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SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmington Wild and Scenic River Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 99-590 authorized the study of 2 segments of the West Branch of the Farmington River, including an 11-mile headwater segment in Massachusetts and the uppermost 14-mile segment in Connecticut, for potential inclusion in the wild and scenic rivers system, and created the Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments, and other river interests, to advise the Secretary of the Interior in conducting the study and concerning management alternatives should the river be included in the wild and scenic rivers system; (2) the study determined that both segments of the river are eligible for inclusion in the wild and scenic rivers system based upon their free-flowing condition and outstanding fisheries, recreation, wildlife, and historic values; (3) the towns that directly abut the Connecticut segment (Hartland, Barkhamsted, New Hartford, and Canton), as well as the town of Colebrook, which abuts the major tributary of the segment, have demonstrated their desire for national wild and scenic river designation through town meeting actions endorsing designation; (4) the 4 abutting towns have demonstrated their commitment to protect the river through the adoption of river protection overlay districts, which establish a uniform setback for new structures, new septic systems, sand and gravel extraction, and vegetation removal along the entire length of the Connecticut segment; (5) during the study, the Farmington River Study Committee and the National Park Service prepared a comprehensive management plan for the Connecticut segment, the Upper Farmington River Management Plan, dated April 29, 1993, which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the river; and (6) the Farmington River Study Committee voted unanimously on April 29, 1993, to adopt the Upper Farmington River Management Plan and to recommend that Congress include the Connecticut segment in the wild and scenic rivers system in accordance with the spirit and provisions of the Upper Farmington River Management Plan, and to recommend that, in the absence of town votes supporting designation, no action be taken regarding wild and scenic river designation of the Massachusetts segment. SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``( ) Farmington River, Connecticut.-- ``(A) Designation and management.--The 14-mile segment of the West Branch and mainstem extending from immediately below the Goodwin Dam and Hydroelectric Project in Hartland, Connecticut, to the downstream end of the New Hartford-Canton, Connecticut, town line (referred to in this paragraph as the `segment'), to be administered by the Secretary of the Interior in cooperation with the Farmington River Coordinating Committee established under paragraph (B) as a recreational river. The segment shall be managed in accordance with the Upper Farmington River Management Plan, dated April 29, 1993, adopted on April 29, 1993 by the Farmington River Study Committee (referred to in this paragraph as the `Plan'). The Plan shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to section 3(d) of this Act. ``(B) Management committee.--Not later than 90 days after the date of enactment of this paragraph, there shall be established a Farmington River Coordinating Committee to assist in the long-term protection of the segment and the implementation of this paragraph and the Plan. The membership, functions, responsibilities, and administrative procedures of the Committee shall be as set forth in the Plan. The Committee shall not be a Federal advisory committee, and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Federal role.--(i) The Director of the National Park Service (referred to in this paragraph as the `Director') shall represent the Secretary in the implementation of the Plan and the provisions of this Act with respect to the segment designated by this paragraph, including the review of proposed federally assisted water resources projects that could have a direct and adverse effect on the values for which the segment was established, as authorized under section 7(a) of this Act. ``(ii) Pursuant to sections 10(e) and 11(b)(1) of this Act, the Director may enter into cooperative agreements with the State of Connecticut, the towns of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, and the Committee. Such cooperative agreements shall be consistent with the Plan and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segment. ``(iii) The Director may provide technical assistance, staff support, and funding to assist in the implementation of the Plan. ``(iv) Notwithstanding section 10(c) of this Act, no portion of the segment designated by this paragraph shall become a part of the National Park System nor shall it be subject to regulations that govern the National Park System. ``(D) Water resources projects.--(i) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segment designated by this paragraph was included in the national wild and scenic rivers system, the Secretary shall specifically consider the extent to which the project is consistent with the Plan. ``(ii) Congress finds that the existing operation of the Colebrook Dam and Goodwin Dam hydroelectric facilities, together with associated transmission lines and other existing project works, pursuant to licenses or exemptions granted under the Federal Power Act (16 U.S.C. 791a et seq.) and in effect on the date of enactment of this paragraph, is not incompatible with the designation of the segment referred to in subparagraph (A) as a component of the national wild and scenic rivers system, and will not have a direct and adverse effect on, nor unreasonably diminish, the values for which the segment was established. Notwithstanding any provision in this Act to the contrary, the designation of the river shall not affect the ability of the Federal Energy Regulatory Commission to license or relicense (including exempting from licensing) the continued operation of the Colebrook Dam and Goodwin Dam hydroelectric projects, together with associated transmission lines and other project works if such operation is consistent with the Plan. ``(iii) Notwithstanding any provision in this Act to the contrary, inclusion of the segment designated by this paragraph in the wild and scenic rivers system shall not impair the continued operation of the Colebrook Dam and Reservoir by the United States Army Corps of Engineers for the purpose of flood control. ``(iv) The Plan, including the detailed analysis of instream flow needs incorporated in the Plan and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals. ``(E) Land management.--(i) The zoning ordinances adopted by the towns of Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, including the `river protection overlay districts' in effect on the date of enactment of this paragraph, satisfy the standards and requirements of section 6(c) of this Act. For the purpose of section 6(c), such towns shall be deemed `villages' and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply. ``(ii) Nothing in this Act shall authorize management by the Federal Government of lands that are not owned by the Federal Government. All lands along the segment and its tributaries shall be managed by the owners of the land. ``(iii) The Federal Government shall not acquire land along the segment or its tributaries for the purposes of wild and scenic river designation. Nothing in this Act shall prohibit Federal acquisition of land along the segment for other purposes, or the use of Federal funds administered by State or local agencies to acquire land along the segment. ``(F) Miscellaneous.--Notwithstanding section 3(b), no distinct lateral boundary shall be established for the segment of the river designated by this paragraph, as set forth in the Plan. ``(G) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this paragraph.''.

