the violation. ``(2) Forfeiture and disposition of goods.--Upon conviction of any person of a violation of this section, the court shall-- ``(A) order the forfeiture of any good involved in the violation that is in the custody or control of the defendant or that has been impounded under paragraph (1)(B); and ``(B) either-- ``(i) order the destruction of each good forfeited under subparagraph (A); or ``(ii) if the court determines that any good forfeited under subparagraph (A) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good.''. (b) Conforming Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1365 the following: ``1365A. Criminal tampering with product identification codes.''. SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS. Section 2320(f) of title 18, United States Code, is amended-- (1) by inserting ``criminal tampering with product identification codes under section 1365A,'' after ``involve''; and (2) in paragraph (4), by inserting ``1365A,'' after ``sections''.

Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Electronic Cigarette Advertising Act of 2014''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know-- (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in September 2013, which found that in one year, from 2011 to 2012, the percentage of middle and high school students who had ever used electronic cigarettes more than doubled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (b) Sense of Congress.--It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN. (a) Definitions.--In this section: (1) Child.--The term ``child'' means an individual who is under the age of 18 years. (2) Commerce.--The term ``commerce'' has the meaning given such term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (3) Electronic cigarette.--The term ``electronic cigarette'' means a battery-operated product designed to deliver nicotine, flavor, or other chemicals and that turns chemicals, such as nicotine, into an aerosol that is inhaled by the user. (b) Prohibition.--No person may advertise, promote, or market in commerce an electronic cigarette in a manner that the person knows or should know will have the effect of increasing the use of an electronic cigarette by a child. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.--The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b) by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Construction.--Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State Law.--This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.

Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18. Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on the Abolition of Modern-Day Slavery Act''. SEC. 2. MODERN-DAY SLAVERY. In this Act, the term ``modern-day slavery'' means the recruitment, harboring, transportation, receipt, procurement, or control of persons through the use of force, fraud, coercion, abduction, deception, abuse of power, or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of subjection to debt bondage, serfdom, involuntary servitude, forced labor, chattel, forced marriage, peonage, sexual exploitation, or trafficking. SEC. 3. FINDINGS. Congress makes the following findings: (1) The Declaration of Independence recognizes the inherent dignity and worth of all people and states that all people are created equal and are endowed by their Creator with certain unalienable rights, and the right to be free from slavery and involuntary servitude is among those unalienable rights. (2) Despite international laws outlawing modern-day slavery, modern-day slavery affects virtually every country in the world, and as many as 27,000,000 people are victims. Modern-day slavery is one of the fastest growing areas of international criminal activity and is an increasing concern to the United States Administration, Congress, and the international community; the Federal Bureau of Investigation estimated that modern-day slavery generates over $9,000,000,000 every year. (3) Traffickers use threats, intimidation manipulation, coercion, fraud, shame, and violence to force victims into modern-day slavery. Traffickers capitalize on areas of conflict and post-conflict, transitioning states, sudden political change, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, personal disaster, lack of economic opportunity, and natural disasters. (4) Modern-day slavery: contributes to the breakdown of societies due to the loss of family support networks; has a negative impact on the labor market in countries; brutalizes men, women, and children and exposes them to rape, torture, HIV/AIDS and other sexually transmitted diseases, violence, dangerous working conditions, poor nutrition, drug and alcohol addiction, severe psychological trauma from separation, coercion, sexual abuse, and depression; and strips human beings of dignity, respect, and hope for their future. (5) The United States has given priority to combating human trafficking through the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109- 164). (6) The State Department issued its sixth congressionally mandated Trafficking in Persons Report (TIP) in June, 2006, which categorizes countries into tiered groups according to the efforts they are making to combat trafficking. The countries that do not cooperate in the fight against trafficking (Tier 3 Countries) have been made subject to United States sanctions since 2003, under the President's direction. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a congressional Commission on the Abolition of Modern-Day Slavery (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the House of Representatives; and (D) 3 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be appointed from among individuals with demonstrated expertise and experience in combating modern-day slavery and trafficking of persons. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Cochairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a cochairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a cochairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either cochairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall-- (A) conduct a thorough and thoughtful study of all matters relating to modern-day slavery, including vulnerabilities of commonly affected populations, such as populations in areas of conflict and post conflict, transitioning states, states undergoing sudden political change, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, lack of opportunity, and national disasters; (B) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (C) review all relevant governmental programs in existence on the date of the beginning of the study, including the United States Agency for International Development, the Department of State, the Department of Defense, the Department of Labor, the Department of Health and Human Services, the Interagency Task Force to Monitor and Combat Trafficking, and the Human Smuggling and Trafficking Center; and (D) convene additional experts from relevant nongovernmental organizations as part of the Commission's thorough review. (2) Goals.--In making determinations under paragraph (1), the Commission shall seek to promote goals of-- (A) providing a comprehensive and fully integrated evaluation of best practices, to prevent modern-day slavery; (B) providing a comprehensive and fully integrated evaluation of the best practices to rescue and rehabilitate victims of modern-day slavery; (C) providing a comprehensive and fully integrated evaluation of the best practices for prosecution of traffickers and increasing accountability within countries; (D) providing a comprehensive and fully integrated evaluation of exportable models to prevent modern-day slavery, rescue and rehabilitate victims of modern-day slavery, prosecute offenders, and increase education and accountability about modern-day slavery, which could contribute governments, nongovernmental organizations, and institutions; (E) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to United States involvement; (F) connecting various organizations to facilitate integration of information regarding identifying, extracting, and rehabilitating victims; (G) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; (H) increasing education and awareness about modern-day slavery throughout the United States to decrease modern-day slavery within the United States and abroad; and (I) providing a comprehensive evaluation of best practices to educate high-risk populations. (b) Recommendations.--The Commission shall develop recommendations on how to best combat modern-day slavery, including an economic, social, and judicial evaluation. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit a report to the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate, which shall contain a detailed statement of the legislation and administrative actions as it considers appropriate. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) Information From Governmental Agencies.--The Commission may secure directly from any department or agency such information as the Commission considers necessary to carry out this Act. Upon request of either cochairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5313 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The cochairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The cochairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United Sates Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Federal Government employees may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The cochairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 5. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2007 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expensed.

Congressional Commission on the Abolition of Modern-day Slavery Act - Defines "modern-day slavery." Establishes a congressional Commission on the Abolition of Modern-day Slavery which shall: (1) study matters relating to modern-day slavery, including vulnerabilities of commonly affected populations; (2) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (3) review relevant governmental programs; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review. States that the Commission shall seek to promote goals of: (1) providing a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (2) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to U.S. involvement; (3) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; and (4) increasing education and awareness about modern-day slavery.

SECTION 1. RESTORATION OF MISSING PERSONS AUTHORITIES APPLICABLE TO DEPARTMENT OF DEFENSE AS IN EFFECT BEFORE ENACTMENT OF NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997. (a) Applicability to Department of Defense Civilian Employees and Contractor Employees.--(1) Section 1501 of title 10, United States Code, is amended-- (A) by striking out subsection (c) and inserting in lieu thereof the following: ``(c) Covered Persons.--Section 1502 of this title applies in the case of the following persons: ``(1) Any member of the armed forces on active duty who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. ``(2) Any civilian employee of the Department of Defense, and any employee of a contractor of the Department of Defense, who serves with or accompanies the armed forces in the field under orders who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for.''; and (B) by adding at the end the following new subsection: ``(f) Secretary Concerned.--In this chapter, the term `Secretary concerned' includes, in the case of a civilian employee of the Department of Defense or contractor of the Department of Defense, the Secretary of the military department or head of the element of the Department of Defense employing the employee or contracting with the contractor, as the case may be.''. (2) Section 1503(c) of such title is amended-- (A) in paragraph (1), by striking out ``one military officer'' and inserting in lieu thereof ``one individual described in paragraph (2)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) An individual referred to in paragraph (1) is the following: ``(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. ``(B) A civilian, in the case of an inquiry with respect to a civilian employee of the Department of Defense or of a contractor of the Department of Defense.''. (3) Section 1504(d) of such title is amended-- (A) in paragraph (1), by striking out ``who are'' and all that follows in that paragraph and inserting in lieu thereof ``as follows: ``(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above. ``(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of-- ``(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS-13 of the General Schedule under section 5332 of title 5; and ``(ii) such members of the armed forces as the Secretary considers advisable. ``(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)-- ``(i) the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and ``(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board's inquiry to the number of civilians who are subjects of the board's inquiry.''; and (B) in paragraph (4), by striking out ``section 1503(c)(3)'' and inserting in lieu thereof ``section 1503(c)(4)''. (4) Paragraph (1) of section 1513 of such title is amended to read as follows: ``(1) The term `missing person' means-- ``(A) a member of the armed forces on active duty who is in a missing status; or ``(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves with or accompanies the armed forces in the field under orders and who is in a missing status.''. (b) Report on Preliminary Assessment of Status.--(1) Section 1502 of such title is amended-- (A) in subsection (a)(2)-- (i) by striking out ``10 days'' and inserting in lieu thereof ``48 hours''; and (ii) by striking out ``Secretary concerned'' and inserting in lieu thereof ``theater component commander with jurisdiction over the missing person''; (B) in subsection (a), as amended by subparagraph (A)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting ``(1)'' after ``Commander.--''; and (iii) by adding at the end the following new paragraph: ``(2) However, if the commander determines that operational conditions resulting from hostile action or combat constitute an emergency that prevents timely reporting under paragraph (1)(B), the initial report should be made as soon as possible, but in no case later than ten days after the date on which the commander receives such information under paragraph (1).''; (C) by redesignating subsection (b) as subsection (c); (D) by inserting after subsection (a), as amended by subparagraphs (A) and (B), the following new subsection (b): ``(b) Transmission Through Theater Component Commander.--Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.''; and (E) in subsection (c), as redesignated by subparagraph (C), by adding at the end the following new sentence: ``The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.''. (2) Section 1503(a) of such title is amended by striking out ``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''. (3) Section 1504 of such title is amended by striking out ``section 1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu thereof ``section 1502(a)''. (4) Section 1513 of such title is amended by adding at the end the following new paragraph: ``(8) The term `theater component commander' means, with respect to any of the combatant commands, an officer of any of the armed forces who (A) is commander of all forces of that armed force assigned to that combatant command, and (B) is directly subordinate to the commander of the combatant command.''. (c) Frequency of Subsequent Reviews.--Subsection (b) of section 1505 of such title is amended to read as follows: ``(b) Frequency of Subsequent Reviews.--(1) In the case of a missing person who was last known to be alive or who was last suspected of being alive, the Secretary shall appoint a board to conduct an inquiry with respect to a person under this subsection-- ``(A) on or about three years after the date of the initial report of the disappearance of the person under section 1502(a) of this title; and ``(B) not later than every three years thereafter. ``(2) In addition to appointment of boards under paragraph (1), the Secretary shall appoint a board to conduct an inquiry with respect to a missing person under this subsection upon receipt of information that could result in a change of status of the missing person. When the Secretary appoints a board under this paragraph, the time for subsequent appointments of a board under paragraph (1)(B) shall be determined from the date of the receipt of such information. ``(3) The Secretary is not required to appoint a board under paragraph (1) with respect to the disappearance of any person-- ``(A) more than 30 years after the initial report of the disappearance of the missing person required by section 1502(a) of this title; or ``(B) if, before the end of such 30-year period, the missing person is accounted for.''. (d) Penalties for Wrongful Withholding of Information.--Section 1506 of such title is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Wrongful Withholding.--Except as provided in subsections (a) through (d), any person who knowingly and willfully withholds from the personnel file of a missing person any information relating to the disappearance or whereabouts and status of a missing person shall be fined as provided in title 18 or imprisoned not more than one year, or both.''. (e) Information To Accompany Recommendation of Status of Death.-- Section 1507(b) of such title is amended adding at the end the following new paragraphs: ``(3) A description of the location of the body, if recovered. ``(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person.''. (f) Scope of Preenactment Review.--(1) Section 1509 of such title is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection (c): ``(c) Special Rule for Persons Classified as `KIA/BNR'.--In the case of a person described in subsection (b) who was classified as `killed in action/body not recovered', the case of that person may be reviewed under this section only if the new information referred to in subsection (a) is compelling.''. (2)(A) The heading of such section is amended by inserting ``, special interest'' after ``Preenactment''. (B) The item relating to such section in the table of sections at the beginning of chapter 76 of such title is amended by inserting ``, special interest'' after ``Preenactment''. (g) Effective Date.--The amendments made by this section shall take effect immediately after the enactment of the National Defense Authorization Act for Fiscal Year 1997. Passed the House of Representatives September 27, 1996. Attest: ROBIN H. CARLE, Clerk.

Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.

SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES. (a) Definitions.--In this section: (1) Contractor.--The term ``contractor'' means the private business concern that enters into a food services contract with the Architect of the Capitol. (2) Covered individual.--The term ``covered individual'' means any individual who-- (A) is a Senate Restaurants employee who is an employee of the Architect of the Capitol on the date of enactment of this Act, including-- (i) a permanent, full-time or part-time employee; (ii) a temporary, full-time or part-time employee; and (iii) an employee in a position described under the second or third provisos under the subheading ``senate office buildings'' under the heading ``Capitol Buildings and Grounds'' under the heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch Appropriations Act, 1972 (2 U.S.C. 2048); (B) becomes an employee of the contractor under a food services contract on the transfer date; and (C) with respect to benefits under subsection (c)(2) or (3), files an election before the transfer date with the Office of Human Resources of the Architect of the Capitol to have 1 or more benefits continued in accordance with this section. (3) Food services contract.--The term ``food services contract'' means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern. (4) Transfer date.--The term ``transfer date'' means the date on which a contractor begins the performance of food services operations under a food services contract. (b) Election of Coverage.-- (1) In general.-- (A) Retirement coverage.--Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day. (B) Life and health insurance coverage.--If the individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date. (2) Notification to the office of personnel management.--The Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of Personnel Management of any election filed under paragraph (1). (c) Continuity of Benefits.-- (1) Pay.--The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, except for cause. (2) Retirement and life insurance benefits.-- (A) In general.--For purposes of chapters 83, 84, and 87 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) the rate of basic pay of the covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract. (B) Treatment as civil service retirement offset employees.--In the case of a covered individual who on the day before the transfer date is subject to subchapter III of chapter 83 of title 5, United States Code, but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986-- (i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, United States Code, be deemed to be-- (I) employment of an individual described under section 8402(b)(2) of title 5, United States Code; and (II) Federal service as defined under section 8349(c) of title 5, United States Code; and (ii) the basic pay described under subparagraph (A)(ii) for employment described under subparagraph (A)(i) shall be deemed to be Federal wages as defined under section 8334(k)(2)(C)(i) of title 5, United States Code. (3) Health insurance benefits.--For purposes of chapters 89, 89A, and 89B of title 5, United States Code, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (4) Leave.-- (A) Credit of leave.--Subject to section 6304 of title 5, United States Code, annual and sick leave balances of any covered individual shall be credited to the leave accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract may include provisions similar to regulations prescribed under section 6308 of title 5, United States Code, to implement this subparagraph. (B) Accrual rate.--During any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, that individual shall continue to accrue annual and sick leave at rates not less than the rates applicable to that individual on the day before the transfer date. (C) Technical and conforming amendment.--The second and third provisos under the subheading ``senate office buildings'' under the heading ``Capitol Buildings and Grounds'' under the heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch Appropriations Act, 1972 (2 U.S.C. 2048) are repealed. (5) Transit subsidy.--For purposes of any benefit under section 7905 of title 5, United States Code, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (6) Employee pay; government contributions; transit subsidy payments; and other benefits.-- (A) Payment by contractor.--A contractor, or any successor to the contractor, shall pay-- (i) the pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service; (ii) Government contributions for the benefits of a covered individual under paragraph (2) or (3); (iii) any transit subsidy for a covered individual under paragraph (5); and (iv) any payment for any other benefit for a covered individual in accordance with a food services contract. (B) Reimbursements and payments by architect of the capitol.--From appropriations made available to the Architect of the Capitol under the heading ``Senate Office Buildings'' under the heading ``ARCHITECT OF THE CAPITOL'', the Architect of the Capitol shall-- (i) reimburse a contractor, or any successor contractor, for that portion of any payment under subparagraph (A) which the Architect of the Capitol agreed to pay under a food services contract; and (ii) pay a contractor, or any successor contractor, for any administrative fee (or portion of an administrative fee) which the Architect of the Capitol agreed to pay under a food services contract. (7) Regulations.-- (A) Office of personnel management.-- (i) In general.--After consultation with the Architect of the Capitol, the Director of the Office of Personnel Management shall prescribe regulations to provide for the continuity of benefits under paragraphs (2) and (3). (ii) Contents.--Regulations under this subparagraph shall-- (I) include regulations relating to employee deductions and employee and employer contributions and deposits in the Civil Service Retirement and Disability Fund, the Employees' Life Insurance Fund, and the Employees Health Benefits Fund; and (II) provide for the Architect of the Capitol to perform employer administrative functions necessary to ensure administration of continued coverage of benefits under paragraphs (2) and (3), including receipt and transmission of the deductions, contributions, and deposits described under subclause (I), the collection and transmission of such information as necessary, and the performance of other administrative functions as may be required. (B) Thrift savings plan benefits.--After consultation with the Architect of the Capitol, the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474(a) of title 5, United States Code, shall prescribe regulations to provide for the continuity of benefits under paragraph (2) of this subsection relating to subchapter III of chapter 84 of that title. Regulations under this subparagraph shall include regulations relating to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund. (d) Covered Individuals Not Entitled to Severance Pay.-- (1) In general.--Except as provided under paragraph (2), a covered individual shall not be entitled to severance pay under section 5595 of title 5, United States Code, by reason of-- (A) separation from service with the Architect of the Capitol and becoming an employee of a contractor under a food services contract; or (B) termination of employment with a contractor, or successor to a contractor. (2) Separation during 90-day period.-- (A) In general.-- (i) Covered individuals.--Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5, United States Code, if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract. (ii) Exception.--Clause (i) shall not apply to a covered individual who is terminated for cause. (B) Treatment.--For purposes of section 5595 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual described under subparagraph (A) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under subparagraph (A) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (e) Voluntary Separation Incentive Payments.-- (1) Submission of plan.--Not later than 30 days after the date of enactment of this Act, the Architect of the Capitol shall submit a plan under section 210 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q) to the applicable committees as provided under that section. (2) Plan.-- (A) In general.--Notwithstanding section 210(e) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q(e)), the plan submitted under this subsection shall-- (i) offer a voluntary separation incentive payment to any employee described under subsection (a)(2)(A) of this section in accordance with section 210 of that Act; and (ii) offer such a payment to any such employee who becomes a covered individual, if that individual accepts the offer during the 90-day period following the transfer date. (B) Treatment of covered individuals.--For purposes of the plan under this subsection-- (i) any period of continuous service performed by a covered individual as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual with a contractor shall be treated as a separation from service with the Architect of the Capitol. (f) Early Retirement Treatment for Certain Separated Employees.-- (1) In general.--This subsection applies to-- (A) an employee of the Senate Restaurants of the Office of the Architect of the Capitol who-- (i) voluntarily separates from service on or after the date of enactment of this Act, but prior to the day before the transfer date; and (ii) on such date of separation-- (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or (II) has completed 20 years of such service and is at least 50 years of age; and (B) except as provided under paragraph (2), a covered individual-- (i) whose employment with a contractor is terminated as provided under a food services contract during the 90-day period following the transfer date; and (ii) on the date of such termination-- (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or (II) has completed 20 years of such service and is at least 50 years of age. (2) Exception.--Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause. (3) Treatment.-- (A) Annuity.--Notwithstanding any provision of chapter 83 or 84 of title 5, United States Code, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5, United States Code. (B) Separation during 90-day period.--For purposes of chapter 83 or 84 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual described under paragraphs (1)(B) and (2) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under paragraphs (1)(B) and (2) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (g) Congressional Accountability Act of 1995.-- (1) Employees of the architect of the capitol.--Section 101(5) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5)) is amended by striking ``, the Botanic Garden, or the Senate Restaurant'' and inserting ``or the Botanic Garden''. (2) Disabilities.--Section 210(a)(7) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by striking ``the Senate Restaurants and the Botanic Garden'' and inserting ``the Botanic Garden''. (3) Continuing application to certain acts and omissions.--For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date. (h) Deposit of Commissions.-- (1) Senate restaurants food services contract.--Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate. (2) Use of funds.--Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account. (i) Effective Date.--This Act shall take effect on the date of enactment of this Act and apply to the remainder of the fiscal year in which enacted and each fiscal year thereafter. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes specified Senate Restaurants employees who are employees of the Architect of the Capitol on the date of enactment of this Act and who become employees of a contractor under a food services contract to elect to continue coverage of federal benefits, including retirement benefits, life and health insurance, annual and sick leave balances and accrual rates, and transit subsidies, after operations of the Senate Restaurants are contracted to be performed by a private business concern. Prohibits the basic pay of such an employee from being reduced below the rate paid to that employee on the day before operations are transferred. Requires the Director of the Office of Personnel Management (OPM) to prescribe regulations to provide for the continuity of benefits. Sets forth provisions concerning severance pay and voluntary separation incentive payments to, and early retirement by, such employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009''. SEC. 2. EASING ADMINISTRATIVE BARRIERS TO STATE COOPERATION WITH EMPLOYER-SPONSORED INSURANCE COVERAGE. (a) Requiring Some Coverage for Employer-Sponsored Insurance.-- (1) In general.--Section 2102(a) of the Social Security Act (42 U.S.C. 1397b(a)) is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) effective for plan years beginning on or after October 1, 2010, how the plan will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan.''. (2) Effective date.--The amendments made by paragraph (1) shall apply beginning on October 1, 2010. (b) Federal Financial Participation for Employer-Sponsored Insurance.--Section 2105 of such Act (42 U.S.C. 1397d) is amended-- (1) in subsection (a)(1)(C), by inserting before the semicolon at the end the following: ``and, subject to paragraph (3)(C) of subsection (c), in the form of payment of the premiums for coverage under a group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage''; and (2) by amending paragraph (3) of subsection (c) to read as follows: ``(3) Purchase of employer-sponsored insurance.-- ``(A) In general.--Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of family coverage under a group health plan that includes coverage of targeted low-income children unless such coverage would otherwise substitute for coverage that would be provided to such children but for the purchase of family coverage. ``(B) Waiver of certain provisions.--With respect to coverage described in subparagraph (A)-- ``(i) notwithstanding section 2102, no minimum benefits requirement (other than those otherwise applicable with respect to services within the categories of basic services described in section 2103(c)(1) and emergency services) under this title shall apply; and ``(ii) no limitation on beneficiary cost- sharing otherwise applicable under this title or title XIX shall apply. ``(C) Required provision of supplemental benefits.--If the coverage described in subparagraph (A) does not provide coverage for the services in each of the categories of basic services described in section 2103(c)(1) and for emergency services, the State child health plan shall provide coverage of such services as supplemental benefits. ``(D) Limitation on ffp.--The amount of the payment under subsection (a)(1)(C) for coverage described in subparagraph (A) (and supplemental benefits under subparagraph (C) for individuals so covered) during a fiscal year may not exceed the product of-- ``(i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); ``(ii) the enhanced FMAP for the State and fiscal year involved; and ``(iii) the number of targeted low-income children for whom such coverage is provided. ``(E) Voluntary enrollment.--A State child health plan-- ``(i) may not require a targeted low-income child to enroll in family coverage described in subparagraph (A) in order to obtain child health assistance under this title; ``(ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet website or other means) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and ``(iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. ``(F) Information on coverage options.--A State child health plan shall-- ``(i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); ``(ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2010; and ``(iii) post a description of these coverage options on any official Internet website that may be established by the State in connection with the plan. ``(G) Semiannual verification of coverage.--If coverage described in subparagraph (A) is provided under a group health plan with respect to a targeted low-income child, the State child health plan shall provide for the collection, at least once every six months, of proof from the plan that the child is enrolled in such coverage. ``(H) Rule of construction.--Nothing in this section is to be construed to prohibit a State from-- ``(i) offering wrap around benefits in order for a group health plan to meet any State-established minimum benefit requirements; ``(ii) establishing a cost-effectiveness test to qualify for coverage under such a plan; ``(iii) establishing limits on beneficiary cost-sharing under such a plan; ``(iv) paying all or part of a beneficiary's cost-sharing requirements under such a plan; ``(v) paying less than the full cost of the employee's share of the premium under such a plan, including prorating the cost of the premium to pay for only what the State determines is the portion of the premium that covers targeted low-income children; ``(vi) using State funds to pay for benefits above the Federal upper limit established under subparagraph (D); ``(vii) allowing beneficiaries enrolled in group health plans from changing plans to another coverage option available under this title at any time; or ``(viii) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A). ``(I) Group health plan defined.--In this paragraph, the term `group health plan' has the meaning given such term in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)).''. SEC. 3. IMPROVING BENEFICIARY CHOICE IN SCHIP. (a) Requiring Offering of Alternative Coverage Options.--Section 2102 of the Social Security Act (42 U.S.C. 1397b), as amended by section 1, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) effective for plan years beginning on or after October 1, 2010, how the plan will provide for child health assistance with respect to targeted low-income children through alternative coverage options in accordance with subsection (d).''; and (2) by adding at the end the following new subsection: ``(d) Alternative Coverage Options.-- ``(1) In general.--Effective October 1, 2010, a State child health plan shall provide for the offering of any qualified alternative coverage that a qualified entity seeks to offer to targeted low-income children through the plan in the State. ``(2) Application of uniform financial limitation for all alternative coverage options.--With respect to all qualified alternative coverage offered in a State, the State child health plan shall establish a uniform dollar limitation on the per capita monthly amount that will be paid by the State to the qualified entity with respect to such coverage provided to a targeted low-income child. Such limitation may not be less than 90 percent of the per capita monthly payment made for coverage offered under the State child health plan that is not in the form of an alternative coverage option. Nothing in this paragraph shall be construed-- ``(A) as requiring a State to provide for the full payment of premiums for qualified alternative coverage; ``(B) as preventing a State from charging additional premiums to cover the difference between the cost of qualified alternative coverage and the amount of such payment limitation; ``(C) as preventing a State from using its own funds to provide a dollar limitation that exceeds the Federal financial participation as limited under section 2105(c)(8). ``(3) Qualified alternative coverage defined.--In this section, the term `qualified alternative coverage' means health insurance coverage that-- ``(A) meets the coverage requirements of section 2103; and ``(B) is offered by a qualified insurer, and not directly by the State. ``(4) Qualified insurer defined.--In this section, the term `qualified insurer' means, with respect to a State, an entity that is licensed to offer health insurance coverage in the State.''. (b) Federal Financial Participation for Qualified Alternative Coverage.--Section 2105 of such Act (42 U.S.C. 1397d), as amended by sections 301(a) and 601(a) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-5), is amended-- (1) in subsection (a)(1)(C), by inserting before the semicolon at the end the following: ``and, subject to subsection (c)(12)(C), in the form of payment of the premiums for coverage for qualified alternative coverage''; and (2) by adding at the end of subsection (c) the following new paragraph: ``(12) Purchase of qualified alternative coverage.-- ``(A) In general.--Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of qualified alternative coverage. ``(B) Waiver of certain provisions.--With respect to coverage described in subparagraph (A), no limitation on beneficiary cost-sharing otherwise applicable under this title or title XIX shall apply. ``(C) Limitation on ffp.--The amount of the payment under paragraph (1)(C) for coverage described in subparagraph (A) during a fiscal year in the aggregate for all such coverage in the State may not exceed the product of-- ``(i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); ``(ii) the enhanced FMAP for the State and fiscal year involved; and ``(iii) the number of targeted low-income children for whom such coverage is provided. ``(D) Voluntary enrollment.--A State child health plan-- ``(i) may not require a targeted low-income child to enroll in coverage described in subparagraph (A) in order to obtain child health assistance under this title; ``(ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet website or other means) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and ``(iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. ``(E) Information on coverage options.--A State child health plan shall-- ``(i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); ``(ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2010; and ``(iii) post a description of these coverage options on any official website that may be established by the State in connection with the plan. ``(F) Rule of construction.--Nothing in this section is to be construed to prohibit a State from-- ``(i) establishing limits on beneficiary cost-sharing under such alternative coverage; ``(ii) paying all or part of a beneficiary's cost-sharing requirements under such coverage; ``(iii) paying less than the full cost of a child's share of the premium under such coverage, insofar as the premium for such coverage exceeds the limitation established by the State under subparagraph (C); ``(iv) using State funds to pay for benefits above the Federal upper limit established under subparagraph (C); or ``(v) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A).''. SEC. 4. APPLICATION TO MEDICAID. In accordance with rules established by the Secretary of Health and Human Services, the requirements imposed under a State child health plan under title XXI of the Social Security Act under the amendments made by the preceding sections of this subtitle shall apply in the same manner to a State plan under title XIX of such Act, except that-- (1) such requirements shall not apply to individuals whose eligibility for medical assistance under such title is based on being aged, blind, or disabled or to individuals with a category of individuals described in section 1937(a)(2)(B) of such Act; (2) the national per capita expenditures shall be determined based on a benchmark coverage described in section 1937(b)(1) of such Act but without regard to expenditures for individuals described in paragraph (1) or for nursing facility services and other long-term care services (as determined by the Secretary). SEC. 5. EXPANSION OF HEALTH OPPORTUNITY ACCOUNT PROGRAM. (a) In General.--Section 613 of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3) is repealed. (b) Expansion.--Section 1938(a)(2) of the Social Security Act (42 U.S.C. 1396u-8(a)(2)) is amended-- (1) in subparagraph (A) by striking everything following the first sentence; and (2) by striking subparagraph (B).

Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP, also known as CHIP) of the Social Security Act to require an SCHIP plan to describe how it will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan. Requires the Secretary of Health and Human Services (HHS) to pay to each state with an approved SCHIP plan a certain amount for the payment of premiums for coverage under an employer-sponsored group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage. Revises requirements regarding the purchase of employer-sponsored insurance. Prohibits any minimum benefits requirement or any limitation on beneficiary cost-sharing. Declares that, if the basic coverage of such insurance does not extend to each of certain categories of basic services, the plan shall cover such services as supplemental benefits. Prohibits a plan from requiring a targeted low-income child to enroll in family coverage in order to obtain child health assistance. Requires an annual voluntary enrollment period for switching from one plan to another. Requires the offering of alternative coverage options under SCHIP. Prescribes requirements for federal financial participation for qualified alternative coverage. Declares that the requirements imposed under a state child health plan under this Act shall apply in the same manner to a state plan under title XIX (Medicaid), except that: (1) such requirements shall not apply to individuals whose Medicaid eligibility is based on being aged, blind, or disabled or to individuals in certain categories; and (2) the national per capita expenditures shall be determined based on a specified benchmark coverage but without regard to expenditures for such excluded individuals or for nursing facility services and other long-term care (LTC) services. Amends the Children's Health Insurance Program Reauthorization Act of 2009 to repeal the prohibition against the Secretary's approval of any new health opportunity account demonstration programs. Converts the Health Opportunity Account demonstration program into a permanent program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2001''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2002) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2001) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2002) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2001) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2002) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2001), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2001), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted.''. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS FOR PHYSICIANS' SERVICES UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. (a) Adjustment to Geographic Indices Under the Physician Fee Schedule.--Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-4(e)(1)) is amended-- (1) in subparagraph (A), by striking ``(B) and (C)'' and inserting (B), (C), and (D)'' in the matter preceding clause (i); (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by adding after subparagraph (C) the following new subparagraph: ``(D) Floor and ceiling on geographic indices.--If any index established under clause (i), (ii), or (iii) of subparagraph (A) or under subparagraph (B), after application of the second sentence of subparagraph (C), is-- ``(i) less that 0.950, the Secretary shall increase such index to 0.950; and ``(ii) greater that 1.05, the Secretary shall reduce such index to 1.05.''. (b) Budget Neutrality Adjustment for Application of Floor and Ceiling on Geographic Adjustment.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended-- (1) in paragraph (1)(A), by striking ``The conversion'' and inserting ``Subject to paragraph (5), the conversion''; and (2) by adding at the end the following new paragraph: ``(5) Budget neutrality adjustment for application of floor and ceiling on geographic adjustment.--Before applying an update for a year under this subsection, the Secretary shall (if necessary) provide for an adjustment to the conversion factor for that year to ensure that the aggregate payments under this part in that year shall be equal to aggregate payments that would have been made under such part in that year if subsection (e)(1)(D) had not been enacted.''. (c) Effective Date.--The amendments made by this section shall apply to payments for items and services provided on and after January 1, 2002.

Medicare Fairness in Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to instruct the Secretary of Health and Human Services to establish a system for making adjustments to payments for items and services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 105 percent of the national average; or (2) less than 95 percent of the national average. Authorizes the Secretary to make specified related adjustments to geographic indices under the Medicare physician fee schedule in certain circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting U.S. Missile Defense Information Act of 2013''. SEC. 2. REPORT AND BRIEFINGS ON MISSILE DEFENSE DISCUSSIONS BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. (a) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on any discussions on missile defense between the United States Government and the Government of the Russian Federation during the preceding 6-month period. (b) Matters To Be Included.--The report required by subsection (a) shall include the following with respect to any such discussions: (1) The date or dates of the discussions. (2) The official or officials of each government taking part in the discussions. (3) A summary of the discussions. (4) A copy of any documents or other materials exchanged during or as a result of the discussions. (c) Initial Report.--The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such discussions during the preceding 6-month period shall also address any such discussions during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional Briefings.--In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. SEC. 3. REPORTS AND BRIEFINGS ON DECLASSIFICATION OF CERTAIN MISSILE DEFENSE INFORMATION. (a) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on the missile defense systems of the United States. (b) Matters To Be Included.--The report required by subsection (a) shall include the following with respect to any such meetings: (1) The date of the meeting. (2) A description of the documents considered by the National Disclosure Policy Committee during the meeting. (3) The determination made by the Committee with respect to declassifying such documents, including a summary of the reasoning used to make such determination. (c) Initial Report.--The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such meetings during the preceding 6-month period shall also address any such meetings during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional Briefings.--In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. SEC. 4. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH ACCESS TO CERTAIN MISSILE DEFENSE TECHNOLOGY. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used to provide the Russian Federation with access to information regarding-- (1) missile defense technology of the United States relating to hit-to-kill technology; or (2) telemetry data with respect to missile defense interceptors or target vehicles. SEC. 5. LIMITATION ON FUNDS TO NEGOTIATE OR IMPLEMENT EXECUTIVE AGREEMENTS RELATING TO UNITED STATES MISSILE DEFENSE CAPABILITIES. (a) Statement of Policy.--Congress declares that the United States shall not be bound, politically or otherwise, by the terms of any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities. (b) Limitation on Funds.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used-- (1) to negotiate or implement any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities; or (2) to implement rules of engagement or Guidance for Employment of Force relating to such executive agreement. (c) Rule of Construction.--Subsection (b) shall not apply with respect to the use of funds to negotiate or implement any executive agreement with a country with respect to which the United States has entered into a treaty of alliance or has a security guarantee. (d) Executive Agreement Defined.--In this section, the term ``executive agreement'' means an international agreement other than-- (1) an agreement that is in the form of a treaty under article II, section 2, clause 2 of the Constitution of the United States; or (2) an agreement that requires implementing legislation to be enacted into law for the agreement to enter into force with respect to the United States. SEC. 6. DISCLOSURE OF AND REPORT ON RUSSIAN FEDERATION SUPPORT OF BALLISTIC MISSILE DEFENSE PROGRAMS OF CHINA, SYRIA, IRAN, AND NORTH KOREA. (a) Disclosure of Support.--The President shall seek to encourage the Government of the Russian Federation to disclose any support by the Russian Federation or Russian entities for the ballistic missile programs of the People's Republic of China, Syria, Iran, or North Korea. (b) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on any disclosure by the Government of the Russian Federation of any such support during the preceding 6-month period. (c) Initial Report.--The initial report required by subsection (b) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such support during the preceding 6-month period shall also address any such support during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex, if necessary. SEC. 7. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

Protecting U.S. Missile Defense Information Act of 2013 - Directs the President to report semiannually to the congressional defense and appropriations committees on: (1) any discussions on missile defense between the U.S. government and the Russian Federation during the preceding six months, and (2) meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on U.S. missile defense systems. Requires briefings to such committees in connection with the latter reports. Prohibits Department of Defense (DOD) funds for FY2014 or thereafter from being used to provide the Russian Federation with access to: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data with respect to missile defense interceptors or target vehicles. Declares that the United States shall not be bound by the terms of any executive agreement relating to U.S. missile defense capabilities, including basing, locations, and numbers of missiles. Prohibits DOD funds for FY2014 or thereafter from being used to: (1) negotiate or implement any executive agreement relating to such capabilities, or (2) implement rules of engagement or guidance for employment of forces relating to such an agreement. Provides an exception with respect to any country with which the United States has entered into a treaty of alliance or a security guarantee. Directs the President to: (1) seek to encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit to the above committees a semiannual report on any such support.

SECTION 1. TREATMENT OF EXPORT LEASES. (a) Property Leased to Foreign Persons.--Section 168(g)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) any tangible property leased to a foreign person or entity,''. (b) Foreign Person or Entity.--Section 168(g) of such Code is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) Tangible property leased to a foreign person or entity.-- ``(A) Tangible property.--For purposes of paragraph (1)(B), the term `tangible property' means any tangible property other than-- ``(i) nonresidential real property as defined under subsection (h)(1)(E) to the extent it is not subject to a disqualified lease determined under rules similar to the rules of subsection (h)(1)(B), ``(ii) property used by a foreign person or entity if more than 50 percent of the gross income for the taxable year derived by the foreign person or entity from the use of such property is-- ``(I) subject to tax under this chapter, or ``(II) included under section 951 in the gross income of a United States shareholder for the taxable year with or within which ends the taxable year of the controlled foreign corporation in which such income was derived, and ``(iii) property determined under rules similar to the rules of subsection (h)(3). For purposes of clause (ii), any exclusion or exemption shall not apply for purposes of determining the amount of the gross income so derived, but shall apply for purposes of determining the portion of such gross income subject to tax under this chapter. ``(B) Foreign person or entity.--For purposes of this paragraph and paragraph (1)(B)-- ``(i) In general.--The term `foreign person or entity' means-- ``(I) any foreign government, any international organization, or any agency or instrumentality of any of the foregoing, and ``(II) any person who is not a United States person. Such term does not include any foreign partnership or other foreign pass-thru entity. ``(ii) Other pass-thru entities; tiered entities.--In the case of property leased to or owned by a partnership or other pass-thru entity and in the case of tiered partnerships and other entities, rules similar to the rules of paragraphs (5) and (6) of subsection (h) shall apply. For purposes of the preceding sentence, unless it is otherwise established to the satisfaction of the Secretary, it shall be presumed that the partners of a foreign partnership (and the beneficiaries of any other foreign pass-thru entity) are persons who are not United States persons.'' (c) Tax-Exempt Entity.--Section 168(h)(2)(A) of such Code is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (d) Conforming Amendments.-- (1) Section 168(g)(6)(A) of such Code is amended by striking ``paragraph (1)(D)'' and inserting ``paragraph (1)(E)''. (2) Section 168(h)(2) of such Code is amended by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively. (3) Section 168(h)(5) of such Code is amended by striking subparagraph (C). (4) Section 168(h)(7) of such Code is amended by inserting ``subsection (g) and '' before ``this subsection''. (5) Section 168(j)(4)(B)(i) of such Code is amended by striking ``subsection (g)(7)'' and inserting ``subsection (g)(8)''. (6) Section 50(b)(4)(A)(ii) of such Code is amended by striking ``section 168(h)(2)(C)), but only with respect to property to which section 168(h)(2)(A)(iii) applies (determined after the application of section 168(h)(2)(B))'' and inserting ``section 168(g)(5)(B)), but only with respect to property to which section 168(g)(5) applies''. (e) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act.

Amends Internal Revenue Code provisions concerning the accelerated cost recovery system to provide that the alternative depreciation system shall be used for tangible property leased to a foreign person or entity.

SECTION 1. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS. (a) In General.--The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following: ``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS. ``(a) General Purpose Grants.--The Secretary, acting through the Office of Family Violence and Prevention Services of the Administration for Children and Families, may award grants to eligible State and local entities to strengthen the State and local health care system's response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. ``(b) State Grants.-- ``(1) In general.--The Secretary may award grants under subsection (a) to entities eligible under paragraph (2) for the conduct of not to exceed 10 Statewide programs for the design and implementation of Statewide strategies to enable health care workers to improve the health care system's response to treatment and prevention of domestic violence as provided for in subsection (d). ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1) an entity shall-- ``(A) be a State health department, nonprofit State domestic violence coalition, State professional medical society, State health professional association, or other nonprofit or State entity with a documented history of effective work in the field of domestic violence; ``(B) demonstrate to the Secretary that such entity is representing a team of organizations and agencies working collaboratively to strengthen the health care system's response to domestic violence; and ``(C) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Limitation.--The Secretary may not award a grant to a State health department under paragraph (1) unless the State health department can certify that State laws, policies, and practices do not require the mandatory reporting of domestic violence by health care professionals and staff when the victim is an adult. ``(4) Term and amount.--A grant under this section shall be for a term of 4 years and for an amount not to exceed $2,000,000 for each such year. ``(c) Local Demonstration Grants.-- ``(1) In general.--The Secretary may award grants under subsection (a) to entities eligible under paragraph (2) for the conduct of not to exceed 10 demonstration projects for the design and implementation of a strategy to improve the response of local health care professionals and staff to the treatment and prevention of domestic violence. ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1) an entity shall-- ``(A) be a local health department, local nonprofit domestic violence organization or service provider, local professional medical society or health professional association, or other nonprofit or local government entity that has a documented history of effective work in the field of domestic violence; ``(B) demonstrate to the Secretary that such entity is representing a team of organizations working collaboratively to strengthen the health care system's response to domestic violence; and ``(C) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Term and amount.--A grant under this section shall be for a term of 3 years and for an amount not to exceed $450,000 for each such year. ``(d) Use of Funds.--Amounts provided under a grant under this section shall be used to design and implement comprehensive Statewide and local strategies to improve the health care setting's response to domestic violence in hospitals, clinics, managed care settings, emergency medical services, and other health care systems. Such a strategy shall include-- ``(1) the development, implementation, and dissemination of policies and procedures to guide health care professionals and staff responding to domestic violence; ``(2) the training of, and providing follow-up technical assistance to, health care professionals and staff to screen for domestic violence, and then to appropriately assess, record in medical records, treat, and refer patients who are victims of domestic violence to domestic violence services; ``(3) the implementation of practice guidelines for widespread screening and recording mechanisms to identify and document domestic violence, and the institutionalization of such guidelines and mechanisms in quality improvement measurements such as patient record reviews, staff interviews, patient surveys, or other methods used to evaluate and enhance staff compliance with protocols; ``(4) the development of an on-site program to address the safety, medical, mental health, and economic needs of patients who are victims of domestic violence achieved either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services; ``(5) the development of innovative and effective comprehensive approaches to domestic violence identification, treatment, and prevention models unique to managed care settings, such as-- ``(A) exploring ways to include compensated health care professionals and staff for screening and other services related to domestic violence; ``(B) developing built-in incentives such as billing mechanisms and protocols to encourage health care professionals and staff to implement screening and other domestic violence programs; and ``(C) contracting with community agencies as vendors to provide domestic violence victims access to advocates and services in health care settings; and ``(6) the collection of data, implementation of patient and staff surveys, or other methods of measuring the effectiveness of their programs and for other activities identified as necessary for evaluation by the evaluating agency. ``(e) Evaluation.--The Secretary may use not to exceed 5 percent of the amount appropriated for a fiscal year under subsection (e) to evaluate the economic and health benefits of the programs and activities conducted by grantees under this section and the extent to which the institutionalization of protocols, practice guidelines, and recording mechanisms has been achieved. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $24,500,000 for each of the fiscal years 2000 through 2002; and ``(B) $20,000,000 for fiscal year 2003. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. (b) Technical Amendment.--Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10405(a)) is amended-- (A) by striking ``an employee'' and inserting ``one or more employees''; and (B) by striking ``individual'' and inserting ``individuals''.

Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to award grants to States and local health care entities to strengthen their response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. Prescribes guidelines for State and local demonstration grants. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Tax Credit Act of 1993''. SEC. 2. INVESTMENT TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the general investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, the general investment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new qualified investment tax credit property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used qualified investment tax credit property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified investment tax credit property.--The term `qualified investment tax credit property' means tangible property (other than a building, its structural components, or an air conditioning or heating unit), but only if such property-- ``(A) is used as an integral part of manufacturing, production (including agriculture), or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services, ``(B) constitutes a research facility or research equipment used in connection with any of the activities referred to in subparagraph (A), or ``(C) constitutes a facility used in connection with any of the activities referred to in subparagraph (A) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state). Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Credit Allowed Against Minimum Tax.--Section 38(c) of such Code is amended by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following new paragraph: ``(2) New investment tax credit may offset 100 percent of minimum tax.-- ``(A) In general.--In the case of a C corporation, the amount determined under paragraph (1)(A) shall be reduced (but not below zero) by the lesser of-- ``(i) the portion of the new investment tax credit not used against the regular limitation, or ``(ii) 100 percent of the taxpayer's tentative minimum tax for the taxable year. ``(B) Portion of new investment tax credit not used against regular limit.--For purposes of subparagraph (A), the portion of the new investment tax credit for any taxable year not used against the regular limitation is the excess (if any) of-- ``(i) the portion of the credit under subsection (a) which is attributable to the application of the general investment credit under section 48(c), over ``(ii) the limitation of paragraph (1) (determined without regard to this paragraph) reduced by the portion of the credit under subsection (a) which is not so attributable. ``(C) Limitation.--In no event shall this paragraph permit the allowance of a credit which would result in a net chapter 1 tax less than an amount equal to 10 percent of the amount determined under section 55(b)(1)(A) without regard to the alternative tax net operating loss deduction. For purposes of the preceding sentence, the term `net chapter 1 tax' means the sum of the regular tax liability for the taxable year and the tax imposed by section 55 for the taxable year, reduced by the sum of the credits allowable under this part for the taxable year (other than under section 34).'' (d) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the basis of any new qualified investment tax credit property and the cost of any used qualified investment tax credit property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any qualified investment tax credit property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1992, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Investment Tax Credit Act of 1993 - Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services. Allows such tax to offset 100 percent of a C corporation's minimum tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Growing Small Businesses Act''. SEC. 2. CREDIT FOR QUALIFYING PRODUCTION FACILITIES. (a) Income Tax Credit.-- (1) In general.--Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(7) the qualifying production facility credit.''. (2) Amount of credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48D the following new section: ``SEC. 48E. CREDIT FOR QUALIFYING PRODUCTION FACILITIES. ``(a) In General.--For purposes of section 46, in the case of an eligible employer, the qualifying production facility credit for any taxable year is an amount equal to 25 percent of the basis of eligible property placed in service during the taxable year. ``(b) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer-- ``(A) which has no more than 50 full-time equivalent employees (within the meaning of section 45R(d)(2)) for the taxable year, and ``(B) which has not (prior to placing in service the production facility designated for purposes of this section) placed in service a dedicated facility for the production of goods for sale. ``(2) Safe harbor.-- ``(A) In general.--An employer shall not be treated as having previously placed in service a facility described in paragraph (1)(B) if-- ``(i) a credit under this section has not previously been allowed to the employer, and ``(ii) the cost of applicable property placed into service by the employer for each taxable year during the 5-taxable-year period ending immediately before the taxable year did not exceed $7,500. ``(B) Applicable property.--For purposes of subparagraph (A), the term `applicable property' means personal property which would have qualified as eligible property under subsection (c)(1)(B) if such property were placed in service by an eligible employer at a qualified production facility after enactment of this Act for the production of a qualifying product. ``(3) Self-employed individual treated as employee.--For purposes of paragraph (1)(A), the term employee includes an individual described in section 401(c)(1). ``(c) Eligible Property.--For purposes of this section-- ``(1) In general.--The term `eligible property' means-- ``(A) any qualifying production facility-- ``(i)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer by purchase (as defined in section 179(d)(2)), and ``(ii) for which a deduction is allowable under section 167, and ``(B) any personal property-- ``(i) which is placed in service within 12 months of the date on which a qualifying production facility for which a credit is allowed under subsection (a) is placed in service, ``(ii) which is used exclusively at such qualifying production facility primarily for the production of a qualifying product, and ``(iii) for which a deduction is allowable under section 167. ``(2) Special rule for leased facilities.--In the case of any of a qualifying production facility which is leased by the taxpayer, paragraph (1)(B) shall be applied by substituting `the date on which the qualifying production facility was first leased by the taxpayer' for `the date on which a qualifying production facility for which a credit is allowed under subsection (a) is placed in service' in clause (i). ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualifying production facility.--The term `qualifying production facility' means any facility which-- ``(A) is used to produce qualifying products, and ``(B) is designated by the taxpayer as a qualifying production facility for purposes of this section at such time and in such manner as the Secretary shall prescribe. ``(2) Qualifying product.--The term `qualifying product' means any of the following: ``(A) Tangible personal property. ``(B) Computer software (as defined in section 167(f)(1)(B)). ``(C) Property described in section 168(f)(3). ``(D) Property described in section 168(f)(4). ``(E) Food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. ``(e) Special Rules.--For purposes of this section-- ``(1) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(2) Predecessor.--Any reference in this section to an employer shall include a reference to any predecessor of such employer. ``(3) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(f) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of the eligible employer, section 3111(f) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 50(c)) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of an eligible employer other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of an eligible employer which is a partnership, the return required to be filed under section 6031, ``(II) in the case of an eligible employer which is an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other eligible employer, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitations.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(C) Special rule for partnerships and s corporations.--In the case of an eligible employer which is a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(4) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B), all persons or entities treated as a single taxpayer under subsection (e)(1) shall be treated as a single taxpayer for purposes of this subsection. ``(B) Special rules.--For purposes of this subsection and section 3111(g)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (3)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the manner provided by the Secretary which is similar to the manner provided under section 41(f)(1). ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (3) Special rules relating to recapture.-- (A) Certain related party transaction.--Paragraph (4) of section 50(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``Subparagraph (B) shall not apply to investment credit property described in section 48E in any case in which the transaction is a transaction between related persons.''. (B) Loss of eligible employer status.--Paragraph (5) of section 50(a) of such Code is amended by adding at the end the following new paragraph: ``(D) Treatment of eligible employer status for qualifying production facility credit.--Paragraphs (1) and (2) shall not apply with respect to any credit allowed under section 48E solely because the taxpayer has ceased to be an eligible employer (as defined in section 48E(b)) in any taxable year after the year in which the credit is allowed.''. (4) Conforming amendments.-- (A) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``and'' at the end of clause (v); (ii) by striking the period at the end of clause (vi) and inserting ``, and''; and (iii) by adding after clause (vi) the following new clause: ``(vii) the basis of any eligible property under section 48E.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48D the following new item: ``Sec. 48E. Credit for qualifying production facilities.''. (b) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Credit for Qualifying Production Facilities.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 48E(f) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 48E(f)(3)(A)(ii) an amount equal to the payroll tax credit portion determined under section 48E(f)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (c) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Growing Small Businesses Act This bill amends the Internal Revenue Code to allow a tax credit for investments in a small business's first qualifying production facility. The credit is equal to 25% of the cost of property for an eligible employer's first qualifying production facility placed in service during the year. The credit applies to employers who: (1) have no more than 50 full-time equivalent employees, and (2) have not previously placed in service a dedicated facility for the production of goods for sale. A "qualifying production facility" must be used to produce any of the following products: tangible personal property, computer software, films and videotape, sound recordings, or food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. Qualifying employers may elect to apply up to $250,000 of the credit against payroll taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Environmental, Labor, and Agricultural Standards Act of 1993''. SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES. In addition to the overall and principal trade negotiating objectives of the United States set forth in section 1101 of the Omnibus Trade and Competitiveness Act of 1988, the purposes, policies, and objectives of title I of such Act of 1988 that are applicable with respect to any free-trade area trade agreement negotiated under the authority of such title I with Canada and Mexico (hereinafter referred to as the ``NAFTA'') include the achievement of the following principal negotiating objectives: (1) Worker rights and standards and protection.--With a view to establishing open, expanding mutually-beneficial trade among Canada, Mexico, and the United States, to spreading the benefits of such trade as widely as possible, to protecting citizens interests, and to enhancing respect for human rights throughout North America, the principal negotiating objectives of the United States with respect to worker rights and standards, and the protection thereof, in the conduct of international trade, commerce, and finance are-- (A) to ensure freedom of association and to affirm the vital role that free and independent unions play in democratic governance; (B) to ensure the rights of working people to organize, to bargain collectively, and to strike, and to ensure the right of workers' representatives to legal protection in the free exercise of their duties and fundamental human rights; (C) to establish a minimum age for the employment of children-- (i) at 14 years if the employment will not result in the neglect of their education and will not harm their health and well-being, and (ii) at 18 years if the employment involves the use of, or exposure to, hazardous equipment or toxic chemical substances, but only if the use or exposure will not pose long-term risks to their health and safety; (D) to ensure the right to health at the workplace and to a healthy working environment, including freedom from exposure to toxic substances; (E) to guarantee the right of all workers to equal protection, including freedom from discrimination in wages or working conditions, regardless of their nationality, race, religion, age, or sex; and (F) to guarantee humane standards of wages and hours of work that take into account different levels of national economic development, but provide for improvement concurrently with gains in productivity. (2) Environmental quality and protection.--In recognition of the shared responsibility of Canada, Mexico, and the United States as stewards responsible for, and our common interest in, preserving and sustaining the North American continent's natural habitat and resources over time, the principal negotiating objectives of the United States with respect to environmental quality and protection are-- (A) the protection of environmental quality and of the integrity of ecosystems, as well as the maintenance of scarce biological and physical resources, in the conduct of international trade, commerce, and finance; (B) the establishment of a process for the full and public disclosure of the kinds, quantities, and risks associated with toxic chemical and hazardous substance discharges into the air, water, and land; (C) the prevention of the export of toxic and hazardous substances and products, such as carcinogens and unsafe drugs, that are banned in the country of origin; (D) the prevention of the export of products (unless remediation or repatriation contracts already exist) manufactured, extracted, harvested, or grown under environmental conditions or workplace safety and health conditions that undermine counterpart standards, particularly those applicable to the counterpart industry in the importing country or the counterpart standards, in general, in the importing country; and (E) to require that industries within their national borders reduce the amount and toxicity of hazardous substances that they use, minimize the amount and toxicity of wastes they generate, and demonstrate publicly their use of best available technology for pollution abatement in their production processes. (3) Unfair trade practices.--In acknowledging different, evolving comparative advantages among trading nations, but with a view to distinguishing between acceptable and unacceptable means of competition among trading nations, the principal negotiating objectives of the United States with respect to unfair trade practices shall include the adoption, as a principle, that the systematic denial or practical negation of the protections accorded worker rights and standards and environmental quality (within the context of paragraphs (1) and (2)) as a means for any country or its industries to gain competitive advantage in international trade, commerce, and finance is an actionable unfair trade practice. (4) Comprehensive dispute resolution.--The principal negotiating objectives of the United States are to achieve a process for the settlement of disputes that arise between or among the signatories with respect to unfair trade practices, including not only those involving commonly identified unfair trade barriers, but unfair practices, within the context of the negotiating objectives listed in paragraphs (1), (2), and (3) involving the systematic denial or practical negation of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection, resulting in distortions to international trade, commerce, and finance. Such a process shall include-- (A) notification by each signatory nation to the other signatories regarding changes in law or practice that will materially affect the agreement; (B) provision, on a sequential basis and subject to reasonable time limits, for consultation between or among signatories, for mediation, and, if necessary, for binding arbitration; (C) the establishment of a trinational commission, with authority to investigate, adjudicate, and issue binding judgments in a timely manner regarding the issues in dispute pursuant to subparagraph (B)-- (i) that consists of equal numbers of experts from the signatory nations (with United States experts being subject to the advice and consent of the United States Senate), and (ii) the chairmanship of which will be filled by individuals who-- (I) are citizens of the respective signatories, (II) serve on a rotational basis among the signatories for 2-year terms, but no individual may serve in such office for more than one term, and (III) are appointed to such office by the respective chief executive officers of the signatories (and any chairperson appointed from the United States is subject to the advice and consent of the United States Senate); and (D) provision for the trinational commission, in its proceedings and deliberations, to consult with a wide array of representative organizations, in addition to government agencies, with expertise in labor, environmental, agricultural, and scientific matters in each of the signatory nations; (E) provision for the trinational commission to enforce its judgments, as appropriate, by authorizing an aggrieved signatory nation to-- (i) suspend, withdraw, or prevent the application of, the benefits of trade agreement concessions to carry out the NAFTA with the offending signatory nation, (ii) impose proportionate duties on specific products, companies, or industries, or other offsetting import restrictions on the goods of, and offsetting fees or restrictions on the services of, the offending signatory nation for such time as the trinational commission determines, or (iii) enter into binding agreements with the offending signatory nation that commit such nation to-- (I) eliminate, or phase out, the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under clause (i) or (ii), (II) eliminate any burden or restriction on North American trade, as defined in the NAFTA, resulting from such unfair trade practice, (III) provide the aggrieved signatory nation with compensatory trade benefits that are satisfactory to the trinational commission and meet the requirements of subparagraph (F), or (IV) enter into debt-for-science exchanges, or similar arrangements, as appropriate, that are satisfactory to the trinational commission and that serve, as potential funding sources for remedies recommended under paragraph (5), to ameliorate the issues in dispute pursuant to subparagraph (B); (F) provision that any binding agreement described in subparagraph (E)(iii)(III) provide compensatory trade benefits (including, but not limited to, appropriate fees on trans-border movements of products, services, or capital) that benefit the economic sector which includes the domestic industry in the aggrieved signatory nation that would benefit from the elimination of the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under subparagraph (E), or benefit the economic sector within the aggrieved signatory nation as closely related as possible to such sector, unless-- (i) the provision of such trade benefits is not feasible, or (ii) trade benefits that benefit any other economic sector within the aggrieved signatory nation would be clearly and substantially more satisfactory than such trade benefits; (G) provision for the trinational commission, in taking action against unfair trade practices, as defined in the NAFTA, to avoid diminishing higher protections accorded worker rights and standards and environmental quality and protection and to give preference to the prompt elimination of the act, policy, or practice at issue over-- (i) the imposition of duties or other offsetting import restrictions or compensatory trade benefits, or (ii) the entering into of debt relief arrangements described in subparagraph (E)(iii)(IV); (H) provision for the government of any signatory nation or any informed person within a signatory nation to file a petition requesting the trinational commission to take action under subparagraph (E) against any unfair trade practice, including the systematic denial or practical negation of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection (referred to in paragraphs (1) and (2)), and setting forth the allegations in support of the request in public hearings and written testimony; and (I) provision for the proceedings, record, and decisions (along with the supporting rationale) of the trinational commission to be made public information. (5) Technical advice and recommendations.-- (A) Interagency committee.--The Director of the Office of Science and Technology shall establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance, advice, and recommendations to United States experts on the trinational commission. The interagency committee shall include one representative from each of the following agencies: (i) The National Science Foundation. (ii) The Environmental Protection Agency. (iii) The Department of Labor. (iv) The Department of the Interior. (v) The Department of Agriculture. (vi) The Department of Energy. (vii) The National Institute of Standards and Technology. (viii) The Department of Justice. (B) Specific functions.--In addition to the general functions referred to in subparagraph (A), the interagency committee shall evaluate the scientific and technological aspects of certain disputes brought before the trinational commission that pertain to environmental quality and protection and to workplace safety and health, and shall determine if violations related to the disputes reflect-- (i) inadequate or insufficient application of known technologies and techniques for mitigation of the violations, or (ii) need for additional research on, and the development of, new technologies and techniques for mitigation of the violations. Consistent with paragraph (4)(G), and after consultations with State and local government officials and a wide array of representative organizations with expertise in environmental, labor, agricultural and scientific matters, the interagency committee will recommend to the United States experts on the trinational commission, when appropriate, specific technological remedies to eliminate violations or further research that is needed to develop scientific and technological remedies.

North American Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area trade agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) with Canada and Mexico (NAFTA) must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates. Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work. Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosure of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country. Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice. Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a trinational commission with authority to investigate, adjudicate, and issue timely binding judgments. Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the trinational dispute resolution commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Land Protection Flexibility Act of 2006''. SEC. 2. FARMLAND PROTECTION PROGRAM. (a) Definitions.--Section 1238H of the Food Security Act of 1985 (16 U.S.C. 3838h) is amended-- (1) in paragraph (1)(B)-- (A) in clause (iii), by striking ``or''; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) meets certification requirements described in paragraph (6)(B).''; (2) by striking paragraph (2) and inserting the following: ``(2) Eligible land.--The term `eligible land' means land on a farm or ranch that is-- ``(A) cropland; ``(B) rangeland; ``(C) grassland; ``(D) pasture land; or ``(E) forest land that is an incidental part of an agricultural operation, as determined by the Secretary, including woodlots, wooded corners, and forested riparian areas that may comprise up to 50 percent of the offered acreage.''; (3) by redesignating paragraph (4) as paragraph (5); (4) by inserting after paragraph (3) the following: ``(4) Permanent conservation easement.--The term `permanent conservation easement' means a conservation easement or other interest in eligible land that-- ``(A) is for the primary purpose of protecting the agricultural production capacity of the eligible land; and ``(B) is permanent or for the maximum duration allowed under State law.''; and (5) by adding at the end the following: ``(6) Qualified state or local entity.--The term `qualified State or local entity' means a public or private entity that-- ``(A) operates a farm and ranch land protection program that-- ``(i) has for at least 3 calendar or fiscal years used or provided public or private funds to purchase permanent conservation easements on not less than 10 farms or ranches; ``(ii) has the necessary authority under State law, as well as the technical and financial capacity-- ``(I) to monitor and enforce the terms of the permanent conservation easements so that the purpose of the permanent conservation easements is carried out for the maximum allowable duration; or ``(II) in the case of a governmental entity, to require other public or private holders of the permanent conservation easements acquired with public funding to hold, monitor, and enforce the permanent conservation easements for the purpose described in subclause (I); and ``(iii) has financial control policies to ensure that, on average, the purchase price of the permanent conservation easements does not exceed the appraised fair market value of the permanent conservation easements; and ``(B) is certified by the Secretary in accordance with a process under which the entity shall demonstrate-- ``(i) strategic planning and articulated objectives; ``(ii) long-term commitment and organizational viability; ``(iii) a record of funds management and accountability; and ``(iv) a history of successfully completing projects.''. (b) Farmland Protection.--Section 1238I of the Food Security Act of 1985 (16 U.S.C. 3838i) is amended-- (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (2) by striking subsection (a) and inserting the following: ``(a) Program.-- ``(1) In general.--The Secretary, acting through the Natural Resources Conservation Service, shall carry out a farm and ranch land protection program under which the Secretary shall facilitate the purchase of conservation easements or other interests in eligible land for the purpose of protecting the agricultural production capacity of the land by limiting incompatible nonagricultural uses of the land. ``(2) Priority.--In carrying out the program, the Secretary shall give priority to protecting farm and ranch land-- ``(A) with prime, unique, or other productive soils that are at risk of non-agricultural development; ``(B) that shall stay in production agriculture; ``(C) in rural communities that face intense conversion pressure, as defined by the Secretary; ``(D) in areas that have locally-led land-use planning and zoning strategies; and ``(E) in watersheds that would benefit most from the protection of farm and ranch resources, as determined by the Secretary. ``(b) Grants.-- ``(1) In general.--The Secretary shall use not less than 75 percent of the funds made available to carry out this subchapter for each fiscal year to award grants, administered by the Natural Resources Conservation Service State Conservationists in consultation with the appropriate State technical committees established under section 1261, to qualified State or local entities for the purchase of permanent conservation easements. ``(2) Distribution.--The Secretary shall distribute grants described in paragraph (1) among States based on-- ``(A) the demonstrated need for farm and ranch land protection; and ``(B) the relative contribution of funds provided by State or local entities for the protection of farm and ranch land. ``(3) Use of grants.--A qualified State or local entity that receives a grant under this subsection-- ``(A) may use the grant funds to purchase 1 or more permanent conservation easements, regardless of whether the qualified State or local entity has a pending purchase offer for any of the permanent conversation easements at the time of receiving the grant; and ``(B) shall use the grant funds only for the purchase of permanent conservation easements. ``(c) Grant Agreements.-- ``(1) In general.--The Secretary, acting through the Natural Resources Conservation Service, may enter into agreements with qualified State or local entities, under which a State or local entity may purchase permanent conservation easements using a combination of the funds of the entity and grant funds made available by the Secretary under subsection (b). ``(2) Terms and conditions.-- ``(A) In general.--Subject to subparagraph (B), an agreement described in paragraph (1) shall stipulate the terms and conditions under which qualified State or local entities shall use grant funds distributed by the Secretary under subsection (b). ``(B) Requirements.--Each agreement shall-- ``(i) authorize the State or local entity to determine the criteria and priorities of the entity for purchasing permanent conservation easements; ``(ii) authorize the State or local entity to establish terms and conditions for permanent conservation easements, if the attorney general of the State in which the farm or ranch is located certifies to the Secretary that State law permits the State or local entity to achieve and permit effective enforcement of the conservation purposes of the permanent conservation easements; and ``(iii) not require a Federal contingent right of enforcement or reversionary interest in the permanent conservation easement, if the attorney general of the State in which the farm or ranch is located certifies to the Secretary that the State has a direct or contingent right of enforcement or reversionary interest in the permanent conservation easement. ``(C) Amount of matching funds.-- ``(i) In general.--The Secretary shall determine the percentage of matching funds (up to 100 percent) that each qualified State or local entity is required to provide as a condition of receiving a grant under subsection (b) based on the proposal submitted by the qualified State or local entity. ``(ii) Requirements.--A proposal described in clause (i) shall include a description of-- ``(I) the amount of matching funds of the qualified State or local entity available for the purchase of permanent conservation easements; and ``(II) the commitment of the qualified State or local entity to achieve the priorities of the program.''; (3) in subsection (d) (as redesignated by paragraph (1)) by striking ``Any'' and inserting ``Notwithstanding subsection (c)(2)(B)(ii), any''; (4) in paragraph (1) of subsection (e) (as redesignated by paragraph (1))-- (A) in subparagraph (A), by striking ``exceed'' and all that follows through ``land.'' and inserting the following: ``exceed the higher of-- ``(i) 50 percent of the appraised fair market value of the conservation easement or other interest in eligible land; or ``(ii) if a qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) of at least 25 percent of the market value is made by the landowner in connection with the purchase of a conservation easement or other interest in land, two-thirds of the actual cost of purchasing the conservation easement or other interest in land.''; and (B) in subparagraph (B)-- (i) by striking ``an eligible'' and inserting ``a qualified State or local agency or other eligible''; (ii) by striking ``charitable donation'' and inserting ``qualified conservation contribution''; and (iii) by striking ``25'' and inserting ``50''; and (5) by adding at the end the following: ``(f) Performance Measures.--The Secretary shall establish performance measures for farm and ranch land protection, including performance measurements for qualified State and local entities that receive funding under this section. ``(g) Program Coordination.--The Secretary shall carry out the program under this section and the grassland reserve program under subchapter C with a minimum amount of program redundancy, considering the unique role of each program. ``(h) Availability of Funds.--Grant funds and technical assistance made available to a qualified State or local entity under this section shall remain available for a period of time that the Secretary considers to be reasonable (but not less than 18 months) to allow the qualified State or local entity to finalize the purchase of permanent conservation easements in accordance with the grant agreement.''.

Farm and Ranch Land Protection Flexibility Act of 2006 - Amends the Food Security Act of 1985 to revise the farmland protection program. Includes as eligible program land woodlots, wooded corners, and forested riparian areas that comprise up to 50% of the offered acreage. Defines: (1) "permanent conservation easement"; and (2) "qualified state or local entity." Gives priority to farm and ranchland: (1) with prime, unique, or other productive soils at risk of nonagricultural development; (2) that will stay in production agriculture; (3) in rural communities that face intense conversion pressure; (4) in areas that have locally-led land-use planning and zoning strategies; and (5) in watersheds that would benefit most from the protection of farm and ranch resources. Provides for: (1) grants to eligible state or local entities to purchase permanent conservation easements; and (2) grant agreements with eligible state or local entities to purchase conservation easements using a combination of their own funds and grant funds. Sets forth matching grant and performance standard provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Medical Review Act of 1999''. SEC. 2. SPECIAL RULES FOR GROUP HEALTH PLANS. Section 503 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1133) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 503.''; (2) by inserting ``(other than a group health plan)'' after ``employee benefit plan''; and (3) by adding at the end the following new subsections: ``(b) Special Rules for Group Health Plans.-- ``(1) In general.--The claims procedures required by this section shall include-- ``(A) notification to a participant or beneficiary of the participant or beneficiary's right to appeal an adverse determination to a utilization review agent; ``(B) notification to a participant or beneficiary of the participant or beneficiary's right to appeal an adverse determination of a utilization review agent to an independent review organization; ``(C) notification to a participant or beneficiary of the procedures for appealing an adverse determination to an independent review organization; ``(D) notification to a participant or beneficiary who has a life-threatening condition of the participant or beneficiary's right to immediate review by an independent review organization and the procedures to obtain such review; and ``(E) procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan. ``(c) Appeal of Adverse Determination.--In a case in which an employee benefit plan denies a claim for benefits under the plan to a participant or beneficiary, such participant or beneficiary may appeal such adverse determination to a utilization review agent. The procedures for appeals shall be reasonable and shall include the following: ``(1) A provision indicating that a participant or beneficiary, a person acting on behalf of the participant or beneficiary, or the participant or beneficiary's physician or health care provider may appeal the adverse determination orally or in writing. ``(2) A provision that the utilization review agent shall send to the appealing party, within 5 working days after receipt of a written appeal, a letter acknowledging the date of the utilization review agent's receipt of the appeal and including a reasonable list of documents needed to be submitted by the appealing party to the utilization review agent for the appeal. ``(3) In a case in which a utilization review agent receives an oral appeal of adverse determination, the utilization review agent shall send a one page appeal form to the appealing party. ``(4) A provision that appeal decisions shall be made by a physician, provided that, if the appeal is denied and within 10 working days the health care provider sets forth in writing good cause for having a particular type of a specialty provider review the case, the denial shall be reviewed by a health care provider in the same or similar specialty as typically manages the medical, dental, or specialty condition, procedure, or treatment under discussion for review of the adverse determination, and such specialty review shall be completed within 15 working days of receipt of the request. ``(5) A method for an expedited appeal procedure for emergency care denials, denials of care for life threatening conditions, and denials of continued stays for hospitalized patients. Such procedure shall include a review by a health care provider who has not previously reviewed the case who is of the same or a similar specialty as typically manages the medical condition, procedure, or treatment under review. The time frame in which such appeal must be completed shall be based on the medical or dental immediacy of the condition, procedure, or treatment, but may in no event exceed one working day from the date all information necessary to complete the appeal is received. ``(6) A provision that after the utilization review agent has sought review of the appeal of the adverse determination, the utilization review agent shall issue a response letter to the patient, person acting on behalf of the patient, or the patient's physician or health care provider explaining the resolution of the appeal. Such letter shall include a statement of the specific medical, dental, or contractual reasons for the resolution, the clinical basis for such decision, and the specialization of any physician or other provider consulted. ``(7) Written notification to the appealing party of the determination of the appeal, as soon as practical, but in no case later than 30 days after the date of the utilization review agent receives the appeal. ``(d) Independent Review of Adverse Determinations.-- ``(1) In general.--In a case in which an appeal of an adverse determination is denied by a utilization review agent, a participant or beneficiary may seek review of such adverse determination from an independent review organization. ``(2) Elements of independent review process.-- ``(A) In general.--The independent review process under this subsection shall be conducted by an independent review organization and shall ensure-- ``(i) a timely response by the independent review organization; ``(ii) confidentiality of medical records transmitted for use in the review process; ``(iii) the independence of each health care provider or physician making review determinations as part of an independent review organization; and ``(iv) timely notice to the participant or beneficiary of the results of the independent review, including the clinical basis for the determination. ``(B) Information provided to the independent review organization.--Not later than 3 business days after the date that an independent review organization receives a request for a review of an adverse determination of a utilization review agent, such utilization review agent shall provide to the appropriate independent review organization-- ``(i) any medical records of the participant or beneficiary that are relevant to the review; ``(ii) any documents used by the utilization review agent in making the determination that is to be reviewed by the organization; ``(iii) written notification to the participant or beneficiary indicating the clinical basis for the denial of the appeal; ``(iv) any documentation and written information submitted to the utilization review agent in support of the appeal; and ``(v) a list of each physician or health care provider who has provided care to the participant or beneficiary and who may have medical records relevant to the appeal. ``(C) Timelines for determinations by independent review organization.-- ``(i) In general.--An independent review organization shall make its determination not later than the earlier of-- ``(I) the 15th day after the date the independent review organization receives the information necessary to make the determination; or ``(II) the 20th day after the date the independent review organization receives the request that the determination be made. ``(ii) Life-threatening condition.--In the case of a life-threatening condition, an independent review organization shall make its determination not later than the earlier of-- ``(I) the 5th day after the date the independent review organization receives the information necessary to make the determination; or ``(II) the 8th day after the date the independent review organization receives the request that the determination be made. ``(3) Certification of independent review organizations.-- ``(A) In general.--To be treated as an independent review organization, an organization must be certified by the Secretary. ``(B) Application for certification.--To be certified by the Secretary as an independent review organization, an organization shall submit on an annual basis to the Secretary an application which shall include the following information: ``(i) Any applicant that is a publicly held organization shall include the name of each stockholder or owner of more than 5 percent of any stock or options. ``(ii) The name and type of business of each corporation or other organization that the applicant controls or is affiliated with and the nature and extent of the affiliation or control. ``(iii) The name of any holder of bonds or notes of the applicant that exceed $100,000. ``(iv) The name and a biographical sketch of each director, officer, and executive of the applicant. ``(v) A description of any relationship the individuals in clauses (iii) and (iv) have with-- ``(I) a provider of health insurance coverage; ``(II) a health maintenance organization; ``(III) a utilization review agent; ``(IV) a nonprofit health corporation; ``(V) a payor; ``(VI) a health care provider; or ``(VII) a group representing any of the entities described in subclauses (I) through (VII). ``(vi) The percentage of the applicant's revenues that are anticipated to be derived from reviews conducted under this subsection. ``(vii) A description of the areas of expertise of the health care professionals making review determinations for the applicant. ``(viii) The procedures to be used by the independent review organization in making review determinations with respect to reviews conducted under this section. ``(4) Independent review determination binding on plan.-- ``(A) In general.--Subject to subparagraph (B), the determination by an independent review organization under this subsection shall be treated as the final decision of the plan. ``(B) Vacation or modification of decision.--The determination by an independent review entity under this section may be vacated or modified by a court under the same circumstances as the decision of an arbitrator may be vacated or modified under sections 10 and 11 of title 9, United States Code. ``(5) Independence requirement.--An independent review organization may not be a subsidiary of, or in any way owned or controlled by a payor or a trade or professional association of a payor. ``(6) Waiver of liability.--An independent review organization conducting a review under this section is not liable for damages arising from the determination made by the organization. ``(e) Definitions.--For purposes of this section: ``(1) Adverse determination.--The term `adverse determination' means determination by a group health plan or a utilization review agent that the health care services furnished or proposed to be furnished to a participant or beneficiary are not medically necessary. ``(2) Health care provider.--The term `health care provider' means-- ``(A) any individual who is engaged in the delivery of health care services in a State and who is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State; and ``(B) any entity that is engaged in the delivery of health care services in a State and that, if it is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State, is so licensed. ``(3) Life-threatening condition.--The term `life- threatening condition' means a disease or other medical condition with respect to which death or serious bodily injury is probable unless the course of the disease or condition is interrupted. ``(4) Payor.--The term `payor' means-- ``(A) an insurer writing health insurance policies; ``(B) any preferred provider organization, or health maintenance organization, self-insurance plan; or ``(C) any person or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to an individual treated by a health care provider. ``(5) Utilization review agent.--The term `utilization review agent' means an entity that conducts utilization review for-- ``(A) an employer with employees who are covered under a group health plan; ``(B) a payor; or ``(C) an administrator. ``(6) Working day.--The term `working day' means a weekday, excluding any legal holiday.''.