Farmington Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Farmington River in Connecticut as a component of the National Wild and Scenic River System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior in cooperation with the Farmington River Coordinating Committee (established under this Act); and (2) managed in accordance with the Upper Farmington River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary in implementing the Plan and the Act with respect to the segment, including the review of proposed federally-assisted water resources that could adversely affect the values for which the segment was established. Authorizes the Director to enter into cooperative agreements with the State of Connecticut, the towns of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, and the Coordinating Committee that are consistent with the Plan and that may provide for financial or other Federal assistance to facilitate the long-term protection, conservation, and enhancement of the segment. Prohibits any portion of the segment from becoming a part of the National Park System. Provides for the continued operation of the Colebrook Dam and Goodwin Dam hydroelectric projects, under specified conditions, and the continued operation of the Colebrook Dam and Reservoir by the U.S. Army Corps of Engineers for flood control. Requires the Plan to serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals. Provides that: (1) the zoning ordinances adopted by specified towns and the river protection overlay districts in effect on the enactment of this Act satisfy the standards and requirements of the Act; and (2) all lands along the segment and its tributaries shall be managed by the owners of the land. Authorizes: (1) the Government to acquire land along the segment or its tributaries for purposes other than wild and scenic river designation; and (2) the use of Federal funds administered by State and local agencies to acquire such land. Authorizes appropriations.

Farmington Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel Regional Investment Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The importance of travel and tourism cannot be overstated. Travel and tourism employs America. (2) Approximately 7,720,000 domestic jobs depend on the travel and tourism industry. (3) The travel and tourism industry accounts for 2.8 percent of the Nation's gross domestic product. (4) The travel and tourism industry generates $1,300,000,000,000 in total expenditures. (5) The travel and tourism industry lost 392,000 jobs in 2009. (6) In 2009, tourism output declined by $100,000,000,000. (7) Total direct tourism employment decreased by 0.5 percent in 2010. (8) Public-private partnerships have been underutilized in the promotion of travel and tourism and are a dynamic tool in creating new domestic tourism markets and promoting domestic regional tourism growth. SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM. (a) Establishment.--The Secretary shall establish a competitive grant program, to be administered by the Office of Travel and Tourism Industries, to promote domestic regional tourism growth and new domestic tourism market creation. (b) Range of Grant Monetary Amounts.--The amount of each grant awarded under this section shall be not less than $100,000 and not more than $1,000,000. (c) Grantee Eligibility Requirements.-- (1) Eligible entities.--Grants may be awarded under this section to-- (A) State tourism offices; (B) local destination marketing organizations; and (C) partnerships between a State or local government and local tourism entities. (2) Regional diversity.--In awarding grants under this section, the Secretary may consider-- (A) giving priority to regions with low contributions to tourism marketing; (B) maintaining regional diversity of grant recipients; and (C) providing benefits to rural and less-marketed destinations. (3) Use of funds.--Grants awarded under this section may be used to-- (A) promote domestic regional tourism growth; and (B) create new domestic tourism markets. (4) Application process.-- (A) Submission.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and with such information and assurances as the Secretary may require. (B) Contents.--Each application submitted under subparagraph (A) shall include-- (i) a description of the tourist promotion activities to be funded by the grant; and (ii) in the case of a partnership between a State or local government and local tourism entities-- (I) a list of the specific tourist entities that such government has partnered with to promote tourism within the relevant domestic region; (II) the details of the partnership agreement; (III) specific information explaining how such partnership will increase regional tourism; and (IV) the anticipated positive impact of the partnership on job creation and employment in the relevant domestic region. (d) Matching Requirement.-- (1) Non-federal funds.--As a condition for receiving a grant under this section, the grant recipient shall provide, either directly or through donations from public or private entities, non-Federal matching funds, in cash or in-kind, in an amount equal to the amount of the grant. (2) Special rule for in-kind donations.--Of the amount of non-Federal matching funds required under paragraph (1), not more than 25 percent may be provided through in-kind contributions. (e) Reports.--Not later than 6 months after the last day of each fiscal year in which grants are awarded by the Secretary under this section, the Secretary shall submit a report to Congress that details-- (1) travel-generated expenditures; (2) travel-generated tax receipts; and (3) travel-generated employment. (f) Definitions.--In this section: (1) Local tourist entity.--The term ``local tourist entity'' means any public or private sector business engaged in tourism-related activities. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of the first 5 fiscal years beginning after the date of the enactment of this Act, $10,000,000, which shall be used for grants under this section and shall remain available until expended.

Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program to promote domestic regional tourism growth and new domestic tourism markets. Limits grant amounts to a minimum of $100,000 and a maximum of $1 million. Allows such grants to be awarded to state tourism offices, local destination marketing organizations, and partnerships between a state or local government and local tourism entities. Requires matching funds from grant recipients. Directs the Secretary to report annually to Congress on travel-generated expenditures, receipts, and employment related to the use of such grants.

To direct the Secretary of Commerce to establish a competitive grant program to promote domestic regional tourism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Community Radio Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. (2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. (3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening. (4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. (5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. (6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called ``low-power FM'' or ``LPFM'' to ``enhance locally focused community-oriented radio broadcasting''. (7) Through the creation of LPFM, the Commission sought to ``create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests''. (8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, ``We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.''. (9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. (10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. (11) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. (12) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. (13) Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. (14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. (15) Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture. (16) LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information. SEC. 3. REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed. SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 5. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure-- (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. SEC. 7. PROHIBITIONS ON CERTAIN APPLICANTS. The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. SEC. 9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS. The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

Local Community Radio Act of 2007 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to: (1) modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations; and (2) retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. Requires the FCC to: (1) modify rules authorizing the operation of low-power FM radio stations, as proposed in a specified docket, to prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station; (2) retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in states with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area; and (3) conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anwar Sadat Centennial Celebration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Anwar Sadat was born on December 25, 1918, in Mit Abu al- Kum, al-Minufiyah, Egypt, as 1 of 13 children in a poor Egyptian family. (2) In 1938, Sadat graduated from the Royal Military Academy in Cairo and was appointed to the Signal Corps. (3) Sadat entered the Army as a second lieutenant and was posted to Sudan where he met Gamal Abdel Nasser and fellow junior officers who became the ``Free Officers'' who led the Egyptian revolution of 1952. (4) Sadat held various high positions during Nasser's presidency, assuming the role of President of the National Assembly in 1960 and Vice President in 1964. (5) President Nasser died of a heart attack on September 28, 1970, at which point Sadat became acting President. Sadat was subsequently elected as the third President of Egypt. (6) On October 6, 1973, President Sadat, along with his Syrian counterparts, launched an offensive against Israel. A permanent cease-fire was reached on October 25, 1973. (7) In 1974, after talks facilitated by Secretary of State Henry Kissinger, Egypt and Israel signed an agreement allowing Egypt to formally retrieve land in the Sinai. President Sadat later wrote in his memoirs that his meetings with Kissinger ``marked the beginning of a relationship of mutual understanding with the United States culminating and crystallizing in what we came to describe as a `peace process'. Together we started that process and the United States still supports our joint efforts to this day''. (8) Months of diplomacy between Egypt and Israel followed the signing of this initial agreement and a second disengagement agreement, the Sinai Interim Agreement, was signed in September of 1975. (9) President Sadat addressed a joint session of Congress on November 5, 1975, during which he underscored the shared values between the United States and Egypt. In this speech, President Sadat addressed the path to peace, saying, ``We are faced, together with other nations, with one of the greatest challenges of our time, namely the task of convincing this generation, and those to follow, that we can finally build a viable international system capable of meeting the demands of tomorrow and solving the problems of the coming age''. (10) On November 19, 1977, President Sadat became the first Arab leader to visit Israel, meeting with the Israeli Prime Minister, Menachem Begin. President Sadat spoke before the Israeli Knesset in Jerusalem about his views on how to achieve comprehensive peace in the Arab-Israeli conflict. (11) Before commencing negotiations, President Sadat courageously announced to the Knesset, ``I have come to you so that together we might build a durable peace based on justice, to avoid the shedding of 1 single drop of blood from an Arab or an Israeli. It is for this reason that I have proclaimed my readiness to go to the farthest corner of the world''. President Sadat further poignantly stated that ``any life lost in war is a human life, irrespective of its being that of an Israeli or an Arab. * * * When the bells of peace ring, there will be no hands to beat the drums of war''. (12) On September 17, 1978, President Jimmy Carter hosted President Sadat and Prime Minister Begin at Camp David where the 3 leaders engaged in 13 days of negotiations that resulted in the ``Framework for Peace in the Middle East'' (commonly known as the ``Camp David Accords''). (13) Following negotiations, President Sadat and Prime Minister Begin signed the Egypt-Israel Peace Treaty (in this section referred to as the ``Peace Treaty'') at the White House on March 26, 1979. Addressing President Sadat at the signing of the Peace Treaty, which remains an important anchor for peace in the region today, Prime Minister Begin commended President Sadat by saying, ``In the face of adversity and hostility, you have demonstrated the human value that can change history--civil courage''. (14) The Peace Treaty featured mutual recognition of each country by the other and ultimately the cessation of the state of war that had existed between Israel and Egypt since the 1948 Arab- Israeli War. Israel completely withdrew its armed forces and civilians from the rest of the Sinai. (15) In 1978, both President Sadat and Prime Minister Begin were awarded the Nobel Peace Prize for signing the Peace Treaty, which made Egypt the first Arab country to officially recognize Israel. (16) While presenting the Nobel Peace Prize to President Sadat, Aase Lionaes, Chairman of the Norwegian Nobel Committee, said, ``During the 30 preceding years, the peoples of the Middle East have, on 4 separate occasions, been the victims of warfare and there seemed no prospect of peace. President Sadat's great contribution to peace was that he had sufficient courage and foresight to break away from this vicious circle. His decision to accept Prime Minister Menachem Begin's invitation of November 17, 1977, to attend a meeting of the Israeli parliament on November 19 was an act of great courage, both from a personal and from a political point of view. This was a dramatic break with the past and a courageous step forward into a new age''. (17) During his Nobel lecture, President Sadat remarked, ``I made my trip because I am convinced that we owe it to this generation and the generations to come not to leave a stone unturned in our pursuit of peace''. (18) In remarks to the People's Assembly in Cairo on March 10, 1979, President Carter praised President Sadat, telling the Assembly, ``Your President has demonstrated the power of human courage and human vision to create hope where there had been only despair.''. President Carter also said that the Peace Treaty would ``strengthen cooperation between Egypt and the United States'' and underscored the support of the United States for the agreement, saying, ``I fully share and will support President Sadat's belief that stability must be maintained in this part of the world * * * He and I recognize that the security of this vital region is being challenged. I applaud his determination to meet that challenge, and my Government will stand with him''. (19) The signing of the Peace Treaty enraged many individuals who opposed normalized relations with Israel. President Sadat was assassinated on October 6, 1981, by Khalid Islambouli, a member of Egyptian Islamic Jihad. President Sadat was well aware of the controversy to which his actions would lead, but pushed for peace anyway. (20) Upon the death of President Sadat, President Ronald Reagan proclaimed, ``President Sadat was a courageous man whose vision and wisdom brought nations and people together. In a world filled with hatred, he was a man of hope. In a world trapped in the animosities of the past, he was a man of foresight, a man who sought to improve a world tormented by malice and pettiness''. (21) President Sadat is recognized in the United States and throughout the world as a respected leader and champion of peace whose vision provided a roadmap for the peaceful resolution of conflict that endures nearly 40 years after its inception. (22) President Sadat bravely reached out to Israel and dedicated himself to peace, furthering the national security of Egypt and the stability of the Middle East. (23) On the 30th anniversary of the Peace Treaty, President Barack Obama praised the enduring legacy of the Camp David Accords and the ``courage and foresight of these leaders, who stood together in unity to change the course of our shared history''. President Obama closed by saying, ``Today, as we seek to expand the circle of peace among Arabs and Israelis, we take inspiration from what Israel and Egypt achieved 3 decades ago, knowing that the destination is worthy of the struggle''. (24) The Camp David Accords and the Peace Treaty continue to serve the interests of the United States by preserving peace and serving as a foundation for partnership and dialogue in a region fraught with conflict and division. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Presentation.-- (1) In general.--The gold medal referred to in subsection (a) shall be presented to-- (A)(i) the widow of Anwar Sadat, Jehan Sadat; or (ii) if Jehan Sadat is unavailable, the next of kin of Jehan Sadat; and (B) a representative of the Government of Egypt. (2) Award of medal.--Following the presentation described in paragraph (1), the gold medal shall be given to-- (A) Jehan Sadat; or (B) if Jehan Sadat is unavailable, the next of kin of Jehan Sadat. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Anwar Sadat Centennial Celebration Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East. Such medal shall be presented to: (1) the widow of Anwar Sadat, Jehan Sadat, or her next of kin; and (2) a representative of the government of Egypt.