Requires group health plan claims procedures to include procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan, as well as notifications to participants or beneficiaries of their rights to: (1) appeal adverse determinations to utilization review agents of the plan; (2) appeal adverse determinations of such utilization review agents to independent review organizations (with procedures for such appeal); and (3) obtain immediate review by an independent review organization in cases of life-threatening conditions (with procedures for obtaining such review). Sets forth requirements for: (1) procedures for appeals of adverse decisions to the plan's utilization review agent; (2) the independent review process; and (3) certification of independent review organizations by the Secretary of Labor. Treats the independent review organization's determination as the final decision of the plan, but allows a court to vacate or modify such determination under certain circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Defense Force Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Domestic threats to national security and the increased use of National Guard forces for out-of-State deployments greatly increase the potential for service by members of State defense forces established under section 109(c) of title 32, United States Code. (2) The efficacy of State defense forces is impeded by lack of clarity in the Federal regulations concerning those forces, particularly in defining levels of coordination and cooperation between those forces and the Departments of Defense and Homeland Security. (3) The State defense forces suffer from lack of standardized military training, arms, equipment, support, and coordination with the Departments of Defense and Homeland Security and other Federal agencies as a result of real and perceived Federal regulatory impediments. SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES. (a) Recognition and Support.--Section 109 of title 32, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (l) and (m), respectively; and (2) by inserting after subsection (c) the following new subsections: ``(d) Recognition.--Congress hereby recognizes forces established under subsection (c) as an integral military component of the homeland security effort of the United States, while reaffirming that those forces remain entirely State regulated, organized, and equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law. ``(e) Assistance by Department of Defense.--(1) The Secretary of Defense may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) and subject to the provisions of this section. ``(2) The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would-- ``(A) impede the ability of the Department of Defense to execute missions of the Department; ``(B) take resources away from warfighting units; ``(C) incur nonreimbursed identifiable costs; or ``(D) consume resources in a manner inconsistent with the mission of the Department of Defense. ``(f) Assistance by Department of Homeland Security.--The Secretary of Homeland Security may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) if so authorized by State law, and subject to the provisions of this section. ``(g) Use of Department of Defense Property and Equipment.--The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty. ``(h) Transfer of Excess Equipment.--(1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that the Secretary determines is-- ``(A) excess to the needs of the Department of Defense; and ``(B) suitable for use by a force established under subsection (c). ``(2) The Secretary of Defense may transfer personal property under this section only if-- ``(A) the property is drawn from existing stocks of the Department of Defense; ``(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis; ``(C) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and ``(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. ``(3) Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient force established under subsection (c). ``(i) Federal/State Training Coordination.--(1) Participation by a force established under subsection (c) in a training program of the Department of Defense or Department of Homeland Security is at the discretion of the State. ``(2) Nothing in this section may be construed as requiring the Department of Defense or Department of Homeland Security to provide any training program to any such force. ``(3) Any such training program shall be conducted in accordance with an agreement between-- ``(A) the Secretary of Defense or Secretary of Homeland Security, as the case may be; and ``(B) the State or the force established under subsection (c) if so authorized by State law. ``(4) Any direct costs to the Department of Defense of providing training assistance to a force established under subsection (c) shall be reimbursed by the State. Any agreement under paragraph (3) between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs. ``(j) Federal Funding of State Defense Forces.--Funds available to the Department of Defense may not be made available to a State defense force. ``(k) Liability.--Any liability for injuries or damages incurred by a member of a force established under subsection (c) while engaged in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was incurred on United States property or involved United States equipment or whether the member was under direct supervision of United States personnel at the time of the incident.''. (b) Definition of State.-- (1) Definition.--Such section is further amended by adding at the end the following new subsection: ``(n) State Defined.--In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (2) Conforming amendments.--Such section is further amended in subsections (a), (b), and (c) by striking ``a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands'' each place it appears and inserting ``a State''. (c) Stylistic Amendments.--Such section is further amended-- (1) in subsection (a), by inserting ``Prohibition on Maintenance of Other Troops.--'' after ``(a)''; (2) in subsection (b), by inserting ``Use Within State Borders.--'' after ``(b)''; (3) in subsection (c), by inserting ``State Defense Forces Authorized.--'' after ``(c)''; (4) in subsection (l), as redesignated by subsection (a)(1), by inserting ``Effect of Membership in Defense Forces.--'' after ``(l)''; and (5) in subsection (m), as redesignated by subsection (a)(1), by inserting ``Prohibition on Reserve Component Members Joining Defense Forces.--'' after ``(m)'' (d) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 109. Maintenance of other troops: State defense forces''. (2) Clerical amendment.--The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows: ``109. Maintenance of other troops: State defense forces.''.

State Defense Force Improvement Act - Recognizes state defense forces as integral military components of the homeland security effort of the United States, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law. Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense (DOD) property, arms, equipment, and facilities) to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security (DHS) training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty.

SECTION 1. PERMANENT MODIFICATION OF INDIVIDUAL RATE BRACKETS. (a) Married Individuals Filing Joint Returns and Surviving Spouses.--The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $19,050..................... 10% of taxable income. Over $19,050 but not over $77,400.... $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000.. $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000.. $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000.. $91,379, plus 35% of the excess over $400,000. Over $600,000........................ $161,379, plus 37% of the excess over $600,000.''. (b) Heads of Households.--The table contained in subsection (b) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $13,600..................... 10% of taxable income. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500.... $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $44,298, plus 35% of the excess over $200,000. Over $500,000........................ $149,298, plus 37% of the excess over $500,000.''. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--The table contained in subsection (c) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $45,689.50, plus 35% of the excess over $200,000. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. (d) Married Individuals Filing Separate Returns.--The table contained in subsection (d) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. Over $300,000........................ $80,689.50, plus 37% of the excess over $300,000.''. (e) Estates and Trusts.--The table contained in subsection (e) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $2,550...................... 10% of taxable income. Over $2,550 but not over $9,150...... $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500..... $1,839, plus 35% of the excess over $9,150. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. (f) Adjustment for Inflation.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2018''; (2) by striking ``determined--'' and all that follows in paragraph (2)(A) and inserting ``determined by substituting `2017' for `2016' in paragraph (3)(A)(ii),''; (3) by striking ``a married individual filing a separate return'' in paragraph (7)(B) and inserting ``any unmarried individual other than a surviving spouse or head of household''; (4) by striking ``married individuals filing separately'' in the heading of subparagraph (B) of paragraph (7) and inserting ``certain unmarried individuals''; and (5) by striking paragraph (8). (g) Special Rules for Certain Children With Unearned Income.-- Subsection (g) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraphs (1), (3), and (5); (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (5), (7), and (8), respectively; (3) by redesignating paragraph (2) as paragraph (6) and by moving such paragraph to the position between paragraphs (5) and (7) (as so redesignated); (4) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: ``(1) In general.--In the case of a child to whom this subsection applies for the taxable year, the amount of tax imposed by this section on such child shall be determined as provided in paragraphs (2) and (3). ``(2) Modifications to applicable rate brackets.--The income tax table otherwise applicable under this section to the child shall be applied with the following modifications: ``(A) 24-percent bracket.--The maximum taxable income which is taxed at a rate below 24 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 24-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(B) 35-percent bracket.--The maximum taxable income which is taxed at a rate below 35 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 35-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(C) 37-percent bracket.--The maximum taxable income which is taxed at a rate below 37 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 37-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(3) Coordination with capital gains rates.--For purposes of applying subsection (h)-- ``(A) the maximum zero rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(A)(iv) for the taxable year, and ``(B) the maximum 15-percent rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(B)(iv) for the taxable year. ``(4) Earned taxable income.--For purposes of this subsection, the term `earned taxable income' means, with respect to any child for any taxable year, the taxable income of such child reduced (but not below zero) by the net unearned income of such child.''; and (5) by striking ``paragraph (4)(A)(ii)(I)'' each place it appears in subparagraphs (A)(ii), (B)(i), and (B)(ii)(II) of paragraph (8) (as so redesignated) and inserting ``paragraph (5)(A)(ii)(I)''. (h) Capital Gains Brackets.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``which would (without regard to this paragraph) be taxed at a rate below 25 percent'' in paragraph (1)(B)(i) and inserting ``below the maximum zero rate amount''; (2) by striking ``which would (without regard to this paragraph) be taxed at a rate below 39.6 percent'' in paragraph (1)(C)(ii)(I) and inserting ``below the maximum 15-percent rate amount''; and (3) by adding at the end the following new paragraph: ``(12) Maximum amounts defined.--For purposes of this subsection-- ``(A) Maximum zero rate amount.--The maximum zero rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $77,200, ``(ii) in the case of an individual who is a head of household (as defined in section 2(b)), $51,700, ``(iii) in the case of any other individual (other than an estate or trust), an amount equal to \1/2\ of the amount in effect for the taxable year under clause (i), and ``(iv) in the case of an estate or trust, $2,600. ``(B) Maximum 15-percent rate amount.--The maximum 15-percent rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $479,000 (\1/2\ such amount in the case of a married individual filing a separate return), ``(ii) in the case of an individual who is the head of a household (as defined in section 2(b)), $452,400, ``(iii) in the case of any other individual (other than an estate or trust), $425,800, and ``(iv) in the case of an estate or trust, $12,700. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2018, each of the dollar amounts in subparagraphs (A) and (B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (i) Conforming Amendments.-- (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) of such Code is amended by striking ``third lowest'' and inserting ``fourth lowest''. (j) Section 15 Not To Apply.--Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of this section. (k) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

This bill amends the Internal Revenue Code to make permanent provisions included in P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act) that: (1) reduced the individual tax rates, and (2) modified the taxation of the unearned income of children. The existing individual tax rates (10%, 12%, 22%, 24%, 32%, 35%, and 37%) are currently scheduled to expire and revert to higher rates at the end of 2025.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Information Presentation Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a substantial lack of consistency in the presentation of information explaining and supporting Federal rulemaking actions when such information is published with proposed and final rules in the Federal Register. (2) This lack of consistency makes it more difficult for the public and Congress to understand rulemaking actions and their justification and to locate particular relevant information. (3) Presidential Executive Order 12866, promulgated September 30, 1993, specifies certain analytical components for Federal rulemaking that provide a useful design for consistent organization of the information presented in Federal Register rulemaking notices. (4) Such a consistent format will facilitate congressional, executive branch, and public review of proposed rulemaking actions. SEC. 3. FORMATTING OF RULEMAKING ENTRIES IN THE FEDERAL REGISTER. (a) Significant Rules.--This section applies to each significant rule that is published in the Federal Register as a general notice of proposed rulemaking, or as a final or interim final substantive rule, under section 553 of title 5, United States Code. (b) Information To Be Included in Proposed, Interim Final, and Final Rules.--Each agency shall, in accordance with a uniform format to be established (after public notice and an opportunity for public comment) by the Office of the Federal Register, include in the preamble (the ``Supplementary Information'') to each such significant rule, both as a proposed and as a final or interim final rule, the information specified in this subsection. (1) Rulemaking status.-- (A)(i) The agency shall describe whether, and if so the reason that, the rule has been determined to be-- (I) a significant rule; or (II) a major rule under section 804(2) of title 5, United States Code. (ii) If the agency determines that a rule is not a significant rule, the agency shall provide the reasons and justifications for such determination using each of the factors described in section 5(3). (B) The agency shall identify the nature and timing of any applicable legal deadline or other good cause for the issuance of the rule more quickly than the normal work schedule would provide. (C) The agency shall provide an explanation as to whether the President, the Vice President, or any official in the Executive Office of the President has waived any provision of any relevant Executive order or related policy directive applicable to the rulemaking. If any cost-benefit analysis, risk assessment, or other evaluation of the rule prepared by the agency displays an important gap in the analytical information relied upon therein, the agency shall provide an explanation as to why it is or is not feasible or reasonable to delay the rulemaking until those gaps in information are filled. (2) Regulatory policy officer.--The agency shall provide the name, telephone number, and position of the regulatory policy officer of the agency responsible at each stage of the regulatory process for fostering the development of effective, innovative, and least burdensome regulations and furthering the principles set forth in any relevant Executive order or related policy directive related to rulemaking. (3) Consultation.--The agency shall describe any consultations with stakeholders, formal advisory bodies, and State, local, or tribal governments under title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) or other applicable authority, identifying the individuals involved and the issues discussed. (4) Need.--The agency shall identify any applicable law requiring the specific rulemaking and separately describe any compelling public need for undertaking the rulemaking, including a detailed explanation of the need for preempting, or regulating instead of, State, local, or tribal governments. (5) Legal authority.--The agency shall identify the specific statutory provisions authorizing the rule, the overall regulatory program involved, and the scope of the statutory discretion of the agency, if any, to regulate and the degree to which the agency is regulating. Except in cases in which the rule has no legal effect other than to implement the literal wording of the applicable law, the agency shall include in the preamble a legal analysis identifying the scope of discretion available to the agency in undertaking the rulemaking. (6) Alternatives considered.--The agency shall identify the principal regulatory alternatives considered by the agency before determining which alternative to propose for public comment, or to adopt in the final or interim final rule. (7) Alternative selected.--Based on the criteria set forth in title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) and any relevant Executive order or related policy directive related to rulemaking, the agency shall identify and explain in reasonable detail the reasons why the agency selected the alternative to be adopted or adopted in the rule. (8) Costs.--The agency shall estimate the direct and indirect costs of the rule, which shall be stated to the extent reasonably possible as monetized costs, quantified costs, or qualitative costs, in that order. (9) Impacts.--The agency shall identify the entities that will be significantly impacted through compliance with the rule, and shall evaluate and describe the nature of the impacts that are anticipated to be caused by the costs to be imposed or other actions the entities are anticipated to take in order to come into compliance with the rule. The agency shall summarize any analysis or evaluation conducted under title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) or chapter 6 of title 5, United States Code, or if the agency did not conduct such an analysis or evaluation, provide an explanation as to why an analysis or evaluation was not performed. (10) Benefits.--The agency shall estimate the direct and indirect benefits of the rule. These benefits shall be stated to the extent possible as monetized benefits, quantified benefits, or qualitative benefits. (11) Certification of compliance.--The agency shall state whether any official in the Executive Office of the President carried out a review of the rule under any relevant Executive order or related policy directive related to rulemaking. If such a review has been carried out, the agency shall briefly describe the individuals involved, the timing of the review process, the procedural actions taken by those involved, and the nature of any issues raised in the course of such review. If any such official found the issuance of the rule to be consistent with the regulatory principles set forth in such Executive order or related policy directive related to rulemaking, the agency shall identify the official, and describe the nature of the communication involved. (c) Additional Information To Be Included in Interim Final and Final Rules.-- (1) In general.--Each agency shall, in accordance with a uniform format to be established (after public notice and opportunity for public comment) by the Office of the Federal Register, include in the preamble (the ``Supplementary Information'') to each such significant rule, as a final or interim final rule, the information specified in this subsection. (2) Significant issues.-- (A) Each agency shall provide a brief description of the significant issues raised-- (i) by the public in a statement placed in the rulemaking file; (ii) in consultations described in subsection (b)(3) by formal advisory bodies; and (iii) by any official in the Executive Office of the President carrying out a review under any relevant Executive order or related policy directive related to rulemaking. (B) If, under subparagraph (A)(iii), an official did not raise any significant issue, the agency shall provide a description to that effect. The agency shall identify and describe any important gap in analytical information relied upon in any cost-benefit analysis, risk assessment, or other evaluation of the rule prepared by the agency, and any assumptions and justification for such assumptions that were used to fill those gaps. (3) Conflict resolution.--The agency shall describe in reasonable detail, both concerning the specific review procedures used and also the substantive concerns raised-- (A) whether the rule was returned to the agency for reconsideration by any official in the Executive Office of the President, the nature of any reasons for such return, and the nature of the response of the agency to such return; (B) the nature of any involvement by the President or Vice President or their respective staff in reviewing the rule, or any earlier version of the rule, submitted for review by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking; and (C) the nature of the resolution of any disagreement involved in such review or return. (4) Significant substantive changes.-- (A) The agency shall provide a brief description of any substantive changes to the rule made-- (i) following the end of the period for public comment and the submission of the draft final or interim final rule for review by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking; and (ii) during any review of the draft final or interim final rule by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking. (B) The agency shall identify the individual primarily responsible for suggesting any such substantive change, if such individual is not within the program office directly responsible for drafting the rule. (5) Cost-benefit determination.--To the extent permitted by law and as applicable, the agency shall provide a reasoned statement explaining the way in which the estimated benefits of the rule justify its estimated costs, as described under subsections (b)(8) and (b)(10), and any other impacts, as described under subsection (b)(9). To the extent that the agency relies upon qualitative benefits to justify the action of the agency, the agency shall also describe the subjective nature and uncertainties inherent in such a statement of qualitative benefits. (d) Good Cause Exception.--When the agency for good cause finds, and incorporates the finding and a brief statement of reasons therefor in the rule, that providing any portion of the information required by subsections (b) and (c) is impracticable, unnecessary, or contrary to the public interest, the agency may issue the rule without providing such portion of the information required. The agency shall identify in the preamble to the rule the portion of the information that is not being provided and shall state the reasons for not providing the preamble and when the preamble will be provided. The agency shall make every reasonable effort to provide such information before the effective date of the rule. SEC. 4. PUBLIC NOTICE. Each agency shall, on an annual basis and in accordance with a schedule and uniform format to be established (after public notice and opportunity for public comment) by the Office of the Federal Register, publish a notice in the Federal Register that contains the following specified statistics: (1) The number of rules published as proposed, interim final, and final rules. (2) The number of rules under paragraph (1) that are discretionary, in contrast to rules the contents of which were specifically mandated by law as described under section 3(b)(5). (3) The number of pages in the Federal Register for each category of rule under paragraphs (1) and (2). (4) The number of those rules that are-- (A) significant rules; and (B) major rules under section 804(2) of title 5, United States Code. (5) The number of those rules reviewed under any relevant Executive order or related policy directive related to rulemaking, the number of rules substantively changed during such reviews, and the number of pertinent actions taken during such reviews. SEC. 5. DEFINITIONS. As used in this Act: (1) The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) The term ``rule'' has the meaning given that term in section 551(4) of title 5, United States Code. (3) The term ``significant rule'' means any agency rulemaking action that is likely to result in a rule that may-- (A) have an annual effect on the economy of $1,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues arising out of legal mandates, the priorities of the President, or the regulatory principles set forth in any relevant Executive order or related policy directive. SEC. 6. EFFECTIVE DATE. This Act shall take effect 90 days after the date of the enactment of this Act.

Regulatory Information Presentation Act of 1998 - Directs each Federal agency, in accordance with a uniform format to be established by the Office of the Federal Register, to include in the preamble to each significant rule, both as a proposed and as a final or interim final rule, information concerning: (1) whether and on what basis the rule has been determined to be or not to be a significant or major rule; (2) any legal deadline or good cause for issuing the rule more quickly than normal; (3) any executive waiver of rule making policy; (4) the identity of the regulatory policy officer responsible at each stage of the regulatory process for the development of the regulations; (5) agency consultations with stakeholders, advisory bodies, and State and local governments; (6) any applicable law requiring, and any compelling public need for, the rule making; (7) the specific legal authority for the rule, the overall regulatory program involved, and the scope of the agency's discretion to regulate; (8) the principal regulatory alternatives considered by the agency; (9) the reasons for selection of the alternative adopted; (10) the rule's costs, impacts, and benefits; and (11) certification of compliance with any relevant rule making review requirements. Requires each agency to also include in the preamble to each significant rule, as a final or interim final rule: (1) a brief description of the significant issues raised by the public, in consultations by formal advisory bodies, and by any official in the Executive Office of the President carrying out a review of the rule making; (2) a description, concerning both the specific review procedures used and the substantive concerns raised, of any reconsideration of the rule of such an official, the nature of any involvement by the President or Vice President or their respective staff in reviewing the rule, and the nature of the resolution of any disagreement involved in such review or return; (3) a brief description of any substantive changes made to the rule during specified periods and the identity of the individual primarily responsible for suggesting any such substantive change if such individual is not within the program office directly responsible for drafting the rule; and (4) a statement explaining how the rule's estimated benefits justify its costs. Permits an agency to issue a rule without providing a portion of the information required if it determines that providing such information is impracticable, unnecessary, or contrary to the public interest. Requires the agency to: (1) identify in the rule's preamble the information omitted, the reasons for the omission, and when the information will be provided; and (2) make every effort to provide the information before the rule's effective date. Requires each agency to publish, annually, a notice in the Federal Register that contains statistics on the number of: (1) rules published as proposed, interim final, and final rules; (2) rules that are discretionary, in contrast to mandated; (3) pages in the Federal Register for each category of rule; (4) significant rules and major rules; and (5) rules reviewed under a rule making policy directive, the number substantively changed, and the number of pertinent actions taken during such reviews.