Anwar Sadat Centennial Celebration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Fertility Coverage Act of 2005''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Equity in fertility coverage.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--The provisions of section 2707 (other than subsection (c)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2753 of the Public Health Service Act.''. (d) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2006. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2006. (3) The amendment made by subsection (c) shall apply with respect to contracts for periods beginning on and after January 1, 2006. (e) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Equity in Fertility Coverage Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage of impotency medications such as Viagra to also provide coverage of fertility treatments. Applies such requirements to coverage offered in the individual market and to coverage offered through the federal employees health benefit plan.

To assure equitable treatment of fertility and impotence in health care coverage under group health plans, health insurance coverage, and health plans under the Federal employees' health benefits program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting New Manufacturing Act''. SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD. (a) In General.--The Administrator shall, with respect to fiscal year 2008 and each subsequent fiscal year, publish in a readily accessible location on the Environmental Protection Agency's public Website the Agency's estimate of the following: (1) The total number of preconstruction permits issued during the fiscal year. (2) The percentage of such preconstruction permits issued within one year after the date of filing of a completed application. (3) The average length of time for the Agency's Environmental Appeals Board to issue a final decision on petitions appealing decisions to grant or deny a preconstruction permit application. (b) Initial Publication; Updates.--The Administrator shall-- (1) make the publication required by subsection (a) for fiscal years 2008 through 2013 not later than 60 days after the date of enactment of this Act; and (2) update such publication not less than annually. (c) Sources of Information.--In carrying out this section: (1) With respect to information to be published for fiscal years 2008 through 2013, the Environmental Protection Agency's estimates shall be based on information that is in the Agency's possession as of the date of enactment of this Act, including information in the RACT/BACT/LAER Clearinghouse database. (2) With respect to information to be published for any fiscal year, nothing in the section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN PRECONSTRUCTION PERMITTING. (a) In General.--In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary and appropriate to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. (b) Applicability of Standard to Preconstruction Permitting.--If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Agency has published such final regulations and guidance. (c) Rules of Construction.-- (1) After publishing regulations and guidance for implementing national ambient air quality standards under subsection (a), nothing in this section shall preclude the Environmental Protection Agency from issuing subsequent regulations or guidance to assist States and facilities in implementing such standards. (2) Nothing in this section shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable. (3) Nothing in this section shall be construed to limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF PRECONSTRUCTION PERMITS. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report-- (1) identifying the activities being undertaken by the Environmental Protection Agency to increase the efficiency of the preconstruction permitting process; (2) identifying the specific reasons for delays in issuing-- (A) preconstruction permits required under part C of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond the one-year statutory deadline mandated by section 165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or (B) preconstruction permits required under part D of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond the one-year period beginning on the date on which the permit application is determined to be complete; (3) describing how the Agency is resolving delays in making completeness determinations for preconstruction permit applications; (4) describing how the Agency is resolving processing delays for preconstruction permits, including any increases in communication with State and local permitting authorities; and (5) summarizing and responding to public comments concerning the report received under subsection (b). (b) Public Comment.--Before submitting each report required by subsection (a), the Administrator shall publish a draft report on the Website of the Environmental Protection Agency and provide the public with a period of at least 30 days to submit comments on the draft report. (c) Sources of Information.--Nothing in this section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 5. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Best available control technology.--The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (3) Lowest achievable emissions rate.--The term ``lowest achievable emissions rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (4) Major emitting facility; major stationary source.--The terms ``major emitting facility'' and ``major stationary source'' have the meaning given to those terms in section 302(j) of the Clean Air Act (42 U.S.C. 7602(j)). (5) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard for an air pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on or after the date of enactment of this Act. (6) Preconstruction permit.--The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority. (7) RACT/BACT/LAER clearinghouse database.--The term ``RACT/BACT/LAER Clearinghouse database'' means the central database of air pollution technology information that is posted on the Environmental Protection Agency's Website. Passed the House of Representatives November 20, 2014. Attest: KAREN L. HAAS, Clerk.

Promoting New Manufacturing Act - (Sec. 2) Requires the Environmental Protection Agency (EPA) to publish on its website for FY2008 and each subsequent fiscal year: the total number of preconstruction permits issued annually under the Clean Air Act's New Source Review Program for the construction or modification of a major emitting facility or major stationary source (any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant); the percentage of permits issued within one year of the application; and the average length of time for the EPA's Environmental Appeals Board to decide appeals of decisions to grant or deny a permit. (Sec. 3) Requires the EPA to publish concurrently regulations and guidance for implementing any final rule establishing or revising a national ambient air quality standard (NAAQS). Prohibits a NAAQS from applying to the review and disposition of a permit application until the EPA has met this requirement. Prohibits this Act from being construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and the lowest achievable emissions rate technology. (Sec. 4) Requires the EPA to submit annually a report on actions to expedite the process for review of preconstruction permits.