SECTION 1. SHORT TITLE. This Act may be cited as the ``COBRA Enhancement and Healthcare Relief Act of 2006''. SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Under ERISA.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended-- (1) by amending clause (i) to read as follows: ``(i) General rule.--In the case of a qualifying event not described in section 603(6), the date that is 36 months after the date of the qualifying event.''; (2) by striking clauses (ii), (iv), and (v) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating clause (iii) as clause (ii). (b) Under PHSA.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended to read as follows: ``(A) Maximum required period.--The date that is 36 months after the date of the qualifying event.''. (c) Under IRC.--Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended-- (1) by amending subclause (I) to read as follows: ``(I) General rule.--In the case of a qualifying event not described in paragraph (3)(F), the date that is 36 months after the date of the qualifying event.''; (2) by striking subclauses (II), (IV), and (V) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating subclause (III) as subclause (II). (d) Under FEHBP.--Section 8905a(e) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``18 months'' and inserting ``36 months''; (2) in paragraph (1)(C), by striking ``24 months'' and inserting ``36 months''; and (3) in paragraph (2)(C), by striking ``18-month'' and inserting ``36-month''. (e) Effective Date.--The amendments made by this section shall apply to qualifying events occurring on or after the date that is 18 months before the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR COST OF COBRA CONTINUATION COVERAGE. (a) In General.--Subpart C of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. COBRA CONTINUATION COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for months beginning in the taxable year. ``(b) Limitations.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(2) Monthly limitation.--The monthly limitation for any month is the product of the credit percentage for such month multiplied by the amounts paid by the taxpayer for such month which may be taken into account under subsection (a). ``(3) Credit percentage.--The credit percentage for any month in any period of COBRA continuation coverage is-- ``(A) 100 percent, in the case of the first 12 months of such period, ``(B) 50 percent, in the case of the first 12 months after the months to which subparagraph (A) applies, and ``(C) zero, in the case of any month thereafter. ``(c) Qualifying Family Member.--For purposes of this section, the term `qualifying family member' means the taxpayer's spouse and any dependent of the taxpayer. ``(d) COBRA Continuation Coverage.--For purposes of this section, the term `COBRA continuation coverage' means coverage under a COBRA continuation provision (as defined in section 9832(d)(1)). ``(e) Other Specified Coverage.--Amounts paid for COBRA continuation coverage of any individual for any month shall not be taken into account under subsection (a) if such individual has other specified coverage for such month (within the meaning of section 35(f)). ``(f) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Coordination with other health insurance costs credit.--Amounts taken into account under subsection (a) with respect to coverage for any month shall not be taken into account in determining the credit allowed under section 35. Any taxpayer who would (but for the preceding sentence) be allowed a credit under section 35 may elect not to have this section apply with respect to amounts paid for coverage for any month during the taxable year. ``(4) Medical and health savings accounts.--Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). ``(5) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(6) Separate returns.--The spouse of the taxpayer shall not be treated as a qualifying family member for purposes of this section if the taxpayer files a separate return for the taxable year. ``(7) Insurance which covers other individuals .--For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for COBRA continuation coverage under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. ``(8) Treatment of payments.--For purposes of this section-- ``(A) Payments by secretary.--Payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for cost of COBRA continuation coverage) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(B) Payments by taxpayer.--Payments made by the taxpayer for coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(9) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529.''. (b) Advance Payment of Credit as Premium Payment for COBRA Continuation Coverage.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR COBRA CONTINUATION COVERAGE. ``(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a program for making payments to providers of COBRA continuation coverage (as defined in section 36(d)) on behalf of taxpayers eligible for the credit under section 36. ``(b) Limitations.-- ``(1) Termination after first 12 months of coverage.--The Secretary shall not make any payment under subsection (a) with respect to any individual for COBRA continuation coverage of such individual for any month after the first 12 months of any period of COBRA continuation coverage. ``(2) Dollar limitation.--The Secretary may make payments under subsection (a) only to the extent that the such payment does not exceed 100 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for the months to which such payment relates.''. (c) Disclosure of Return Information for Purposes of Carrying Out Advance Payment Program.-- (1) In general.--Subsection (l) of section 6103 of such Code is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of advance payment of credit as premium payment for cobra continuation coverage.--The Secretary may, on behalf of taxpayers eligible for the credit under section 36, disclose to a provider of COBRA continuation coverage (as defined in section 36(d)), and persons acting on behalf of such provider, return information with respect to any such taxpayer only to the extent necessary (as prescribed by regulations issued by the Secretary) to carry out the program established by section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage).''. (2) Confidentiality of information.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (3) Unauthorized disclosure.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (d) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR COBRA CONTINUATION COVERAGE. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage) with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage), ``(C) the amount entitled to be received for each such month, and ``(D) such other information as the Secretary may prescribe. ``(c) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix), respectively, and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to credit for COBRA continuation coverage),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by adding after subparagraph (BB) the following new subparagraph: ``(CC) section 6050U (relating to returns relating to credit for COBRA continuation coverage).''. (e) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. COBRA continuation coverage.''. (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to credit for COBRA continuation coverage.''. (4) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit as premium payment for COBRA continuation coverage.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid for coverage months beginning after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH INCOMES OVER $1,000,000. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Reduction in Benefit of Rate Reduction for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means, with respect to any taxable year, such percentage as is estimated by the Secretary to result in an increase in the revenues to the Treasury for such taxable year which is equal to the decrease (if any) in the revenues to the Treasury that the Secretary estimates results from the application of sections 36 and 7529 for such taxable year. ``(4) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(5) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Application of EGTRRA Sunset.--The amendment made by this section shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as section 101 of such Act. (d) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

COBRA Enhancement and Health Care Relief Act of 2006 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code, and related federal law provisions to extend from 18 to 36 months the period during which employees and other individuals whose group health care coverage has terminated can continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (known as COBRA continuation coverage). Amends the Internal Revenue Code to: (1) allow individual taxpayers a tax credit for the cost of COBRA continuation coverage; (2) provide for advance payments of such credit to cover current COBRA continuation coverage premiums; and (3) increase tax rates for individuals with adjusted gross incomes over $500,000 ($1 million for married taxpayers filing joint tax returns).

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Charitable Giving Protection Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--AMENDMENTS TO THE SECURITIES LAWS Sec. 101. Amendment to the Investment Company Act of 1940. Sec. 102. Amendment to the Securities Act of 1933. Sec. 103. Amendments to the Securities Exchange Act of 1934. Sec. 104. Amendment of the Investment Advisers Act of 1940. Sec. 105. Effective dates and applicability. TITLE II--CLARIFICATION OF ANTITRUST LAWS Sec. 201. Exemption from antitrust laws. Sec. 202. Effective date and applicability. SEC. 2. FINDINGS. The Congress finds that-- (1) charities have served a unique and essential role in meeting the needs of the American people; (2) charities have healed the sick, fed the hungry, sheltered the needy, and educated our children; (3) in order to ensure that charities can continue to meet the needs of the American people, the Federal Government should do everything possible to encourage charitable giving; (4) charities should be able to raise funds and invest funds, both on their own and collectively with other charities, without excessive Government intervention or unnecessary legal or regulatory requirements; (5) the Congress, in passing the Technical Corrections Act of 1988, differentiated between charitable gift annuities and annuities issued by commercial organizations for profit; and (6) unlike commercial annuities, charitable gift annuities are not issued for profit, and their issuance, maintenance, and investment by charities is not subject to the anticompetitive prohibitions of the Federal antitrust laws. TITLE I--AMENDMENTS TO THE SECURITIES LAWS SEC. 101. AMENDMENT TO THE INVESTMENT COMPANY ACT OF 1940. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended by inserting after paragraph (6) the following new paragraph: ``(7)(A) Subject to subparagraph (B), a pooled income fund, or any collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of-- ``(i) the general endowment fund or other funds of one or more charitable organizations; ``(ii) assets of a pooled income fund; ``(iii) assets contributed to a charitable organization in exchange for the issuance of charitable gift annuities; ``(iv) assets of a charitable remainder trust or of any other trust, the remainder interests of which are irrevocably dedicated to any charitable organization; ``(v) assets of a charitable lead trust; or ``(vi) assets of a trust not described in clauses (i) through (v), the remainder interests of which are revocably dedicated to a charitable organization. ``(B) A fund described in subparagraph (A), and any charitable organization that maintains such a fund, shall be excluded from treatment as an investment company in accordance with this subsection only if-- ``(i) each contributor to a pooled income fund and each settlor of a trust described in clause (iv), (v), or (vi) of subparagraph (A) is provided with written information describing the material terms of the instruments governing the operation of the pooled income fund, in the case of a contributor to such fund, or of the fund in which any assets of such pooled income fund or such a trust are invested, by the later of June 30, 1996, or the date of investment in such fund; and ``(ii) each person soliciting gifts, as described in subparagraph (A), that will be administered in any collective trust fund, collective investment fund, or similar fund maintained by a charitable organization is either a volunteer or is employed in the overall fundraising activities of a charitable organization and receives no commissions or other special compensation based on the amount of gifts transferred to such fund. ``(C) The exemption provided by subparagraph (A)(vi) shall terminate on December 31, 1998. ``(D) For purposes of this paragraph-- ``(i) a trust or fund is `maintained' by a charitable organization that serves as a trustee or administrator of the trust or fund or that has the power to remove the trustees or administrators of the trust or fund and to designate new trustees or administrators; ``(ii) the term `pooled income fund' has the same meaning as in section 642(c)(5) of the Internal Revenue Code of 1986; ``(iii) the term `charitable organization' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; ``(iv) the term `charitable lead trust' means a trust described in section 170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B) of the Internal Revenue Code of 1986; ``(v) the term `charitable remainder trust' means a charitable remainder annuity trust or a charitable remainder unitrust, as those terms are defined in section 664(d) of the Internal Revenue Code of 1986; and ``(vi) the term `charitable gift annuity' means an annuity issued by a charitable organization that is described in section 501(m)(5) of the Internal Revenue Code of 1986.''. SEC. 102. AMENDMENT TO THE SECURITIES ACT OF 1933. Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended by adding at the end the following new paragraph: ``(13) Any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is deemed not to be an investment company under section 3(c)(7) of the Investment Company Act of 1940.''. SEC. 103. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Exempted Securities.--Section 3(a)(12)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended-- (1) in clause (iv) by striking ``and'' at the end; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is deemed not to be an investment company under section 3(c)(7) of the Investment Company Act of 1940; and''. (b) Exemption From Broker-Dealer Provisions.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(c)) is amended by adding at the end the following new paragraph: ``(54) Charitable organizations.--Notwithstanding any other provision of this title, a charitable organization, as defined in section 3(c)(7) of the Investment Company Act of 1940, or any trust- ee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of such person's employment or duties, shall not be deemed to be a `broker', `dealer', `municipal securities broker', `municipal securities dealer', `government securities broker', or `government securities dealer' for purposes of this title solely because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of-- ``(A) such a charitable organization; ``(B) a fund that is exempt from the provisions of the Investment Company Act of 1940 under section 3(c)(7) of that Act; or ``(C) a trust or other donative instrument, the assets of which may be contributed to or invested in such funds in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trust or other instrument.''. SEC. 104. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940. Section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)) is amended-- (1) by striking ``does not include (A) a bank'' and inserting ``does not include-- ``(A) a bank''; (2) by striking ``(B) any lawyer'' and inserting the following: ``(B) any lawyer''; (3) by striking ``(C) any broker'' and inserting the following: ``(C) any broker''; (4) by striking ``(D) the publisher'' and inserting the following: ``(D) the publisher''; (5) by striking ``(E) any person'' and inserting the following: ``(E) any person''; (6) by striking ``or (F) such other'' and inserting the following: ``(G) such other''; and (7) by inserting after subparagraph (E) the following new subparagraph: ``(F) any charitable organization, as defined in section 3(c)(7) of the Investment Company Act of 1940, or any trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of the employment or duties of such person, whose advice, analyses, or reports are provided only to-- ``(i) any such charitable organization; ``(ii) a fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act, or the trustees or administrators of such fund; or ``(iii) a trust or other donative instrument, the assets of which may be contributed to or invested in such fund in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the trustees, administrators, settlors (or potential settlors), or beneficiaries of any such trust or other instrument; or''. SEC. 105. EFFECTIVE DATES AND APPLICABILITY. This title and the amendments made by this title shall apply in all administrative and judicial actions pending on or commenced after the date of enactment of this Act, as a defense to any claim that any person, security, interest, or participation of the type described in this title and the amendments made by this title is subject to the provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or the Investment Advisers Act of 1940, except as otherwise specifically provided in those Acts. SEC. 106. PREEMPTION OF STATE LAW. (a) Registration Requirements.--A security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act, and the offer or sale thereof, shall be exempt from any law of a State that requires registration or qualification of securities. (b) Treatment of Charitable Organizations.--No charitable organization, or any trustee, director, officer, employee, or volunteer of a charitable organization acting within the scope of such person's employment or duties, shall be required to register as, or be subject to regulation as, a dealer, broker, agent, or investment adviser under the laws of any State solely because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of-- (1) a charitable organization; (2) a fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act; or (3) a trust or other donative instrument, the assets of which may be contributed to or invested in such funds in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trusts or other instruments. (c) State Action.--Notwithstanding subsections (a) and (b), during the 3-year period beginning on the date of enactment of this Act, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section. (d) Definitions.--For purposes of this section-- (1) the term ``charitable organization'' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; (2) the term ``security'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. TITLE II--CLARIFICATION OF ANTITRUST LAWS SEC. 201. EXEMPTION FROM ANTITRUST LAWS. (a) In General.--The activities of a charitable organization relating to the issuance, maintenance, or investment of a charitable gift annuity are exempt from the application of the antitrust laws. (b) Definitions.--For purposes of this section-- (1) the term ``antitrust laws'' means-- (A) the Sherman Act (15 U.S.C. 1 et seq.); (B) the Clayton Act (15 U.S.C. 12 et seq.); (C) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (D) any State law that is similar to the Acts referred to in subparagraphs (A) through (C). (2) the term ``charitable organization'' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; (3) the term ``charitable gift annuity'' means an annuity issued by a charitable organization that is described in section 501(m)(5) of the Internal Revenue Code of 1986; and (4) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (c) State Action.--Notwithstanding subsections (a) and (b), during the 3-year period beginning on the date of enactment of this Act, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section. SEC. 202. EFFECTIVE DATE AND APPLICABILITY. The exemption provided for in section 201 shall apply in any judicial or administrative action pending on or commenced after the date of enactment of this Act and shall serve as a defense to any claim that the sale or issuance of a charitable gift annuity is subject to any provision of antitrust laws.

TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act of 2003''. SEC. 2. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990. The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended-- (1) in section 211 (42 U.S.C. 13001) by-- (A) redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively; and (B) inserting after paragraph (5) the following: ``(6)(A) the National Children's Alliance (NCA) is a nationwide not-for-profit membership organization whose members are local Children's Advocacy Centers; ``(B) the NCA's mission is to assist communities seeking to improve their response to child abuse by supporting the development, growth, and continuation of Children's Advocacy Centers (CACs); and ``(C) the NCA provides training, technical assistance, and networking opportunities to CACs nationally; ``(7)(A) CACs are community partnerships committed to a multidisciplinary team approach by professionals pursuing the truth in child abuse investigations; and ``(B) CACs are based in child-friendly facilities that enable law enforcement, prosecutors, child protective services, and the medical and mental health communities to work as a team to investigate, prosecute, and treat child abuse; ``(8)(A) working in partnership with the National Children's Alliance, Regional Children's Advocacy Centers were established by the Office of Juvenile Justice and Delinquency Prevention to provide outreach and assistance to communities seeking to develop a Children's Advocacy Center; and ``(B) Regional Children's Advocacy Centers provide information, consultation, training, and technical assistance helping to establish child-focused programs that facilitate and support coordination among agencies responding to child abuse. Regional Children's Advocacy Centers also provide regional services to help Children's Advocacy Centers already in existence;''; (2) in section 212 (42 U.S.C. 13001a)-- (A) by striking paragraphs (3) and (6); (B) redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) redesignating paragraphs (7), (8), and (9) as paragraphs (5), (6), and (7), respectively; (3) in section 213 (42 U.S.C. 13001b)-- (A) by striking the caption for the section and inserting ``children's advocacy centers''; and (B) in subsection (a), by striking beginning with ``the Administrator'' through paragraph (1) and inserting the following: ``The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall establish Regional Children's Advocacy Centers to-- ``(1) focus attention on child victims by assisting communities to develop and maintain local Children's Advocacy Centers which are child-focused community-oriented facility based programs designed to improve the resources available to children and families affected by child abuse and neglect;''; (C) in subsection (b)(1), by striking ``, in coordination with the Director,''; (D) in subsection (c)-- (i) in paragraph (1), by striking the text and inserting ``The Administrator, in consultation with the National Children's Alliance, shall solicit proposals for assistance under this section when existing contracts with Regional Children's Advocacy Centers are close to expiration.''; and (ii) in paragraph (4)(B), by striking the matter before clause (i) and inserting the following: ``The Administrator shall select proposals for funding that--''; (E) in subsection (d)-- (i) in paragraph (1), by striking ``, in coordination with the Director,''; and (ii) in paragraph (2), by striking ``and the Director''; and (F) by striking subsection (e); (4) in section 214 (42 U.S.C. 13002)-- (A) by amending subsection (a) to read as follows: ``(a) In General.--The Administrator, in consultation with the officials from the Office of Victims of Crime, shall make grants to develop and implement local multidisciplinary child abuse investigations and prosecution programs. The National Children's Alliance shall serve as the subgrantor of these funds.''; and (B) in subsection (b)(1), by striking ``, in coordination with the Director,''; and (5) in section 214B (42 U.S.C. 13004), by amending the text to read as follows: ``(a) Sections 213 and 214.--There are authorized to be appropriated to carry out sections 213 and 214, $15,000,000 for each of fiscal years 2004 through 2008. ``(b) Section 214A.--There are authorized to be appropriated to carry out section 214A, $5,000,000 for each of fiscal years 2004 through 2008.''.

Victims of Child Abuse Act of 2003 - Reauthorizes the Victims of Child Abuse Act of 1990. Revises requirements for the establishment of Regional Children's Advocacy Centers, removing the Director of the National Center on Child Abuse and Neglect from the process. Revises assistance proposal solicitation requirements to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to solicit such proposals when existing contracts with Regional Children's Advocacy Centers are close to expiration. Eliminates the Children's Advocacy Advisory Board. Makes the National Children's Alliance the subgrantor of grants made by the Administrator to develop and implement local multidisciplinary child abuse investigations and prosecution programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Accountability and Improvement Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Historically, courts in the United States have recognized the undeniable differences between adult and youth offenders. (2) While writing for the majority in Roper v. Simmons (125 S. Ct. 1183), a recent Supreme Court decision abolishing use of the death penalty for juveniles, Justice Kennedy declared such differences to be ``marked and well understood''. (3) Notwithstanding such edicts, many youth are being sentenced in a manner that has typically been reserved for adults. These sentences include a term of imprisonment of life without the possibility of parole. (4) The decision to sentence youthful offenders to life without parole is an issue of growing national concern. (5) While there are no youth serving such sentences in the rest of the world, research indicates that there are over 2,500 youth offenders serving life without parole in the United States. (6) The estimated rate at which the sentence of life without parole is imposed on children nationwide remains at least 3 times higher today than it was 15 years ago. (7) The majority of youth sentenced to life without parole are first-time offenders. (8) Sixteen percent of these individuals were age 15 or younger when they committed their crimes. SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD OFFENDERS. (a) In General.-- (1) Requirements.--For each fiscal year after the expiration of the period specified in subsection (d)(1), each State shall have in effect laws and policies under which each child offender who is serving a life sentence receives, not less than once during the first 15 years of incarceration, and not less than once every 3 years of incarceration thereafter, a meaningful opportunity for parole or other form of supervised release. This provision shall in no way be construed to limit the access of child offenders to other programs and appeals which they were rightly due prior to the enactment of this Act. (2) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section. (b) Definition.--In this section and section 4, the term ``child offender who is serving a life sentence'' means an individual who-- (1) is convicted of one or more offenses committed before the individual attained the age of 18; and (2) is sentenced, for such an offense or offenses, to a term of imprisonment of life, or of any number of years exceeding 15 years, cumulatively. (c) Applicability.--This section shall apply to individuals sentenced before, on, or after the date of the enactment of this Act. (d) Compliance and Consequences.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act to be in compliance with this section, except that the Attorney General may grant a 2-year extension to a State that is making a good faith effort to comply with this section. (2) Consequence of noncompliance.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to be in compliance with this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program or otherwise. (3) Reallocation.--Amounts not allocated under a program referred to in paragraph (2) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section. SEC. 4. NOTICE TO VICTIMS. Each State that has in effect laws and policies in accordance with the requirements of section 3 shall, not later than 1 year after the date of compliance with such section-- (1) provide notice to the public of such laws and policies, which shall include-- (A) a description of the opportunities for parole or supervised release available to child offenders who are serving a life sentence, and how those opportunities differ from the laws and policies in effect before compliance with section 3; and (B) the name and contact information of the office, agency, or other entity that may be contacted for additional information about such laws and policies, including the application of such laws and policies to a child offender who is serving a life sentence, by a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by such a child offender; and (2) provide procedures whereby a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by a child offender who is serving a life sentence may, upon request, receive information about the specific opportunities for parole or supervised release to be provided to such child offender in accordance with such laws and policies, including dates of parole or supervised release hearings and notice of decisions granting or denying parole or supervised release. SEC. 5. ESTABLISHING A PARALLEL SYSTEM FOR CHILD OFFENDERS SERVING LIFE SENTENCES AT THE FEDERAL LEVEL. Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a) by striking ``A prisoner'' and inserting ``Except as otherwise provided by law, a prisoner''; and (2) by adding at the end the following: ``(g) Opportunity for Release for Child Offenders Serving a Life Sentence.--Not later than 1 year after the date of the enactment of this subsection, the Attorney General shall establish and implement a system of opportunity for release that will apply to child offenders who are serving a life sentence (as defined in section 3 of the Juvenile Justice Accountability and Improvement Act of 2009) for Federal offenses. The system shall conform as nearly as practicable to the laws and policies required of a State under section 3(a) of such Act and shall include provision for the same or similar notice to victims as States are required to provide under section 4 of such Act. The system shall be in addition to any other method of release that might apply to such an offender.''. SEC. 6. GRANTS TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING OR SERVING LIFE IN PRISON. (a) Grants Authorized.--The Attorney General shall, subject to the availability of appropriations, award grants to States to improve the quality of legal representation of certain child defendants and child offenders by providing for competent legal representation for individuals who-- (1) are charged with committing an offense, before the individual attained the age of 18, that is subject to a sentence that may include a term of imprisonment of life, or the functional equivalent in years or more; or (2) are convicted of an offense committed before the individual attained the age of 18, and are sentenced to a term of imprisonment of life, or the functional equivalent in years or more, for that offense, and who seek appellate or collateral relief, including review in the Supreme Court of the United States. (b) Legal Representation.--In this section, the term ``legal representation'' means legal counsel and investigative, expert, and other services necessary for competent representation. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

Juvenile Justice Accountability and Improvement Act of 2009 - Requires states to: (1) enact laws and adopt policies to grant child offenders who are serving a life sentence a meaningful opportunity for parole or supervised release at least once during their first 15 years of incarceration and at least once every three years thereafter; and (2) provide notice of such laws and policies to the public and to victims of child offenders. Defines "child offender who is serving a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of imprisonment for life or a term exceeding 15 years. Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Safety Integrity Employment Act''. SEC. 2. PROFESSIONAL RESPONSIBILITY INTEGRITY PERIOD. (a) In General.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30107. Restriction on certain employment activities. ``(a) NHTSA Employees.-- ``(1) In general.--A individual to whom this subsection applies who is employed by the National Highway Traffic Safety Administration may not commence employment with, or otherwise advise, provide assistance to, or represent for compensation, a manufacturer or other person subject to regulation under this chapter during the 36-month period commencing upon that individual's termination of employment with the National Highway Traffic Safety Administration if such employment, advice, assistance, or representation involves-- ``(A) written or oral communication with the National Highway Traffic Safety Administration on any matter relating to compliance with the requirements of this chapter on behalf of the manufacturer or person; ``(B) representing or advising a manufacturer with respect to a motor vehicle safety or fuel economy issue, including any defect related to motor vehicle safety, compliance with a motor vehicle safety standard, or compliance with an average fuel economy standard prescribed under chapter 329 of this title; or ``(C) assisting a manufacturer in responding to a request for information from the National Highway Traffic Safety Administration. ``(2) Application.-- ``(A) In general.--This subsection applies to any individual-- ``(i) to whom section 207 (c) or (d) of title 18 applies; or ``(ii) whose responsibilities during his or her last 12 months of employment at the National Highway Traffic Safety Administration included administrative, managerial, supervisory, legal, or senior technical responsibility for any motor vehicle safety- related program or activity. ``(3) Safe harbor.--This subsection does not apply to any individual employed by a manufacturer or other person subject to regulation under this chapter as of the date of enactment of the Motor Vehicle Safety Integrity Employment Act. ``(b) Manufacturers.--It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 36-month period commencing on the individual's termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period.''. (b) Civil penalty.--Section 30165(a) of title 49, United States Code, is amended by adding at the end the following: ``(4) Section 30107.--An individual who violates section 30107(a) is liable to the United States Government for a civil penalty as determined under section 216(b) of title 18 for an offense under section 207 of that title. A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty of the sum of-- ``(A) an amount equal to not less than $100,000; and ``(B) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred.''. (c) Conforming Amendment.--The table of contents for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following: ``30107. Restriction on certain employment activities.''. SEC. 3. STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON OFFICIAL COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY ISSUE EMPLOYEES. Within 1 year after the date of enactment of this Act the Department of Transportation Inspector General shall-- (1) review the Department's policies and procedures applicable to official communication with former employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Department, including any limitations on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor vehicle safety issues; and (2) submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Inspector General's findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the ability of the Department to employ and retain highly qualified individuals for such responsibilities. SEC. 4. POST-EMPLOYMENT POLICY STUDY. (a) In General.--The Department of Transportation Inspector General shall conduct a study of the Department's policies relating to post- employment restrictions on employees who perform functions related to transportation safety. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit a report containing the results of the study conducted under subsection (a) to-- (1) the Senate Committee on Commerce, Science, and Transportation; (2) the House of Representatives Committee on Energy and Commerce; and (3) the Secretary of Transportation. (c) Use of Results.--The Secretary of Transportation shall review the results of the study and take whatever action the Secretary determines to be appropriate.

Motor Vehicle Safety Integrity Employment Act - Prohibits National Highway Traffic Safety Administration (NHTSA) employees, during the 36-month period following the employee's termination of employment with NHTSA, from commencing employment with, or otherwise advising, assisting, or representing for compensation a manufacturer or other person subject to federal motor vehicle safety regulation, if such position or activity involves: (1) communicating with NHTSA regarding motor vehicle safety compliance; (2) representing or advising a manufacturer regarding compliance with motor vehicle safety or average fuel economy standards; or (3) assisting a manufacturer in responding to a NHTSA request for information. Prohibits a motor vehicle manufacturer or other person from employing NHTSA employees in any such prohibited capacity during the 36-month period following the employee's termination of employment with NHTSA. Prescribes civil penalties for violations of this Act. Directs the Inspector General of the Department of Transportation (DOT) to study and report to specified congressional committees on DOT policies and procedures regarding: (1) official communication with former motor vehicle safety employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at DOT; and (2) post-employment restrictions on employees who perform transportation safety functions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Oil Speculation Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) skyrocketing energy prices in oil and gas are damaging families of the United States, as well as the economy, foreign policy, and national security of the United States; (2) while there are a number of reasons for increasing energy costs, a large part of the problem appears to be from excessive speculation in petroleum in the futures markets; (3) oil and gas prices result from the prices established in the petroleum futures markets; (4) in the early 20th century, speculators were trading commodities to make money at the expense of farmers and families of the United States; (5) Congress stopped that action by enacting the Commodities Exchange Act (7 U.S.C. 1 et seq.), which was reinforced later when Congress established the Commodity Futures Trading Commission (referred to in this section as the ``Commission''), both of which were designed to ensure that the futures markets worked free of fraud, manipulation, and excessive speculation; (6) the Commission accomplished this (directly or through delegated authority) primarily by promulgating rules and regulations that required the disclosure of trading information and that limited speculative trading; (7) Congress made it clear in the Commodities Exchange Act and in the establishment of the Commission that the petroleum futures markets exist for legitimate hedging of actual, physical commercial products that are bought and sold today, but are to be delivered in the future; (8) for a long time after enactment and enforcement of that Act (including rules and regulations), the prices generated in the petroleum futures markets were based largely on fundamental factors relating to supply and demand for oil and gas in the United States and world markets; (9) those prices no longer appear to be based on those factors, as excessive speculation appears to have, once again, hijacked the petroleum futures markets and sent oil and gas prices soaring; (10) some experts have concluded that as much as 30 to 50 percent of the recent increase in the price of oil may be due to manipulation or excessive speculation in the petroleum futures markets; (11) some experts have estimated that as much as 70 percent of the trading in the petroleum futures markets is by speculators rather than commercial parties seeking to hedge the risk of the future delivery of an actual physical product and their counterparties; (12) the excessive speculation appears to have resulted, in part, from a variety of actions by the Commission (including the issuance of exemptions, exclusions, and no action letters), technology changes, and threats by market participants to take their business outside the regulated United States markets to overseas unregulated markets in which the participants may not have to disclose their trading activities and will be subject to less regulation designed to protect markets and consumers; (13) the petroleum futures markets must be restored to their original intent and purpose, which is legitimate hedge trading directly involving commercial parties and in which manipulation and excessive speculation are eliminated; (14) the Commission is the primary regulator of the petroleum futures markets and has ample existing investigative and regulatory authority to end manipulation and excessive speculation and to do so quickly; (15) Congress acknowledges that the Commission announced on May 29, 2008, that the Commission was conducting a broad and far-reaching investigation into the national and international crude markets (including into oil trading on regulated and unregulated exchanges, over the counter trading, cash trades, and storage, pipeline operations, shipping, and transportation generally) to determine if there was or is any improper manipulation or excessive speculation; and (16) the announced investigation by the Commission is a good start, but it is only a start and much more needs to be done quickly. SEC. 3. ELIMINATION OF MANIPULATION AND EXCESSIVE SPECULATION AS CAUSE OF HIGH OIL AND GAS PRICES. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended by adding at the end the following: ``(f) Elimination of Manipulation and Excessive Speculation as Cause of High Oil and Gas Prices.-- ``(1) Duty of commission.-- ``(A) In general.--In accordance with subparagraph (B), the Commission shall use the authority provided under this Act to restore the petroleum futures markets to the original purpose and intent of the markets by eliminating manipulation and excessive speculation by investigation, regulation, and rulemaking. ``(B) Consideration of findings.--In carrying out subparagraph (A), the Commission shall take into account each finding described in section 2 of the End Oil Speculation Act of 2008 (including paragraphs 2, 4 through 7, and 10 through 14 of section 2 of that Act). ``(2) Legitimate hedge trading.-- ``(A) In general.--In carrying out this Act, the Commission shall distinguish between-- ``(i) trading involving transactions by commercial producers and purchasers involving actual physical petroleum products for future delivery (referred to in this subsection as `legitimate hedge trading'); and ``(ii) all other trading; ``(B) Inclusion.--For purposes of this subsection, legitimate hedge trading shall include counterparties to a transaction by commercial producers and purchasers involving actual physical petroleum products for future delivery regardless of whether the counterparties are commercial producers or purchasers of the physical products. ``(3) Type of trading.--Notwithstanding any other provision of this Act, the Commission shall modify (or delegate any appropriate entity to modify) such definitions, classifications, and data collection under this Act as is necessary to ensure that all direct and indirect parties and counterparties to all trades in the petroleum futures market are distinctly, clearly, and correctly identified for all purposes as engaging in-- ``(A) legitimate hedge trading; or ``(B) any other type of trading. ``(4) Elimination of excessive speculation.-- ``(A) In general.--Notwithstanding any other provision of this Act, the Commission shall review all regulations, rules, exemptions, exclusions, guidance, no action letters, orders, and other actions taken by or on behalf of the Commission (including any action or inaction taken pursuant to delegated authority by an exchange, self-regulatory organization, or any other entity) regarding all petroleum futures market participants or market activity (referred to in this subsection individually as a `prior action') to ensure that only legitimate hedge trading occurs and that excessive speculation is eliminated. ``(B) Prior action.-- ``(i) In general.--The Commission shall revoke or modify the application after the date of enactment of this subsection of any prior action taken by the Commission (including any prior action taken pursuant to delegated authority by any other entity) with respect to any trade on any market, exchange, foreign board of trade, swap or swap transaction, index or index market participant or trade, hedge fund, pension fund, and any other transaction, trade, trader, or petroleum futures market activity that is not a legitimate hedge trade. ``(ii) Revocation.--In carrying out this subparagraph, the Commission shall consider revoking the results of each prior action that, in whole or in part, has the direct or indirect affect of limiting, reducing, or eliminating-- ``(I) the full applicability of position limits on any trading that is not legitimate hedge trading; or ``(II) the filing of any report or data regarding any direct or indirect trade or trader, including the filing of large trader reports. ``(C) Different rules or regulations.-- ``(i) In general.--The Commission shall apply different rules and regulations to legitimate hedge trading and any other transactions, trades, traders, or petroleum futures market activity in a manner that accomplishes the purposes of this subsection. ``(ii) Margin requirements.--In carrying out this subparagraph, the Commission shall modify the purpose of margin requirements from credit protection only to include discouraging excessive speculation by setting margin requirements of at least 25 percent for any trading that is not legitimate hedge trading. ``(5) Regulation.--Notwithstanding any other provision of law (including regulations), the Commission shall subject, to the maximum extent practicable, any person engaging, directly or indirectly, in a petroleum futures market trade, transaction, or other petroleum futures market activity in any location to regulation by the Commission unless and until the trade or transaction occurs in a market or exchange that has regulations that are substantially identical to the regulations of the Commission and that are fully and effectively enforced in each such market or on each such exchange. ``(6) Disclosure to commission.--Notwithstanding any other provision of law (including regulations), the Commission shall ensure, to the maximum extent practicable, that the activity of each participant in the petroleum futures markets, and all trades, trading, traders, and direct and indirect parties to the trades, trading, and traders, are fully, clearly, and accurately disclosed to the Commission so that the Commission and Congress can effectively regulate and monitor all such activity. ``(7) Working group of international regulators.--The Commission shall convene a working group of international regulators to develop uniform international reporting and regulatory standards to ensure the protection of the petroleum futures markets from excessive speculation, manipulation, location shopping, and lowest common denominator regulation, which pose systemic risks to all petroleum futures markets, countries, and consumers. ``(8) Reports.-- ``(A) In general.--The Commission shall submit to Congress-- ``(i) not later than 60 days after the date of enactment of this subsection, a report that describes in detail the actions the Commission has taken, is taking, and intends to take to carry out this subsection, including any recommended legislative changes that are necessary to carry out this subsection; and ``(ii) every 45 days thereafter, an update of the report required under clause (i). ``(B) Additional employees or resources.--Not later than 60 days after the date of enactment of this subsection, the Commission shall submit to Congress a report that describes the number of additional employees and resources that the Commission determines are necessary to carry out this subsection (including the specific duty of each additional employee). ``(9) Expedited procedures.-- ``(A) In general.--Subject to subparagraph (B), the Commission shall use emergency and expedited procedures to carry out this subsection. ``(B) Report.--If the Commission decides not to use the procedures described in subparagraph (A) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act take effect on June 24, 2008. (b) Application.--Section 4a(f) of the Commodity Exchange Act (7 U.S.C. 6a(f)) (as amended by section 3) applies to any action taken by the Commodity Futures Trading Commission or any person or entity on or after June 24, 2008. (c) Implementation.--The Commodity Futures Trading Commission shall implement section 4a(f) of the Commodity Exchange Act (7 U.S.C. 6a(f)) (as amended by section 3) not later than December 31, 2008.

End Oil Speculation Act of 2008 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC) to eliminate manipulation and excessive speculation on petroleum futures markets by investigation, regulation, and rulemaking, while distinguishing between: (1) transactions by commercial producers and purchasers (as well as counterparties) involving actual physical petroleum products for future delivery ("legitimate hedge trading"); and (2) all other trading. Instructs the CFTC to review and: (1) revoke or modify prior action regarding certain transactions, participants, or petroleum futures market activity that is not a legitimate hedge trade; and (2) consider revoking results of prior actions that have the effect of limiting, reducing, or eliminating the full applicability of position limits on trading that is not legitimate hedge trading, or the filing of any report or data regarding a trade or trader. Directs the CFTC to set margin requirements of at least 25% for any trading that is not legitimate hedge trading. Directs the CFTC to subject to its regulation any person engaging in a petroleum futures market activity in any location unless and until the activity occurs in a market or exchange whose regulations are substantially identical to CFTC regulations and are fully enforced. Requires the CFTC to ensure that petroleum futures market participant activities are fully and accurately disclosed. Instructs the CFTC to convene a working group of international regulators to develop uniform international oversight to protect petroleum futures markets from excessive speculation and other specified practices that pose systemic risks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Surplus Dividend Act of 1997''. SEC. 2. 50 PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE EMPLOYERS AND EMPLOYEES FOR A PORTION OF THEIR SOCIAL SECURITY TAXES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES. ``(a) Allowance of Credit.--In the case of a taxable year to which this section applies, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the taxpayer's social security taxes for the taxable year. ``(b) Taxable Years to Which Section Applies.--This section shall apply to any taxable year beginning in the first calendar year beginning after a fiscal year if there is a Federal budget surplus for such fiscal year of more than $1,000,000,000. ``(c) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means-- ``(A) the base percentage with respect to so much of the taxpayer's social security taxes as does not exceed $3,000, and ``(B) the phasedown percentage with respect to so much of the taxpayer's social security taxes as exceeds $3,000. ``(2) Base percentage.--The term `base percentage' means, for taxable years beginning in a calendar year, the percentage which the Secretary estimates will result in a reduction of revenues to the Treasury by reason of this section for such taxable year equal to 50 percent of the Federal budget surplus for the most recent fiscal year ending before such calendar year. Proper adjustments shall be made in the percentage determined under the preceding sentence with respect to any subsequent fiscal year to the extent that prior estimates were in excess of or less than the proper percentage. ``(3) Phasedown percentage.--The term `phasedown percentage' means the base percentage reduced (but not below zero) by the number of percentage points which bears the same ratio to the base percentage as-- ``(A) the excess of the taxpayer's social security taxes over $3,000 bears to ``(B) the excess of the maximum social security taxes over $3,000. ``(4) Maximum social security taxes.--The term `maximum social security taxes' means the amount which would be the social security taxes of the taxpayer if the amount on which such taxes are determined were equal to the maximum amount of remuneration which may be taken into account under section 3101(a). ``(5) Special rules.-- ``(A) Dollar limitations on per employee basis.-- The dollar limitations in paragraphs (1) and (3) shall be applied on a per employee basis. ``(B) Self-employed individuals.--Paragraphs (1) and (3) shall be applied by substituting `$6,000' for `$3,000' each place it appears in the case of the taxes referred to in subparagraph (C) or (D) of subsection (d)(1). ``(d) Social Security Taxes.--For purposes of this section-- ``(1) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(A) the taxes imposed by sections 3101 and 3201(a) (relating to taxes on employees) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(B) the taxes imposed by sections 3111 and 3221(a) (relating to taxes on employers) on amounts paid by the taxpayer during the calendar year in which the taxable year begins, ``(C) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(D) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(2) 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). ``(3) 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 paragraph (1)(A) shall be treated as taxes referred to in such paragraph.'' (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 item relating to section 35 and inserting the following: ``Sec. 35. Credit for portion of social security taxes. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. APPROPRIATION TO USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO REDUCE OUTSTANDING PUBLIC DEBT. There is hereby appropriated for the first fiscal year following each fiscal year for which there is a Federal budget surplus an amount equal to 25 percent of such surplus for purpose of paying at maturity, or to redeem or buy before maturity, obligations of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with funds appropriated by the preceding sentence shall be canceled and retired and may not be reissued. SEC. 4. USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE NONDEFENSE DISCRETIONARY SPENDING LIMITS. For the first fiscal year following each fiscal year for which there is a Federal budget surplus, the Director of the Office of Management and Budget shall increase (on a pro rata basis between the applicable nondefense categories for that fiscal year) the discretionary spending limit for new budget authority under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 by an amount equal to 25 percent of such surplus and shall adjust the outlays flowing from that budget authority accordingly.

Budget Surplus Dividend Act of 1997 - Amends the Internal Revenue Code to allocate credits to taxpayers for social security taxes, during any year in which there is a Federal budget surplus of more than $1 billion, so as to utilize 50 percent of such surplus. Requires that, during any such year, the remainder of such surplus shall be split and used to: (1) reduce the outstanding public debt; and (2) increase nondefense discretionary spending limits.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Tax Simplification Act of 2006''. (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 for this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Permanent Subpart F exemption for active financing income. Sec. 3. Permanent look-thru rule for related controlled foreign corporations. Sec. 4. Repeal of foreign base company sales and services income rules. Sec. 5. Repeal of foreign base company oil related income rules. Sec. 6. Repeal of special rules for applying foreign tax credit in case of foreign oil and gas income. Sec. 7. Extension of carryforward period for excess foreign taxes. Sec. 8. Subpart F earnings and profits determined under generally accepted accounting principles. Sec. 9. Acceleration of election to allocate interest on a worldwide basis. Sec. 10. Expansion of de minimis rule under subpart F. SEC. 2. PERMANENT SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME. (a) Exempt Insurance Income.--Paragraph (10) of section 953(e) is amended-- (1) by striking ``and before January 1, 2009,'', and (2) by striking the second sentence. (b) Foreign Personal Holding Company Income.--Paragraph (9) of section 954(h) is amended by striking ``and before January 1, 2009,''. SEC. 3. PERMANENT LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS. Subparagraph (B) of section 954(c)(6) (relating to application) is amended by striking ``and before January 1, 2009,''. SEC. 4. REPEAL OF FOREIGN BASE COMPANY SALES AND SERVICES INCOME RULES. (a) In General.--Subsection (a) of section 954 (relating to foreign base company income) is amended by striking paragraphs (2) and (3). (b) Certain Sales.--Paragraph (1) of section 954(c) is amended by adding at the end the following new subparagraph: ``(I) Certain sales.--Income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with the purchase of personal property from a related person and its sale to any person, the sale of personal property to any person on behalf of a related person, the purchase of personal property from any person and its sale to a related person, or the purchase of personal property from any person on behalf of a related person where-- ``(i) the property which is purchased (or in the case of property sold on behalf of a related person, the property which is sold) is manufactured, produced, grown, or extracted in the United States, and ``(ii) the property is sold for use, consumption, or disposition in the United States, or, in the case of property purchased on behalf of a related person, is purchased for use, consumption, or disposition in the United States.''. (c) Conforming Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) is amended by striking subclauses (II) and (III) and by redesignating subclauses (IV) and (V) as subclauses (II) and (III), respectively. (2) Paragraph (5) of section 954(b) is amended by striking ``, the foreign base company sales income, the foreign base company services income,''. (3) Section 954 is amended by striking subsections (d) and (e). (4)(A) Subsection (b) of section 954 is amended by adding at the end the following new paragraph: ``(7) Related person defined.--For purposes of this section, a person is a related person with respect to a controlled foreign corporation if-- ``(A) such person is an individual, corporation, partnership, trust, or estate which controls, or is controlled by, the controlled foreign corporation, or-- ``(B) such person is a corporation, partnership, trust, or estate which is controlled by the same person or persons which control the controlled foreign corporation. For purposes of the preceding sentence, control means, with respect to a corporation, the ownership, directly or indirectly, of stock possessing more than 50 percent of the total voting power of all classes of stock entitled to vote or of the total value of stock of such corporation. In the case of a partnership, trust, or estate, control means the ownership, directly or indirectly, of more than 50 percent (by value) of the beneficial interests in such partnership, trust, or estate. For purposes of this paragraph, rules similar to the rules of section 958 shall apply.''. (B) Sections 552(c)(2), 861(c)(2)(B), 904(d)(2)(H), 953(d)(3), 953(e), 955(b), 958(b), 971(f), 988(e)(3)(C), 1297(b)(2), 1298(d)(3), and 1298(e)(2)(B) are each amended by striking ``954(d)(3)'' each place it appears and inserting ``954(b)(7)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years of a foreign corporation beginning after December 31, 2006, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. SEC. 5. REPEAL OF FOREIGN BASE COMPANY OIL RELATED INCOME RULES. (a) In General.--Subsection (a) of section 954 (relating to foreign base company income) is amended by striking paragraph (5). (b) Conforming Amendments.-- (1) Clause (iii) of section 952(c)(1)(B), as amended by this Act, is amended by striking subclause (I) and by redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (2) Paragraph (5) of section 954(b), as amended by this Act, is amended by striking ``and the foreign base company oil related income''. (3) Section 954 is amended by striking subsection (g). (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2006, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. SEC. 6. REPEAL OF SPECIAL RULES FOR APPLYING FOREIGN TAX CREDIT IN CASE OF FOREIGN OIL AND GAS INCOME. (a) In General.--Section 907 (relating to special rules in case of foreign oil and gas income), as amended by this Act, is repealed. (b) Conforming Amendments.-- (1) Each of the following provisions are amended by striking ``907,'': (A) Section 245(a)(10). (B) Section 865(h)(1)(B). (C) Section 904(d)(1). (D) Section 904(g)(10)(A). (2) Section 904(f)(5)(E)(iii) is amended by inserting ``, as in effect before its repeal by the International Tax Simplification Act of 2006'' after ``section 907(c)(4)(B)''. (3) Section 954(g)(1) is amended by inserting ``, as in effect before its repeal by the International Tax Simplification Act of 2006'' after ``907(c)''. (4) Section 6501(i) is amended-- (A) by striking ``, or under section 907(f) (relating to carryback and carryover of disallowed oil and gas extraction taxes)'', and (B) by striking ``or 907(f)''. (5) The table of sections for subpart A of part III of subchapter N of chapter 1 is amended by striking the item relating to section 907. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 7. EXTENSION OF CARRYFORWARD PERIOD FOR EXCESS FOREIGN TAXES. (a) In General.--Section 904(c)(1) is amended by striking ``10'' and inserting ``20''. (b) Excess Extraction Taxes.--Paragraph (1) of section 907(f) is amended by striking ``10 succeeding taxable year'' and inserting ``20 succeeding taxable years''. (c) Effective Date.--The amendments made by this section shall apply to excess foreign taxes arising in taxable years beginning after December 31, 2006. SEC. 8. SUBPART F EARNINGS AND PROFITS DETERMINED UNDER GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. (a) In General.--Section 964(a) (relating to earnings and profits) is amended by striking ``rules substantially similar to those applicable to domestic corporations, under regulations prescribed by the Secretary'' and inserting ``generally accepted accounting principles in the United States''. (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions during, and the determination of the inclusion under section 951 of the Internal Revenue Code of 1986 with respect to, taxable years of foreign corporations beginning after December 31, 2006. SEC. 9. ACCELERATION OF ELECTION TO ALLOCATE INTEREST ON A WORLDWIDE BASIS. (a) In General.--Section 864(f)(6) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2006''. (b) Conforming Amendment.--Section 401(c) of the American Jobs Creation Act of 2004 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2006''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 401 of the American Jobs Creation Act of 2004. SEC. 10. EXPANSION OF DE MINIMIS RULE UNDER SUBPART F. (a) In General.--Sections 954(b)(3)(A)(ii), 864(d)(5)(A)(ii), and 881(c)(5)(A)(i) are each amended by striking ``$1,000,000'' and inserting ``$5,000,000''. (b) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2006, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.

International Tax Simplification Act of 2006 - Amends the Internal Revenue Code to revise rules relating to foreign income and income earned by controlled foreign corporations (Subpart F income), including to: (1) make permanent the active financing exemption for qualified insurance income and the look-thru treatment applicable to related foreign corporations; (2) eliminate foreign base company sales and services income and oil related income from foreign base company income; (3) repeal certain rules for the application of the foreign tax credit to foreign oil and gas income; (4) extend from 10 to 20 years the carryforward period for excess foreign taxes; (5) accelerate from 2008 to 2006 the election to allocate interest earned by an affiliated group of corporations on a worldwide basis; and (6) increase to $5 million the tax exclusion for foreign base company or gross insurance income (de minimis rule).