Promoting New Manufacturing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury in Dental Fillings Disclosure and Prohibition Act''. SEC. 2. FINDINGS. (a) General Findings.--The Congress finds as follows: (1) Elemental mercury and mercury compounds are known to be toxic and hazardous to human health and to the environment. (2) Mercury is number three on the 2003 CERCLA Priority List of Hazardous Substances, behind arsenic and lead. (3) A dental amalgam, commonly referred to as a ``silver filling'', consists of 42 to 58 percent mercury. (4) Consumers may be deceived by the use of the term ``silver'' to describe a dental amalgam, which contains substantially more mercury than silver. (5) Dentists purchase 34 tons of mercury per year, the Nation's third largest purchaser of mercury. Dentists place millions of amalgam fillings in children each year, even though interchangeable substitutes of non-toxic materials could also fill those cavities. Each amalgam filling contains \1/2\ to \3/ 4\ of a gram of mercury. (6) The mercury contained in dental amalgam is continually emitted in the form of mercury vapor, and the total amount of mercury released depends upon the total number of fillings; their age, composition, and surface area; the intra-oral presence of other metals; dietary and lifestyle habits; and other chemical and metabolic conditions affecting the mouth. (7) When mercury vapors are inhaled, most of the mercury (about 80 percent) enters the bloodstream directly through the lungs and then rapidly deposits preferentially in the brain and kidneys as well as other parts of the body. (8) Mercury toxicity is a retention toxicity (total body burden) that builds up over years of exposure, and is therefore dependent on all sources of mercury to which an individual may be exposed. (9) The National Institutes of Health has concluded that when inorganic mercury is located in brain tissue, researchers are unable to demonstrate an appreciable half-life, or decrease, of mercury over time (more than 120 days). The implications of this conclusion are that dental amalgam exposure will permanently increase mercury body burden. (10) According to the World Health Organization, the estimated average daily intake and retention of mercury from dental amalgam ranges from 3 to 27 micrograms per day, and is greater than all other sources combined. (11) The California Dental Association, by court order, requires postings of warnings about mercury fillings in California Dental Offices as of March 9, 2003. The warnings read ``NOTICE TO PATIENTS: PROPOSITION 65 WARNING: Dental Amalgam, used in many dental fillings, causes exposure to mercury, a chemical known to the state of California to cause birth defects or other reproductive harm''. (12) United States consumers and parents have a right to know, in advance, the risks of placing a product containing a substantial amount of mercury in their mouths or the mouths of their children. (13) According to the Agency for Toxic Substances and Disease Registry, the mercury from amalgam passes through the placenta of pregnant women and through the breast milk of lactating women, increasing health risks to both unborn children and newborn babies. (14) The National Academy of Sciences estimated that ``over 600,000 children are born each year at risk for adverse neurodevelopmental effects due to in utero exposure to methyl mercury''. This report urged the need to understand the relative amount of mercury attributable to dental amalgam and to thimerosal in vaccines. (15) Studies show that a variety of commonly found human intestinal and oral bacteria can methylate mercury. In this way, the mercury vapor from fillings biotransforms into the highly neurotoxic and teratogenic methylmercury. (16) The use of mercury in any product being put into the body is opposed by many health groups, such as the American Public Health Association, the California Medical Association, and Health Care Without Harm. (17) Highly effective and durable alternatives to mercury- based dental fillings exist, but many publicly and privately financed health plans do not allow consumers to choose alternatives to dental amalgam. (b) Environmental Findings.--In addition to the findings of subsection (a), the Congress finds as follows: (1) Mercury wastewater released from dental clinics has been shown to fail the Environmental Protection Agency's toxicity characteristic leaching procedure and, therefore, is regulated as hazardous waste. (2) Research from the Naval Dental Research Institute indicates that, when discharged to the environment, conditions may be right for waste dental mercury to methylate, become bioavailable, and subsequently biomagnify in fish as methyl mercury, the most toxic form of mercury. (3) Forty-eight States, the District of Columbia, and the United States Territory of American Samoa have issued 2,362 fish consumption advisories to their residents due to mercury contamination. (4) The Food and Drug Administration has issued fish consumption advisories due to levels of mercury in commercially-caught fish and, in January 2001, warned pregnant woman and young children not to eat certain marine fish. (5) According to the Environmental Protection Agency, United States dentists use approximately 34 tons of mercury per year. (6) A report issued on June 5, 2002, by the Mercury Policy Project, the Sierra Club, Health Care Without Harm, Clean Water Action, and the Toxics Action Center stated that, because of mercury fillings, dental offices are now the leading source of mercury in the Nation's wastewater. (7) Mercury from dental amalgam can enter the environment during any point of the product's life-cycle. This includes placement or removal of fillings; through bodily excretions; when sewage sludge is incinerated, spread on crops, or dumped in land fills; when vapor is released or land filled; when vapor is released directly from the filling (which increases with brushing, chewing, and consuming hot foods or salt); and during cremation. Currently there are no requirements for mercury capture before or during cremation. (8) The Association of Metropolitan Sewerage Agencies reported human wastes from individuals with dental amalgam fillings to be the most significant source of domestic mercury entering publicly owned treatment works, greater than 80 percent of the total contributing factors. (9) According to the Association of Metropolitan Sewerage Agencies, removal of mercury from publicly owned treatment works has been shown to cost $10,000,000 to $100,000,000 for every pound removed. (10) Mercury use by the dental industry increased from 2 percent in 1980 to 22 percent of the total use of mercury in the United States in 2001, because of drastic declines in mercury use by other industries over that period. (11) Amalgam restorations were estimated to be 55 percent of the total mercury product reservoir in 2004 by the Environmental Protection Agency, and will therefore be a source of environmental contamination into the future. (12) According to a joint study by the Environmental Protection Agency and the Cremation Association of North America, approximately 238 pounds of mercury, mostly from dental amalgam fillings, were released from crematoria nationally in 1999. (13) Cremation is chosen in approximately 30 percent of all deaths, and this percentage is expected to increase every year. (14) According to industrial hygiene surveys, 6 to 16 percent of dental offices exceed the exposure levels for air mercury permitted by Occupational Safety and Health Administration standards. SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL AMALGAM INTO INTERSTATE COMMERCE. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(j) Effective January 1, 2009, if it contains mercury intended for use in a dental filling.''. (b) Transitional Provision.--For purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), effective December 31, 2007, and subject to the amendment made by subsection (a), a device that contains mercury intended for use in a dental filling shall be considered to be misbranded, unless it bears a label that provides as follows: ``Dental amalgam contains approximately 50 percent mercury, a highly toxic element. Such product should not be administered to children less than 18 years of age, pregnant women, or lactating women. Such product should not be administered to any consumer without a warning that the product contains mercury, which is a highly toxic element, and therefore poses health risks.''.