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Opposition to Hate, Assault, and Threats to Equality Act of 2017'' or ``NO HATE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, known as hate crimes or crimes motivated by bias, poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) A prominent characteristic of a violent crime motivated by bias is that it not only devastates the actual victim and the family and friends of the victim, but also frequently ravages the community sharing the traits that caused the victim to be selected. (4) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2015, the most recent year for which data is available, in comparison to prior years. (5) The Hate Crimes Statistics Act (Public Law 101-275; 28 U.S.C. 534 note) and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111-84; 123 Stat. 2835) have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (6) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions obtained through the Uniform Crime Reports program authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation. (7) Increased implementation of the National Incident-Based Reporting System will enable the Federal Bureau of Investigation to obtain more detailed and accurate information on many crimes, including violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim. (8) State-run hotlines that direct victims or witnesses of hate crimes to law enforcement or local support services will allow State and local law enforcement agencies, as well as local community-based service providers, to understand hate crimes more fully and to act accordingly. (9) A Federal private right of action provides an additional option of recourse for individuals who are targeted for violence based on actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. (10) Many perpetrators of crimes motivated by bias may benefit from educational programming or volunteer service conducted in conjunction with, under the guidance of, or with the input of the community targeted by the hate crime. (11) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (12) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions. SEC. 3. REPORTING OF HATE CRIMES. (a) Definitions.--In this section-- (1) the term ``hate crime'' means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, color, religion, national origin, gender, sexual orientation, gender identity, or disability; and (2) the term ``Uniform Crime Reports'' means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use-- (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (b) Implementation Grants.-- (1) In general.--The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident- Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System. (2) Priority.--In making grants under paragraph (1), the Attorney General shall give priority to States and units of local government with larger populations. (c) Reporting.-- (1) Compliance.-- (A) In general.--Except as provided in subparagraph (B), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under subsection (b), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year. (B) Extensions; waiver.--The Attorney General-- (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with subparagraph (A); and (ii) shall waive the requirements of subparagraph (A) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively. (2) Failure to comply.--If a State or unit of local government that receives a grant under subsection (b) fails to substantially comply with paragraph (1) of this subsection, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General. SEC. 4. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. (a) Definition.--In this section, the term ``hate crime'' means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. (b) Grants Authorized.-- (1) In general.--The Attorney General shall make grants to States to create State-run hate crime reporting hotlines. (2) Grant period.--A grant made under paragraph (1) shall be for a period of not more than 5 years. (c) Hotline Requirements.--A State shall ensure, with respect to a hotline funded by a grant under subsection (b), that-- (1) the hotline directs individuals to-- (A) law enforcement if appropriate; and (B) local support services; (2) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to-- (A) any other agency of that State; (B) any other State; (C) the Federal Government; or (D) any other person or entity; (3) the staff members who operate the hotline are trained to be knowledgeable about-- (A) applicable Federal, State, and local hate crime laws; and (B) local law enforcement resources and applicable local support services; and (4) the hotline is accessible to-- (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities. (d) Best Practices.--The Attorney General shall issue guidance to States on best practices for implementing the requirements of subsection (c). SEC. 5. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN. (a) Definitions.--In this section-- (1) the term ``crime'' means an act or series of acts that would constitute a criminal offense under Federal or State law, whether or not the act or acts-- (A) have actually resulted in criminal charges, prosecution, or conviction; or (B) were committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison; and (2) the term ``crime motivated by actual or perceived race, color, religion, or national origin'' means a crime committed because of actual or perceived race, color, religion, or national origin. (b) Purpose.--Pursuant to the affirmative power of Congress to enact this section under section 2 of the Thirteenth Amendment to the Constitution of the United States, as well as under section 8 of Article I of the Constitution, the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived race, color, religion, or national origin and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crime motivated by actual or perceived race, color, religion, or national origin. (c) Right To Be Free From Certain Crimes.--All persons within the United States shall have the right to be free from crimes motivated by actual or perceived race, color, religion, or national origin. (d) Cause of Action.--A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime motivated by actual or perceived race, color, religion, or national origin, and thus deprives another of the right declared in subsection (c), shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (e) Damages.--In any civil action brought under this section in which the plaintiff prevails, the court-- (1) shall award treble compensatory damages and a reasonable attorney's fee; and (2) may, in its discretion, award equitable relief. (f) Limitations.-- (1) Period of limitations.--An action under this section may not be commenced later than 3 years after the date of the act complained of. (2) Rule of construction.--Nothing in this section shall be construed to authorize a cause of action under subsection (d) for-- (A) a random act unrelated to actual or perceived race, color, religion, or national origin; or (B) an act that cannot be demonstrated, by a preponderance of the evidence, to be a crime motivated by actual or perceived race, color, religion, or national origin. (g) Concurrent Jurisdiction.--The district courts of the United States shall have original jurisdiction, concurrent with State courts, of an action under this section. (h) No Prior Criminal Action.--Nothing in this section shall be construed to require a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (d). SEC. 6. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY. (a) Definitions.--In this section-- (1) the term ``crime'' means an act or series of acts that would constitute a criminal offense under Federal or State law, whether or not the act or acts have actually resulted in criminal charges, prosecution, or conviction; and (2) the term ``crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability'' means a crime committed because of actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (b) Purpose.--Pursuant to the affirmative power of Congress to enact this section under clause 3 of section 8 of Article I of the Constitution of the United States (commonly known as the ``Commerce Clause''), the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (c) Right To Be Free From Certain Crimes.--All persons within the United States shall have the right to be free from crimes motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (d) Cause of Action.-- (1) In general.--A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State), in any circumstance described in paragraph (2) or within the special maritime and territorial jurisdiction of the United States or a Federal prison, who commits a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability, and thus deprives another of the right declared in subsection (c), shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (2) Circumstances described.--For purposes of paragraph (1), the circumstances described in this paragraph are that-- (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim-- (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)-- (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce. (e) Damages.--In any civil action brought under this section in which the plaintiff prevails, the court-- (1) shall award treble compensatory damages and a reasonable attorney's fee; and (2) may, in its discretion, award equitable relief. (f) Limitations.-- (1) Period of limitation.--An action under this section may not be commenced later than 3 years after the date of the act complained of. (2) Rule of construction.--Nothing in this section shall be construed to authorize a cause of action under subsection (d) for-- (A) a random act unrelated to actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability; or (B) an act that cannot be demonstrated, by a preponderance of the evidence, to be a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (g) Concurrent Jurisdiction.--The district courts of the United States shall have original jurisdiction, concurrent with State courts, of an action under this section. (h) No Prior Criminal Action.--Nothing in this section shall be construed to require a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (d). SEC. 7. ADDITIONAL CRIMINAL PENALTIES. Section 249 of title 18, United States Code, is amended by adding at the end the following: ``(e) Supervised Release.--If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant's offense.''.

National Opposition to Hate, Assault, and Threats to Equality Act of 2017 or the NO HATE Act This bill authorizes the Department of Justice (DOJ) to issue grants to states and local governments to assist in implementing the National Incident-Based Reporting System, including training employees in identifying hate crimes. A state or local government receiving such funding must provide DOJ, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction. A state or local government failing to provide the required data must repay the grants. The bill directs DOJ to issue grants to states to create hate crime reporting hotlines. The bill creates a cause of action for: (1) a victim of a crime motivated by actual or perceived race, color, religion, or national origin; and (2) a victim of a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability, occurring in the special maritime or territorial jurisdiction of the United States or affecting interstate commerce. Under both civil actions, the victims must demonstrate by a preponderance of the evidence that the crime was based on one of the classifications listed. A criminal prosecution need not be brought before a civil action can be filed. A court imposing a penalty for a violation of the federal hate crime statute may order the defendant to participate in education classes or community service related to the community harmed by the defendant's offense as part of his or her supervised release.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013'' or the ``TRANSFER Act of 2013''. SEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER. Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows: ``(jj) Innovative Approaches to Technology Transfer.-- ``(1) Grant program.-- ``(A) In general.--Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions and Federal laboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses. ``(B) Awarding of grants and awards.-- ``(i) In general.--Each Federal agency required by subparagraph (A) to participate in this program, shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace. ``(ii) Use of funds.--Activities supported by grants under this subsection may include-- ``(I) providing early-stage proof of concept funding for translational research; ``(II) identifying research and technologies at recipient institutions that have the potential for accelerated commercialization; ``(III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data; ``(IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; and ``(V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential. ``(iii) Selection process and applications.--Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum-- ``(I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies, that can achieve greater commercialization of federally funded research and technologies with program funding; ``(II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and ``(III) a plan for sustainability beyond the duration of the funding award. ``(iv) Program oversight boards.-- ``(I) In general.--Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise and shall be drawn from industry, start-up companies, venture capital, technical enterprises, financial institutions, and business development organizations. ``(II) Program oversight boards responsibilities.--Program Oversight Boards shall-- ``(aa) establish award programs for individual projects; ``(bb) provide rigorous evaluation of project applications; ``(cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii); ``(dd) establish milestones and associated award amounts for projects that reach milestones; ``(ee) determine whether awarded projects are reaching milestones; and ``(ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential. ``(C) Grant and award amounts.-- ``(i) Grant amounts.--Each Federal agency required by subparagraph (A) to carry out a grant program may make grants to a qualifying institution for up to $1,000,000 per year for up to 3 years. ``(ii) Award amounts.--Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $150,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution's Program Oversight Board. ``(D) Authorized expenditures for innovative approaches to technology transfer grant program.-- ``(i) Percentage.--The percentage of the extramural budget each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be-- ``(I) 0.05 percent for each of fiscal years 2014 and 2015; and ``(II) 0.1 percent for each of fiscal years 2016 and 2017. ``(ii) Treatment of expenditures.--Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency's expenditure requirements under subsection (n). ``(2) Program evaluation and data collection and dissemination.-- ``(A) Evaluation plan and data collection.--Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program, such as-- ``(i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources; ``(ii) number of projects which result in a license to a start-up company or an established company with sufficient resources for effective commercialization within 5 years of receiving an award under paragraph (1); ``(iii) invention disclosures and patents; ``(iv) number of projects supported by qualifying institutions receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards; ``(v) available information on revenue, sales or other measures of products that have been commercialized as a result of projects awarded under paragraph (1); ``(vi) number and location of jobs created resulting from projects awarded under paragraph (1); and ``(vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan. ``(B) Evaluative report to congress.--The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include-- ``(i) a detailed description of the implementation of the program; ``(ii) a detailed description of the grantee selection process; ``(iii) an accounting of the funds used in the program; and ``(iv) a summary of the data collected under subparagraph (A). ``(C) Data dissemination.--For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including-- ``(i) the program evaluation plan required under subparagraph (A); ``(ii) a list of recipients of awards under paragraph (1); and ``(iii) information on the use of grants under paragraph (1) by recipient institutions.''.

Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to replace provisions requiring the Director of the National Institutes of Health to use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions with provisions directing each federal agency required to establish a small business technology transfer (STTR) program to carry out an Innovative Approaches to Technology Transfer Grant Program to support innovative approaches to technology transfer at institutions of higher education, nonprofit research institutions, and federal laboratories in order to accelerate the commercialization of federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires successful grant proposals to include a plan to assemble a program oversight board to establish award programs for individual projects and evaluate project applications. Provides the percentage of each agency's extramural budget to be expended on such Program for FY2014-FY2017. Directs each agency to: (1) develop a Program evaluation plan and collect information from grantees annually to evaluate the Program, and (2) submit a Program activities report to specified congressional committees. Requires the Administrator of the Small Business Administration (SBA) to include information on the Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Comprehensive Methamphetamine Abuse Reduction Act''. SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS. Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21) is amended by adding at the end the following: ``(e) Prevention of Methamphetamine Abuse and Addiction.-- ``(1) Grants.--The Director of the Center for Substance Abuse Prevention (referred to in this section as the `Director') may make grants to and enter into contracts and cooperative agreements with public and non-profit private entities to enable such entities-- ``(A) to carry out school-based programs concerning the dangers of methamphetamine abuse and addiction, using methods that are effective and evidence-based; and ``(B) to carry out community-based methamphetamine abuse and addiction prevention programs that are effective and evidence-based. ``(2) Use of funds.--Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering methamphetamine prevention programs in accordance with paragraph (3). ``(3) Prevention programs and activities.-- ``(A) In general.--Amounts provided under this subsection may be used-- ``(i) to carry out school-based programs that are focused on those districts with high or increasing rates of methamphetamine abuse and addiction and targeted at populations which are most at risk to start methamphetamine abuse; ``(ii) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for methamphetamine abuse and addiction; ``(iii) to assist local government entities to conduct appropriate methamphetamine prevention activities; ``(iv) to train and educate State and local law enforcement officials on the signs of methamphetamine abuse and addiction and the options for treatment and prevention; ``(v) for planning, administration, and educational activities related to the prevention of methamphetamine abuse and addiction; ``(vi) for the monitoring and evaluation of methamphetamine prevention activities, and reporting and disseminating resulting information to the public; and ``(vii) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies. ``(B) Priority.--The Director shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. ``(4) Analyses and evaluation.-- ``(A) In general.--Not less than $500,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Director, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for methamphetamine abuse and addiction and the development of appropriate strategies for disseminating information about and implementing these programs. ``(B) Annual reports.--The Director shall submit to the Committee on Labor and Human Resources and Committee on Appropriations of the Senate and the Committee on Commerce and Committee on Appropriations of the House of Representatives, an annual report with the results of the analyses and evaluation under subparagraph (A). ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $20,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''. SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW ENFORCEMENT FUNDING. (a) Swift and Certain Punishment of Methamphetamine Laboratory Operators.-- (1) Federal sentencing guidelines.-- (A) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate Federal sentencing guidelines or amend existing Federal sentencing guidelines for any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) in accordance with this paragraph. (B) Requirements.--In carrying out this paragraph, the United States Sentencing Commission shall, with respect to each offense described in subparagraph (A)-- (i) increase the base offense level for the offense-- (I) by not less than 3 offense levels above the applicable level in effect on the date of enactment of this Act; or (II) if the resulting base offense level after an increase under subclause (II) would be less than level 27, to not less than level 27; or (ii) if the offense created a substantial risk of danger to the health and safety of another person (including any Federal, State, or local law enforcement officer lawfully present at the location of the offense, increase the base offense level for the offense-- (I) by not less than 6 offense levels above the applicable level in effect on the date of enactment of this Act; or (II) if the resulting base offense level after an increase under clause (i) would be less than level 30, to not less than level 30. (C) Emergency authority to sentencing commission.-- The United States Sentencing Commission shall promulgate the guidelines or amendments provided for under this paragraph as soon as practicable after the date of enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired. (2) Effective date.--The amendments made pursuant to this subsection shall apply with respect to any offense occurring on or after the date that is 60 days after the date of enactment of this Act. (b) Increased Resources For Law Enforcement.--There are authorized to be appropriated to the Office of National Drug Control Policy to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas-- (1) $25,000,000 for fiscal year 1999; and (2) such sums as may be necessary for each of fiscal years 2000 through 2004. SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE. Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is amended by adding at the end the following: ``(d) Treatment of Methamphetamine Abuse and Addiction.-- ``(1) Grants.--The Director of the Center for Substance Abuse Treatment (referred to in this section as the `Director') may make grants to and enter into contracts and cooperative agreements with public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction. ``(2) Use of funds.--Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering methamphetamine treatment programs in accordance with paragraph (3). ``(3) Treatment programs and activities.-- ``(A) In general.--Amounts provided under this subsection may be used for-- ``(i) evidence-based programs designed to assist individuals to quit their use of methamphetamine and remain drug-free; ``(ii) training in recognizing methamphetamine abuse and addiction for health professionals, including physicians, nurses, dentists, health educators, public health professionals, and other health care providers; ``(iii) training in methamphetamine treatment methods for health plans, health professionals, including physicians, nurses, dentists, health educators, public health professionals, and other health care providers; ``(iv) planning, administration, and educational activities related to the treatment of methamphetamine abuse and addiction; ``(v) the monitoring and evaluation of methamphetamine treatment activities, and reporting and disseminating resulting information to health professionals and the public; ``(vi) targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies; and ``(vii) coordination with the Center for Mental Health Services on the connection between methamphetamine abuse and addiction and mental illness. ``(B) Priority.--The Director shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. ``(4) Analyses and evaluation.-- ``(A) In general.--Not more than $1,000,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Director, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective treatments for methamphetamine abuse and addiction and the development of appropriate strategies for disseminating information about and implementing treatment services. ``(B) Annual report.--The Director shall submit to the Committee on Labor and Human Resources and Committee on Appropriations of the Senate and the Committee on Commerce and Committee on Appropriations of the House or Representatives, an annual report with the results of the analyses and evaluation conducted under subparagraph (A). ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $40,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''. SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH. Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is amended by adding at the end the following: ``(c) Methamphetamine Research.-- ``(1) Grants.--The Director of the Institute may make grants to expand interdisciplinary research relating to methamphetamine abuse and addiction and other biomedical, behavioral and social issues related to methamphetamine abuse and addiction. ``(2) Use of funds.--Amounts made available under a grant under paragraph (1) may be used to conduct interdisciplinary research on methamphetamine abuse and addiction, including research on-- ``(A) the effects of methamphetamine abuse on the human body; ``(B) the addictive nature of methamphetamine and how such effects differ with respect to different individuals; ``(C) the connection between methamphetamine abuse and mental illness; ``(D) the identification and evaluation of the most effective methods of prevention of methamphetamine abuse and addiction; ``(E) the identification and development of the most effective methods of treatment of methamphetamine addiction, including pharmacological treatments; ``(F) risk factors for methamphetamine abuse; ``(G) effects of methamphetamine abuse and addiction on pregnant women and their fetuses; ``(H) cultural, social, behavioral, neurological and psychological reasons that individuals abuse methamphetamine, or refrain from abusing methamphetamine. ``(3) Research results.--The Director shall promptly disseminate research results under this subsection to Federal, State and local entities involved in combating methamphetamine abuse and addiction. ``(4) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $16,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''.

Comprehensive Methamphetamine Abuse Reduction Act - Amends the Public Health Service Act (the Act) to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities to carry out: (1) school-based programs concerning the dangers of methamphetamine abuse and addiction; and (2) community based methamphetamine abuse and addiction prevention programs. Requires that: (1) sums made available be used for planning, establishing, or administering methamphetamine prevention programs; and (2) the Director give priority in making grants to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. Sets forth: (1) provisions regarding allotment of specified sums available for analyses and evaluations of effective prevention programs and the development of strategies for disseminating information about, and implementing, such programs; and (2) reporting requirements. Authorizes appropriations. (Sec. 3) Directs the United States Sentencing Commission to promulgate or amend existing Federal sentencing guidelines to increase the base offense levels for offenses relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine. Authorizes appropriations to the Office of National Drug Control Policy to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas. (Sec. 4) Amends the Act to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction. Sets forth analogous provisions regarding the use of funds, permissible treatment programs and activities, priority in making grants, analyses and evaluation, reporting requirements, and authorization of appropriations. (Sec. 5) Amends the Act to authorize the Director of the National Institute on Drug Abuse to make grants to expand interdisciplinary research relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Requires the Director to promptly disseminate research results to Federal, State, and local entities involved in combating methamphetamine abuse and addiction. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Powers America Act of 2017''. SEC. 2. ENERGY CREDIT FOR NUCLEAR ENERGY PROPERTY. (a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended in clause (vi) by striking ``or'', by inserting ``or'' at the end of clause (vii), and by adding at the end the following new clause: ``(viii) qualified nuclear energy property,''. (b) Eligible for 30-Percent Credit.--Section 48(a)(2)(A)(i) of such Code is amended by striking ``and'' in subclause (III) and by adding at the end the following new subclause: ``(V) energy property described in paragraph (3)(A)(viii) but only with respect to property placed in service before January 1, 2024, and''. (c) Qualified Nuclear Energy Property.--Section 48(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Qualified nuclear energy property.-- ``(A) In general.--The term `qualified nuclear energy property' means any amounts paid or incurred for the refueling of, and any other expenditures described in section 263(a) with respect to, a qualifying nuclear power plant. ``(B) Qualifying nuclear power plant.--The term `qualifying nuclear power plant' means a nuclear power plant which-- ``(i) submitted an application for license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024, or ``(ii) certified to the Secretary (at such time and in such form and in such manner as the Secretary prescribes) that such plant will submit an application for license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024. ``(C) Special rules.-- ``(i) Basis.--For purposes of subsection (a), the cumulative amounts paid or incurred by the taxpayer during the taxable year with respect to a qualifying nuclear power plant, which are properly chargeable to capital account, shall be treated as the basis of the qualified nuclear energy property placed in service for that taxable year. ``(ii) Placed in service.--For purposes of subsection (a), qualified nuclear energy property shall be treated as having been placed in service on the last day of the taxable year in which the taxpayer pays or incurs such amounts described in clause (i). ``(iii) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) to any qualifying nuclear power plant which made a certification pursuant to subparagraph (B) but does not file an application of license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024.''. (d) Phaseout of 30-Percent Credit Rate for Nuclear Energy Property.--Section 48(a) of such Code is amended by adding at the end the following new paragraph: ``(7) Phaseout for qualified nuclear energy property.--In the case of qualified nuclear energy property, the energy percentage determined under paragraph (2) shall be equal to-- ``(A) in the case of any property placed in service after December 31, 2021, and before January 1, 2023, 26 percent, and ``(B) in the case of any property placed in service after December 31, 2022, and before January 1, 2024, 22 percent.''. (e) Coordination With Credit for Production From Advanced Nuclear Power Facilities.--The last sentence of section 48(a)(3) is amended by inserting ``or 45J'' after ``section 45''. (f) Transfer of Credit by Certain Public Entities.-- (1) In general.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(e) Special Rule for Qualified Nuclear Energy Property.-- ``(1) In general.--In the case of any qualified nuclear energy property, if, with respect to a credit under subsection (a) for any taxable year-- ``(A) the taxpayer would be a qualified public entity, and ``(B) such entity elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election (and not the qualified public entity) shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified public entity.--The term `qualified public entity' means-- ``(i) a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof, ``(ii) a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2), or ``(iii) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(B) Eligible project partner.--The term `eligible project partner' means-- ``(i) any person responsible for operating, maintaining, or repairing the qualifying nuclear power plant to which the credit under subsection (a) relates, ``(ii) any person who participates in the provision of the nuclear steam supply system to the qualifying nuclear power plant to which the credit under subsection (a) relates, ``(iii) any person who participates in the provision of nuclear fuel to the qualifying nuclear power plant to which the credit under subsection (a) relates, or ``(iv) any person who has an ownership interest in such facility. ``(3) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined with respect to qualified nuclear energy property at the partnership level-- ``(i) for purposes of paragraph (1)(A), a qualified public entity shall be treated as the taxpayer with respect to such entity's distributive share of such credit, and ``(ii) the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under subsection (e), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the qualified public entity's taxable year with respect to which the credit was determined. ``(C) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use.''. (2) Special rule for proceeds of transfers for mutual or cooperative electric companies.--Section 501(c)(12) of such Code is amended by adding at the end the following new subparagraph: ``(I) In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2), income received or accrued in connection with an election under section 48(e) shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses.''. (g) Conforming Amendment.--Section 48(a)(2)(A) of such Code is amended by striking ``paragraph (6)'' and inserting ``paragraphs (6) and (7)''. (h) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2016, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990).