Mercury in Dental Fillings Disclosure and Prohibition Act - Amends the Federal Food, Drug, and Cosmetic Act to deem any drug or device to be adulterated if it contains mercury intended for use in a dental filling, effective January 1, 2009. Deems a device that contains mercury intended for use in a dental filling to be misbranded, effective December 31, 2007, unless it bears a specified warning label that it: (1) contains mercury, a highly toxic element; (2) should not be administered to children under age 18 or to pregnant or lactating women; and (3) poses health risks.

To prohibit after 2008 the introduction into interstate commerce of mercury intended for use in a dental filling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Urgent Access to Mental Healthcare Act''. SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CERTAIN FORMER MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720H the following new section: ``Sec. 1720I. Expansion of mental health care for certain former members of the Armed Forces ``(a) In General.--The Secretary shall furnish to former members of the Armed Forces described in subsection (b)-- ``(1) an initial mental health assessment; and ``(2) the mental health care services authorized under this chapter that the Secretary determines are required to treat the mental health care needs of the former member, including risk of suicide or harming others. ``(b) Former Members of the Armed Forces Described.--A former member of the Armed Forces described in this subsection is an individual who meets the following criteria: ``(1) The individual is a former member of the Armed Forces, including the reserve components, who-- ``(A) served in the active military, naval, or air service, and was discharged or released therefrom under a condition that is not honorable except-- ``(i) dishonorable; or ``(ii) bad conduct discharge; ``(B) has applied for a character of service determination and such determination has not been made; and ``(C) is not otherwise eligible to enroll in the health care system established by section 1705 of this title by reason of such discharge or release not meeting the requirements of section 101(2) of this title. ``(2) While serving in the Armed Forces-- ``(A) the former member was deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area; ``(B) participated in or experienced such combat operations or hostilities, including by controlling an unmanned aerial vehicle from a location other than such theater or area; or ``(C) was the victim of a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title). ``(c) Non-Department Care.--(1) In furnishing mental health care services to an individual under this section, the Secretary may provide such mental health care services at a non-Department facility if-- ``(A) in the judgment of a mental health professional employed by the Department, the receipt of mental health care services by that individual in facilities of the Department would be clinically inadvisable; or ``(B) facilities of the Department are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. ``(2) The Secretary shall carry out paragraph (1) pursuant to section 1703 of this title or any other provision of law authorizing the Secretary to enter into contracts or agreements to furnish hospital care and medical services to veterans at non-Department facilities. ``(d) Setting and Referrals.--In furnishing mental health care services to an individual under this section, the Secretary shall-- ``(1) seek to ensure that such mental health care services are furnished in a setting that is therapeutically appropriate, taking into account the circumstances that resulted in the need for such mental health care services; and ``(2) provide referral services to assist former members who are not eligible for services under this chapter to obtain services from sources outside the Department. ``(e) Information.--The Secretary shall provide information on the mental health care services available under this section. Efforts by the Secretary to provide such information-- ``(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); ``(2) shall ensure that information about the mental health care services available under this section-- ``(A) is revised and updated as appropriate; ``(B) is made available and visibly posted at appropriate facilities of the Department; and ``(C) is made available to State veteran agencies and through appropriate public information services; and ``(3) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for mental health care services under this section. ``(f) Annual Reports.--Each year, the Secretary shall submit to Congress an annual report on the mental health care services provided pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: ``(1) The number of individuals who received mental health care services under subsection (a), disaggregated by the number of men who received such services and the number of women who received such services. ``(2) Such other information as the Secretary considers appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 1720H the following new item: ``1720I. Expansion of mental health care for certain former members of the Armed Forces.''. SEC. 3. CHARACTER OF SERVICE DETERMINATIONS. (a) In General.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5303A the following new section: ``Sec. 5303B. Character of service determinations ``(a) Determination.--The Secretary shall establish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determination from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a benefit under the laws administered by the Secretary based upon the period of service from which discharged or dismissed. ``(b) Provision of Information.--If the Secretary determines under subsection (a) that an individual is barred to a benefit under the laws administered by the Secretary, the Secretary shall provide to such individual information regarding the ability of the individual to address such condition, including pursuant to section 5303 of this title and chapter 79 of title 10.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5303A the following new item: ``5303B. Character of service determinations.''. Passed the House of Representatives November 7, 2017. Attest: KAREN L. HAAS, Clerk.

Veteran Urgent Access to Mental Healthcare Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to furnish to former members of the Armed Forces: (1) an initial mental health assessment; and (2) the mental health care services required to treat the member's urgent mental health care needs, including risk of suicide or harming others. A former member of the Armed Forces is an individual who: served in the active military, naval, or air service, was discharged or released under a condition less than honorable (except a dishonorable or bad conduct discharge), has applied for a character of service determination that has not yet been made, and is not otherwise eligible to enroll in the VA health care system by reason of such discharge or release; or while serving in the Armed Forces, was deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area, participated in or experienced such combat operations or hostilities (including by controlling an unmanned aerial vehicle from a location other than such theater or area), or was the victim of a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment. The VA may provide such mental health care services at a non-VA facility if: (1) the receipt of mental health care services by an individual in VA facilities would be clinically inadvisable, or (2) VA facilities are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. The VA shall: (1) seek to ensure that such mental health care services are furnished in a therapeutically appropriate setting, and (2) provide referral services to assist former members who are not eligible for such VA services in obtaining services from non-VA sources. (Sec. 3) The VA shall establish a process by which an individual who was discharged from the Armed Forces can seek a VA determination as to whether the discharge was under a condition barring the individual from receiving a VA benefit. If the VA determines that the individual is so barred, the VA shall provide such individual with information regarding his or her ability to address such condition.