Nuclear Powers America Act of 2017 This bill amends the Internal Revenue Code to allow a tax credit for investments in qualified nuclear energy property placed in service before January 1, 2024. The credit applies to any amounts paid or incurred for refueling or other specified expenditures for a nuclear power plant for which an application for license renewal was or will be submitted to the Nuclear Regulatory Commission before January 1, 2024.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Education Nexus in U.S. Act'' or the ``GENIUS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) A host of growing challenges--international security, global markets, immigration, world health, the environment, and the emerging educational and material aspirations of the world's poorest people--are fundamentally altering the international landscape. (2) Rapid technological advances and the information age are shrinking the world, exponentially enlarging access of all peoples to essential knowledge, concepts, and ideas, and connecting Americans to their counterparts across the globe. (3) The diversity of American workplaces, schools, and communities increasingly parallels the world's diversity. (4) Americans, in the performance of their citizenship roles, are required to make informed judgments about the role of the United States in the world, as well as the impact of other nations and world regions on the United States. (5) The place of the United States in the world will depend on whether teachers, citizens, and policymakers of the United States understand how international events shape the lives, politics, economics, and security of the Nation. (6) American-based multinational corporations, as well as small businesses, increasingly need employees with knowledge of foreign languages and cultures to market products to customers domestically and around the globe, and to work effectively with foreign employees and partners in other countries. (7) It is the primary function of the Nation's schools to prepare America's students to meet the requirements of the workplace and to perform citizenship roles in dynamic and rapidly changing domestic and global communities. (8) Recent surveys consistently demonstrate the illiteracy of young Americans in geography, economics, and world history, as well as the low priority university students give to learning about other countries and cultures. (9) Only rarely do American high school or university students elect to study geography, world history, international relations, or global issues, or to obtain fluency in a foreign language. (10) School curricula and university programs of study are not adequately aligned to new international and global realities. (11) State educational agencies and local educational agencies must be encouraged to include international education competency as part of teacher credentialing and licensing. (b) Purposes.--The purposes of this Act are-- (1) to raise student achievement in world history and cultures, international and global studies, and foreign languages by increasing the international education competence and literacy of elementary school and secondary school teachers; and (2) to support programs that supplement student educational achievement in world history, international and global studies, and foreign languages. SEC. 3. DEPUTY ASSISTANT SECRETARY FOR INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. Section 205 of the Department of Education Organization Act (20 U.S.C. 3415) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``elementary, secondary,'' after ``affecting''; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting ``, national nonprofit educational organizations or consortiums of nonprofit educational organizations, State educational agencies, local educational agencies, and other nonprofit organizations;''; and (D) by adding at the end the following: ``(4) assist the Secretary in administering the grant program under section 4 of the Global Education Nexus in U.S. Act; and ``(5) develop an international education research repository and make available the information contained in such repository to any State educational agency and local educational agency.''; and (2) by adding at the end the following: ``(c) Definitions.--As used in this section-- ``(1) the term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(2) the term `international education' means educational subject matter related to world history, regions, cultures, and geography, as well as foreign languages, contemporary world issues, international relations, international economics, humanitarian law, international and non-governmental organizations, and the technology and communication mediums related to such subject matter. ``(3) the term `international education research repository' means a research repository containing scientifically valid education research, promising and exemplary practices related to international education, including foreign language education, as well as any other information related to international education that the Secretary determines would be beneficial for State educational agencies and local educational agencies in-- ``(A) the professional development of teachers of international education, including foreign language education; ``(B) the implementation of international education programs, including foreign language programs; and ``(C) improving the international education competency, including foreign language competency, of elementary school and secondary school students; ``(4) the term `national nonprofit educational organizations or consortiums of nonprofit educational organizations' means national nonprofit educational organizations or consortiums of nonprofit educational organizations that have as their primary purpose the improvement of student competency in international education, including foreign language competency, through effective international education instruction, including foreign language instruction, in elementary schools, secondary schools, and institutions of higher education; and ``(5) the terms `local educational agency', `elementary school', `secondary school', and `State educational agency' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. SEC. 4. INTERNATIONAL EDUCATION GRANTS. (a) Grants Authorized.--From the funds appropriated under section 6, the Secretary, acting through the Deputy Assistant Secretary, shall award grants on a competitive basis to eligible entities to promote international education instruction in elementary schools and secondary schools in accordance with subsection (c) by-- (1) increasing teacher competency with respect to international education subject matter; and (2) implementing supplemental international education services. (b) Grant Eligibility.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--The Secretary shall give priority to eligible entities that-- (A) are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (B) offer professional development in international education to all teachers and encourage the inclusion of international education in core elementary school and secondary school curricula; and (C) the Secretary determines are most in need of receiving assistance in the area of international education. (c) Uses of Funds.--An eligible entity awarded a grant under this section shall use-- (1) 50 percent of such grant funds to develop, implement, and strengthen programs to teach international education within core elementary school and secondary school curricula, which shall include programs with respect to international education subject matter that-- (A) improve the quality of instruction; and (B) provide professional development and teacher education activities; and (2) 50 percent of such grant funds to supplement core academic subjects through supplemental international education services outside of normal instruction hours, such as-- (A) Model United Nations; (B) geography bees; and (C) any other service or program deemed beneficial to the development of student international education competency by the Secretary. SEC. 5. EVALUATION AND REPORT. (a) Evaluation.--From the funds appropriated under section 6, the Secretary shall conduct, through grant or by contract, a biennial independent evaluation of the international education programs administered by eligible entities under section 4 that-- (1) quantifies student academic achievement in international education; and (2) describes promising and exemplary practices of preparing teachers to teach international education topics and providing international education to students. (b) Report.--From the funds appropriated under section 6, the Secretary shall prepare, through grant or by contract, and submit to each House of Congress, an annual independent report that includes-- (1) the total amount of grant funds awarded under section 4, and the geographic distribution of such awards; (2) the results of the evaluation conducted under subsection (a); and (3) any other information deemed appropriate by the Deputy Assistant Secretary or the Secretary. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $200,000,000 to carry out this Act for fiscal year 2012 and such sums as may be necessary for each fiscal year thereafter. SEC. 7. DEFINITIONS. In this Act: (1) Deputy assistant secretary.--The term ``Deputy Assistant Secretary'' means the Deputy Assistant Secretary for International and Foreign Language Education in the Office of Postsecondary Education of the Department of Education. (2) Elementary school.--The term ``elementary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; or (B) a partnership consisting of-- (i) a local educational agency; and (ii) a private organization or institution of higher education that provides such local educational agency with funding to carry out the activities described in section 4(c). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) International education.--The term ``international education'' means educational subject matter related to world history, regions, cultures, and geography, as well as foreign languages, contemporary world issues, international relations, international economics, humanitarian law, international and non-governmental organizations, and the technology and communication mediums related to such subject matter. (6) International education research repository.--The term ``international education research repository'' means a research repository containing scientifically valid education research, promising and exemplary practices related to international education, including foreign language education, as well as any other information related to international education that the Secretary determines would be beneficial for State educational agencies and local educational agencies in-- (A) the professional development of teachers of international education, including foreign language education; (B) the implementation of international education programs, including foreign language programs; and (C) improving the international education competency, including foreign language competency, of elementary school and secondary school students. (7) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) National nonprofit educational organizations or consortiums of nonprofit educational organizations.--The term ``national nonprofit educational organizations or consortiums of nonprofit educational organizations'' means national nonprofit educational organizations or consortiums of nonprofit educational organizations that have as their primary purpose the improvement of student competency in international education, including foreign language competency, through effective international education instruction, including foreign language instruction, in elementary schools, secondary schools, and institutions of higher education. (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) Secretary.--The term ``Secretary'' means the Secretary of Education.

Global Education Nexus in U.S. Act or GENIUS Act - Amends the Department of Education Organization Act to require the Deputy Assistant Secretary for International and Foreign Language Education to: (1) assist the Secretary of Education in administering this Act's grant program, and (2) develop an international education research repository and make it available to states and local educational agencies (LEAs). Directs the Secretary, acting through the Deputy Assistant Secretary, to award competitive grants to LEAs, or partnerships between LEAs and private organizations or institutions of higher education that provide their LEA partners with funding, to promote international education in elementary and secondary schools. Requires each grantee to use: (1) one-half of its grant on enhancing international education within core curricula, such as by increasing teacher competency; and (2) the other half on providing supplemental international education services outside of normal instruction hours. Directs the Secretary to conduct a biennial independent evaluation of such international education programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunities Act''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. (a) Credit for Individuals.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION TUITION. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed-- ``(1) $2,250, in the case of a married individual filing a separate return, and ``(2) $4,500, in any other case. ``(c) Qualified Contributions; Other Definitions.--For purposes of this section-- ``(1) Qualified contribution.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. ``(2) Scholarship granting organization.--The term `scholarship granting organization' means any organization-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and ``(C) which meets the requirements of subsection (d). ``(3) Eligible student.--The term `eligible student' means an individual-- ``(A) who is enrolled in an elementary or secondary school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and ``(B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). ``(4) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(3), except that-- ``(A) `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A) thereof, and ``(B) in applying such paragraph, the term `school' shall only include schools which-- ``(i) charge tuition for attendance, ``(ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and ``(iii) agree to provide annual reports as described in subsection (e) to a scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. ``(5) Scholarship.--The term `scholarship' does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. ``(d) Requirements for Scholarship Granting Organizations.--An organization meets the requirements of this section if-- ``(1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, ``(2) such organization provides grants to-- ``(A) more than 1 student, and ``(B) different students attending more than 1 school, ``(3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, ``(4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, ``(5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, ``(6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and ``(7) such organization-- ``(A) requires any eligible student who receives a scholarship-- ``(i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act, and ``(ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and ``(B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act. For purposes of paragraph (5), the term `independent certified public accountant' means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. ``(e) Eligible School Reporting Requirement.-- ``(1) In general.--The reports described in this subsection include-- ``(A) a report to the parents on the student's academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and ``(B) a report, to each scholarship granting organization that provides scholarships to students at the school, that includes-- ``(i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and ``(ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act. ``(2) No personally identifiable information.--In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. ``(f) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(g) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Qualified elementary and secondary education tuition.''. (b) Credit for Corporations.-- (1) 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. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. ``(a) General Rule.--For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $100,000. ``(c) Qualified Contributions.--For purposes of this section, the term `qualified contribution' has the meaning given such term under section 25E. ``(d) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(e) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Conforming amendments.-- (A) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period and inserting ``, plus'' at the end of paragraph (36), and by adding at the end the following new paragraph: ``(37) the education scholarship credit determined under section 45S(a).''. (B) 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. Contributions to scholarship granting organizations.''. (c) Excise Tax on Failure of Scholarship Granting Organizations To Make Distributions.-- (1) In general.--Chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter H--Scholarship Granting Organizations ``Sec. 4968. Tax on failure to distribute receipts. ``SEC. 4968. TAX ON FAILURE TO DISTRIBUTE RECEIPTS. ``(a) Tax Imposed.--There is hereby imposed a tax on the failure of a scholarship granting organization (as defined in section 25E(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of-- ``(1) the required distribution amount with respect to the taxable year, over ``(2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. ``(c) Definitions.--For purposes of this section-- ``(1) Required distribution amount.--The required distribution amount with respect to a taxable year is the amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. ``(2) Distributions.--The term `distribution' includes amounts which are formally committed but not distributed. ``(3) Distribution deadline.--The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. ``(d) Reasonable Cause Exception.--The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.''. (2) Abatement of tax.-- (A) General rule.--Subsection (b) of section 4962 of such Code is amended by striking ``or G'' and inserting ``G, or H''. (B) First tier tax.--Subsection (a) of section 4963 of such Code is amended by inserting ``4968,'' after ``4967,''. (C) Taxable event.--Subsection (c) of section 4963 of such Code is amended by inserting ``4968,'' after ``4967,''. (3) Correction period.--Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting ``or 4968'' after ``4942''. (4) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``subchapter h. scholarship granting organizations''. (d) Evaluations.-- (1) Definitions.--In this section-- (A) the terms ``eligible student'', ``qualified elementary and secondary education expenses'', and ``scholarship granting organization'' have the meanings given such terms in section 25E(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term ``Director'' means the Director of the Institute of Education Sciences; and (C) the term ``participating student'' means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations.-- (A) In general.--By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation.--In conducting the evaluation required under this subsection, the Director shall-- (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25E(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under sections 25E and 45S of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports.--By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Ways and Means and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Finance and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition.--No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability.--The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2013.

Educational Opportunities Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. Allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). Defines "scholarship granting organization" as a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other expenses of elementary and secondary school students from low income households (i.e., household income not exceeding 250% of federal poverty guidelines). Allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. Imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Security Records Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The procedures used by the White House and the Federal Bureau of Investigation to protect the privacy and security of records containing sensitive background security information have been inadequate to provide that protection. (2) Under chapter 22 of title 44, United States Code, popularly known as the ``Presidential Records Act of 1978'', upon the conclusion of a President's term of office the Archivist of the United States assumes responsibility for all Presidential records, including records that were provided by the Federal Bureau of Investigation and that contain sensitive background security information on individuals having access to the White House. (3) The Archivist is required to deposit all such Presidential records in a Presidential archival depository or other archival facility. Thereafter, the records are not readily available to an incoming President for use to review the security of individuals who have a continuing need for access to the White House, including permanent employees of the White House. (4) After deposit in a Presidential archival depository or other archival facility, such records and the sensitive background information they contain are eventually available to researchers, cannot be restricted from the public for more than 12 years, and therefore are not afforded the level of privacy and security which are appropriate for these sensitive records. (5) To request such files from the Federal Bureau of Investigation or to otherwise review the security of individuals who have a continuing need for access to the White House, the White House needs accurate lists of all individuals employed by, detailed to, or otherwise having a continuing need for access to the White House. (b) Purpose.--The purpose of this Act is to ensure that Federal Bureau of Investigation records containing sensitive background security information that are provided to the White House are properly protected for privacy and security. SEC. 3. SPECIAL PROTECTIONS FOR FEDERAL BUREAU OF INVESTIGATION BACKGROUND SECURITY RECORDS PROVIDED TO THE WHITE HOUSE. (a) Special Treatment Under Presidential Records Act of 1978.-- Chapter 22 of title 44, United States Code, popularly known as the ``Presidential Records Act of 1978'', is amended in section 2202 by adding at the end the following new subsection: ``(g)(1) Any record provided by the Federal Bureau of Investigation to the White House for the purpose of providing background security information on any person-- ``(A) shall not be a Presidential record for purposes of subsection (f); and ``(B) upon the conclusion of a President's term of office, or if a President serves consecutive terms upon the conclusion of the last term-- ``(i) except as provided in clause (ii), shall be returned to the Federal Bureau of Investigation; and ``(ii) in the case of a record that was provided by the Federal Bureau of Investigation for the purpose of providing background security information on an individual who the President determines continues to have a need for access to the White House, shall be maintained at the White House in accordance with regulations prescribed by the Director of the Federal Bureau of Investigation. ``(2) The Secretary of the Treasury shall maintain and periodically provide to the President and the Director of the Federal Bureau of Investigation, accurate lists of individuals who are employed in or detailed to the White House. ``(3) For purposes of this subsection, the term `White House' means any of the following: ``(A) The White House Office. ``(B) The Office of Administration in the Executive Office of the President. ``(C) The Office of Policy Development. ``(D) The Office of National Drug Control Policy. ``(E) Any other office located on the White House grounds.''. (b) Special Requirements Under Privacy Act.--Section 552a of title 5, United States Code, popularly known as the ``Privacy Act'', is amended by adding at the end the following new subsection: ``(w)(1) Any record provided by the Federal Bureau of Investigation to the White House for the purpose of providing background security information on a person shall be maintained at the White House as a Federal Bureau of Investigation record, in accordance with all laws applicable to such a record and regulations prescribed by the Director of the Federal Bureau of Investigation. ``(2) No record containing sensitive background information on a person shall be disclosed by the Federal Bureau of Investigation to the White House unless-- ``(A) the request for such record is in writing and contains-- ``(i) the consent of that person given within 30 days of the date of the request; ``(ii) a statement of the reason the record is being requested; and ``(iii) a certification by the person who signs the request that the information will be used only for official purposes; and ``(B) the request for such records is approved and signed by-- ``(i) the Counsel to the President; or ``(ii) an individual employed in the Counsel's office who has been specifically designated for that purpose and whose identity and qualifications for that purpose have been published in the Federal Register. ``(3) The requirements of this subsection may be waived only in extraordinary circumstances, and upon a written request provided to the Director of the Federal Bureau of Investigation and signed by the President or the Counsel to the President and the Attorney General. ``(4) The Director of the Federal Bureau of Investigation shall issue regulations to implement the requirements of this section. ``(5) For purposes of this subsection, the term `White House' means any of the following: ``(A) The White House Office. ``(B) The Office of Administration in the Executive Office of the President. ``(C) The Office of Policy Development. ``(D) The Office of National Drug Control Policy. ``(E) Any other office located on the White House grounds''.

Background Security Records Act of 1996 - Amends the Presidential Records Act of 1978 to direct that any record provided by the Federal Bureau of Investigation (FBI) to the White House for providing background security information on any individual shall: (1) not be a presidential record; and (2) upon the conclusion of a President's term of office or upon conclusion of the last term, such record shall be returned to the FBI, subject to an exception. Requires the Secretary of the Treasury to maintain and periodically provide to the President and the FBI Director accurate lists of individuals who are employed in or detailed to the White House. Amends the Privacy Act to require that any record provided by the FBI to the White House for providing background security information on an individual shall be maintained at the White House as an FBI record. Prohibits disclosure of a record containing sensitive background information on an individual by the FBI to the White House, except as specified.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Seaport Multiyear Security Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's 361 seaports are considered a major terrorist target. Al Qaeda has strong ties to the shipping industry and one of the aims of this terrorist network is to weaken the economic security of our country. (2) The Nation's coastline is our longest border, which is a 95,000-mile coast that includes the Great Lakes and inland waterways. (3) Protecting America's seaports is critical to the Nation's economic growth and vitality. Seaports handle 95 percent of our Nation's overseas trade by volume, support the mobilization and deployment of the Armed Forces, and serve as transit points for millions of cruise and ferry passengers. (4) Maritime industries contribute $742,000,000,000 per year to our Gross National Product. (5) The United States Coast Guard has issued final regulations that call for an immediate and long-term investment in the security of our seaports. (6) According to the United States Coast Guard, implementing these regulations will cost $1,125,000,000 in the first year and $5,450,000,000 over 10 years. (7) Given the Nation's economic dependence on our seaports and our ongoing national security concerns, seaport security funding and the need for Federal support for the Nation's security should be ongoing. (8) Given the enormity of the seaport capital infrastructure projects, Congress needs to establish a multi- year seaport grant program that resembles the Letter of Intent measures established in the aviation security program. (9) The continuing security and economic needs that face the Nation and our seaports should be recognized by the implementation of this Act. SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. (a) Grant Authority.--Subject to the requirements of this section, the Secretary of Homeland Security may make grants to seaports to enhance security. (b) Applications.--A seaport seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary prescribes. (c) Grant Awards.-- (1) In general.--The Secretary, after consultation with the Secretary of Transportation, may approve an application of a seaport for a grant under this section only if the Secretary determines that the project will improve security at a seaport or improve the efficiency of the seaport without lessening security. (2) Priority.--The Secretary shall give priority in awarding grants under this section to seaports that the Secretary considers will impact or enhance the Nation's seaport security. (d) Matching Requirements.-- (1) 75-percent federal funding.--Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions.-- (A) Small projects.--A seaport with a project under subsection (a) that costs less than $25,000 shall not be required to match Federal funds. (B) Higher level of support required.--If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). (e) Letters of Intent.-- (1) Issuance.--The Secretary may issue a letter of intent to a seaport committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for a seaport security improvement project (including interest costs and costs of formulating the project). (2) Schedule.--A letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the seaport for the Government's share of the project's costs, as amounts become available, if the seaport, after the Secretary issues the letter, carries out the project without receiving amounts under this section. (3) Notice to secretary.--A seaport that has been issued a letter of intent under this subsection shall notify the Secretary of the seaport's intent to carry out a project before the project begins. (4) Notice to congress.--The Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations.--A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction.--Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (f) Application of Additional Requirements.--The Secretary may require as a condition for issuance of a letter of intent such reasonable administrative requirements as necessary to carry out the provisions of this Act. (g) Secretary Defined.--Unless otherwise provided, in this section, the term ``Secretary'' means the Secretary of Homeland Security. (h) Notification to Committee.--The Secretary shall notify the appropriate committees of Congress when a grant is made under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $800,000,000 for each of fiscal years 2005 through 2009. Such sums shall remain available until expended.

United States Seaport Multiyear Security Enhancement Act - Authorizes the Secretary of Homeland Security to make grants to seaports to enhance security if the Secretary, in consultation with the Secretary of Transportation, determines that the grant will improve security at a seaport or improve the efficiency of the seaport without lessening security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harold Hughes Commission on Alcoholism Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Harold Hughes Commission on Alcoholism (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall carry out the following studies of alcoholism: (1) A study of existing Federal governmental agencies and programs related to alcoholism to determine how such programs and agencies could be better designed or coordinated in order to increase the effectiveness of the funds allocated to them. (2) A study of how existing government agencies could be more effectively utilized to educate the American public about the known social and financial costs of alcoholism; and how such agencies could work more effectively with private sector groups to better educate the American people about alcoholism its prevention, and treatment. (3) A study of the nature and extent of instruction on alcoholism provided to physicians in American medical schools and through the certification and re-certification process in the various States, including an examination of the requirements for accreditation of medical schools as they relate to alcoholism. (4) A study of unmet research needs in the area of alcoholism, and how research money can be prioritized for best results and appropriate research funding levels in view of the size and scope of the alcoholism problem. (5) A study of the effectiveness of the various forms of alcoholism treatment and the cost-effectiveness of increasing access to public and private treatment for those with alcoholism including the role of managed care. (6) Such other studies as the Commission determines to be appropriate. (b) Reports.--Not later than two years after the date on which amounts under section 8 are first made available for carrying out this Act, the Commission shall submit to the President and the Congress a report describing the findings made in studies under subsection (a). The Commission may submit to the President and the Congress such interim reports regarding the duties of the Commission under such subsection as the Commission determines to be appropriate. SEC. 4. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 12 voting members appointed in accordance with paragraph (2) and one ex officio voting member designated in paragraph (3). (2) Appointed members.--Members of the Commission shall be appointed in accordance with the following: (A) The President shall appoint four individuals from among individuals who are not officers or employees of the Federal Government. Of such individuals-- (i) one shall represent the medical profession and teaching hospitals; (ii) one shall represent employee assistance programs; (iii) one shall represent entities that provide health insurance or operate health plans; and (iv) one shall represent entities that provide treatment for alcoholism. (B) The President Pro Tempore of the Senate shall, after consultation with the majority and minority leaders of the Senate, appoint four individuals. Of such individuals-- (i) two shall be Senators; and (ii) two shall be appointed from among individuals who are not officers or employees of the Federal Government. (C) The Speaker of the House of Representatives shall, after consultation with the majority and minority leaders of the House, appoint four individuals. Of such individuals-- (i) two shall be Members of the House; and (ii) two shall be appointed from among individuals who are not officers or employees of the Federal Government. (3) Ex officio member.--The Director of the National Institute on Alcoholism and Alcohol Abuse shall serve as an ex officio member of the Commission. (b) Chair.--The President shall designate a member of the Commission to serve as the chair of the Commission. The Chair shall be a member who was appointed to the Commission from among individuals who were not officers or employees of the Federal Government. (c) Terms.--The term of a member of the Commission is the duration of the Commission. (d) Vacancies.-- (1) Authority of commission.--A vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties under section 3. (2) Appointment of successors.--A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term.--If a member of the Commission does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair or a majority of the members, except that not less than two meetings shall be held each year for the duration of the Commission. (2) Quorum.--A quorum for meetings of the Commission is constituted by the presence of 7 members, except that a lesser number may conduct hearings under section 6(a). (e) Compensation; Reimbursement of Expenses.-- (1) Compensation.--Members of the Commission may not receive compensation for service on the Commission, subject to paragraph (2). (2) Reimbursement.--Members of the Commission may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Commission. SEC. 5. STAFF AND CONSULTANTS. (a) Staff.-- (1) In general.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission, including an executive director. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (2) Limitation.--Staff members appointed under paragraph (1) may not be compensated in excess of the maximum rate of basic pay payable for GS-15, except that the executive director may not be compensated in an amount exceeding the maximum rate of basic pay payable under the General Schedule for positions above GS-15. (b) Consultants.--The Commission may procure such temporary and intermittent services of consultants under section 3109(b) of title 5, United States Code, as the Commission may determine to be useful in carrying out the duties under section 3. The Commission may not procure services under this subsection at any rate in excess of the daily equivalent of the maximum annual rate of basic pay payable under the General Schedule for positions above GS-15. Consultants under this subsection may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred for activities carried out on behalf of the Commission pursuant to section 3. SEC. 6. POWERS. (a) In General.--For the purpose of carrying out the duties of the Commission under section 3, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (b) Obtaining Official Information.--Upon the request of the Commission, the heads of Federal agencies shall furnish directly to the Commission information necessary for the Commission to carry out the duties under section 3. (c) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support, including quarters for the Commission, as may be necessary for the Commission to carry out the duties under section 3. (e) Acceptance of Gifts.--The Commission may accept cash and in- kind contributions to the Commission for the purpose of carrying out the activities of the Commission. SEC. 7. DURATION OF COMMISSION. The Commission terminates upon the expiration of the 60-day period beginning on the date on which the final report is submitted under section 3(b). SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. For the purpose of carrying out this Act, there is authorized to be appropriated $3,000,000. Amounts appropriated under the preceding sentence are available until the termination of the Commission under section 7.

Harold Hughes Commission on Alcoholism Act - Establishes the Harold Hughes Commission on Alcoholism to study: (1) existing Federal agencies and programs related to alcoholism; (2) public education, both directly by governmental agencies and by governmental agencies working with private sector groups; (3) physician instruction; (4) unmet research needs; and (5) treatment effectiveness and cost- effectiveness. Authorizes appropriations.