Veteran Urgent Access to Mental Healthcare Act

SECTION 1. FINDINGS. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. (2) On December 8, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed ``Rough Riders'' of the Spanish- American War, were the ``first to fire''. (3) Despite being cut off from supply lines and reinforcements, members of the Armed Forces and Philippine troops quickly executed a plan to delay the Japanese invasion and defend the Philippines against that invasion. (4) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (5) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. Because of the heroic actions of the defenders of Bataan, members of the Armed Forces and other Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (6) On April 9, 1942, Major General Edward King, whose troops suffered from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. (7) Over the next week, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. (8) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (9) Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. (10) The prisoners at Camp O'Donnell died at a rate of nearly 400 per day because of the poor conditions of the camp. (11) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. (12) Nearly 26,000 of the 50,000 Filipino prisoners of war died at Camp O'Donnell and survivors were gradually paroled from September through December 1942. (13) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (14) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (15) The veterans of Bataan represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (16) Over the subsequent decades, the veterans of Bataan formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. (17) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (18) Many of the survivors of Bataan have died and those who remain continue to tell their stories. (19) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the collective award, on behalf of Congress, of a gold medal of appropriate design to the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, in recognition of their personal sacrifice and service during World War II. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act 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 under subsection (a) in honor of the prisoners of war at Bataan and the the troops from the United States and the Philippines who defended Bataan, the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. (c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 4. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. 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.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the collective award of a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war in recognition of their personal sacrifice and service during World War II. The medal shall be displayed at the Smithsonian Institution, which is urged to make the medal available for display at other locations associated with such troops.

A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Travelers Bill of Rights Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Site operator.--The term ``site operator'' means an individual or entity that operates a Web site that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates a Web site that offers international travel services. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) International travel services.--The term ``international travel services'' means a service that a consumer can use to reserve lodging at an overseas vacation destination. (4) Overseas vacation destination.--The term ``overseas vacation destination'' means a resort, hotel, retreat, hostel, or any other similar lodging located outside the United States. (5) United states.--The term ``United States'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS. (a) In General.--A site operator, in a manner in compliance with regulations issued by the Commission and with the requirements of this Act, shall provide information on its Web site to consumers in a clear and conspicuous manner regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site, if any, including the following: (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts. (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination-- (A) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests; (B) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation; (C) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and (D) employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests. (b) Services Not Available 24 Hours a Day.--If the onsite health and safety services at an overseas vacation destination are not available 24 hours a day, 7 days a week, the site operator shall display the hours and days of availability on its Web site in a clear and conspicuous manner. (c) Information Not Available.--If the onsite health and safety services described in subsection (a)(2) are not available at an overseas vacation destination, or if the site operator does not possess information on the onsite health and safety services required to be displayed on its Web site, the site operator shall display in a clear and conspicuous manner the following: ``This destination does not provide certain health and safety services, or information regarding such services is not available. Travel to this destination may pose an increased risk to your health or safety.''. SEC. 4. CONSUMER COMPLAINTS. (a) Suspension.--A site operator shall establish a process under which an overseas vacation destination will be suspended from its Web site as a result of complaints from consumers to the site operator regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues with respect to such destination. (b) Public Availability.--A site operator shall make all complaints submitted by consumers publicly available on its Web site and may modify the contents of such complaints at the request of the complainant or may remove offensive language and personal identification information. SEC. 5. ENFORCEMENT. (a) In General.--A violation of any provision of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Deadline for Issuance of Regulations.--The Commission shall issue regulations to carry out this Act not later than 6 months after the date of the enactment of this Act.

International Travelers Bill of Rights Act of 2011 - Requires an individual or entity that operates a website that provides access to international travel services to provide on its website, in a clear and conspicuous way, information regarding the health and safety risks of overseas vacation destinations marketed on the site, including (1) information compiled by the Department of State that includes country-specific travel warnings and alerts; and (2) information on the availability of onsite health and safety services or a disclaimer that such services may not be available and travel may pose an increased risk to health or safety. Requires a site operator to: (1) establish a process under which an overseas vacation destination will be suspended from its website as a result of consumer complaints regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues; and (2) make all such complaints publicly available on its website. Allows an operator to modify complaints at the request of the complainant and to remove offensive language and personal identification information. Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act.

To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site.

SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS OF IMMIGRATION FRAUD. (a) In General.-- (1) Relief upon approval of application.--If an alien, upon application to the Secretary of Homeland Security, establishes to the satisfaction of the Secretary that such alien is an eligible alien (as defined in subsection (b)) and is, but for the specified immigration fraud, admissible to the United States as an immigrant and is not removable from the United States, the Secretary shall provide immigration relief for such alien under subsection (c). (2) Relief pending approval.--In the case of an eligible alien, the Secretary shall suspend any pending proceedings providing for revocation of adjustment of status, revocation of naturalization, or removal with respect to such eligible alien in order to provide such alien with a reasonable opportunity to apply for immigration relief under this section and during the pendency of the application for such relief. (b) Eligible Alien, Specified Immigration Fraud Defined.--For purposes of this section: (1) Eligible alien.--The term ``eligible alien'' means an alien-- (A) who obtained status as a nonimmigrant on or after January 1, 1980, and who, at the time of obtaining such status, was a national of the Republic of Korea; (B) who applied, before January 1, 1999, through one or more immigration brokers for adjustment of such status to that of the status of an alien lawfully admitted to the United States for permanent residence, and who applied through the Immigration and Naturalization office located in San Jose, California; (C) whose application for adjustment of status described in subparagraph (B) was approved as a result of bribery by such immigration brokers of a supervisor of the Immigration and Naturalization Service for such office; and (D) who had no actual knowledge of such fraud at the time of such adjustment. (2) Treatment of spouses and children.--Such term includes an alien who obtained lawful permanent resident status as the spouse or child of an eligible alien described in paragraph (1). (3) Specified immigration fraud.--The term ``specified immigration fraud'' means the bribery described in paragraph (1)(C). (c) Form of Immigration Relief.-- (1) In general.--If an application of an eligible alien under subsection (a) is approved, then-- (A) the specified immigration fraud shall not be considered in determining the admissibility or removeability of such alien; and (B) the Secretary shall provide for the restoration of the alien's status as if the original adjustment of status described in subsection (b)(1)(C) had been lawful, in accordance with the succeeding provisions of this subsection. (2) Restoration of status to lawful permanent resident.--In the case of an approved application for an alien whose adjustment of status to lawful permanent resident status was rescinded solely as a result of the specified immigration fraud, the Secretary shall vitiate such rescission and shall restore the status of such alien to that of an alien lawfully admitted for permanent residence. Such restoration shall be effective as of the date of such rescission. (3) Restoration of naturalization.--In the case of an eligible alien who has been naturalized as a citizen of the United States and whose naturalization was revoked solely as a result of the specified immigration fraud, the Secretary shall vitiate such revocation and shall restore such citizenship status to such alien. Such restoration shall be effective as of the date of such revocation. (4) Parole into the united states for eligible aliens who have departed.--In the case of an eligible alien who has been removed, or has voluntarily departed, from the United States in connection with charges relating to specified immigration fraud, the Secretary shall parole such alien into the United States for the purpose of filing an application for immigration relief under this section. (d) Procedures and Definitions.-- (1) Procedures for application.--An alien seeking immigration relief under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The Secretary shall not charge such alien a fee in connection with such application. (2) No reduction in number of immigrant visas available.-- The Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) if an application of an eligible alien for immigration relief under this section is approved. (3) Application of other definitions.--For purposes of this section and except as otherwise specifically provided, the term ``Secretary '' means the Secretary of Homeland Security and the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be construed to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible for immigration relief under this section shall not preclude such alien from seeking immigration relief under any other provision of law for which such alien may be eligible.

Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment of status to that of a lawful permanent resident (LPR) through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained approval for adjustment as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted derivative LPR status. Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens. Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where LPR status and naturalization were rescinded on the basis of the fraud; and (2) parole into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act. Prohibits the Secretary of State from reducing the number of available immigrant visas as the result of the approval of such an application for relief.

To provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clinical Care Commission Act''. SEC. 2. ESTABLISHMENT OF A NATIONAL CLINICAL CARE COMMISSION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-7. NATIONAL CLINICAL CARE COMMISSION. ``(a) Establishment.--There is hereby established, within the Department of Health and Human Services, a National Clinical Care Commission (in this section referred to as the `Commission') to evaluate, and recommend solutions regarding better coordination and leveraging of, programs within the Department and other Federal agencies that relate in any way to supporting appropriate clinical care (such as any interactions between physicians and other health care providers and their patients related to treatment and care management) for individuals with-- ``(1) one or more complex metabolic or autoimmune diseases; ``(2) one or more diseases resulting from insulin deficiency or insulin resistance; or ``(3) complications caused by one or more of any of such diseases. ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of the following voting members: ``(A) The heads (or their designees) of the following Federal agencies and departments: ``(i) The Centers for Medicare & Medicaid Services. ``(ii) The Agency for Healthcare Research and Quality. ``(iii) The Centers for Disease Control and Prevention. ``(iv) The Indian Health Service. ``(v) The Department of Veterans Affairs. ``(vi) The National Institutes of Health. ``(vii) The Food and Drug Administration. ``(viii) The Health Resources and Services Administration. ``(ix) The Department of Defense. ``(B) Twelve additional voting members appointed under paragraph (2). ``(C) Such additional voting members as may be appointed by the Secretary, at the Secretary's discretion, from among the heads (or their designees) of governmental or nongovernmental entities that impact clinical care of individuals with any of the diseases and complications described in subsection (a). ``(2) Additional members.--The Commission shall include additional voting members appointed by the Secretary, in consultation with national medical societies and patient advocacy organizations with expertise in the care and epidemiology of any of the diseases and complications described in subsection (a), including one or more such members from each of the following categories: ``(A) Clinical endocrinologists. ``(B) Physician specialties (other than as described in subparagraph (A)) that play a role in diseases and complications described in subsection (a), such as cardiologists, nephrologists, and eye care professionals. ``(C) Primary care physicians. ``(D) Non-physician health care professionals, such as certified diabetes educators, registered dieticians and nutrition professionals, nurses, nurse practitioners, physician assistants. ``(E) Patient advocates. ``(F) National experts in the duties listed under subsection (c). ``(G) Health care providers furnishing services to a patient population that consists of a high percentage (as specified by the Secretary) of individuals who are enrolled in a State plan under title XIX of the Social Security Act or who are not covered under a health plan or health insurance coverage. ``(3) Chairperson.--The voting members of the Commission shall select a chairperson from the members appointed under paragraph (2) from the category under paragraph (2)(A). ``(4) Meetings.--The Commission shall meet at least twice, and not more than four times, a year. ``(5) Board terms.--Members of the Commission appointed pursuant to subparagraph (B) or (C) of paragraph (1), including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. ``(c) Duties.--The Commission shall-- ``(1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the incidence of the diseases and complications de scribed in subsection (a), including identifying problems regarding such utilization and related data collection mechanisms and make recommendations; ``(2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high-quality care to individuals with any of the diseases and complications described in subsection (a); ``(3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government with respect to the diseases and complications described in subsection (a); ``(4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of individuals with any of the diseases and complications described in subsection (a), specifically with regard to implementation of new treatments and technologies; ``(5) evaluate programs described in subsection (a) that are in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined as not meeting such needs, recommend programs that would be more appropriate; ``(6) recommend, with respect to the diseases and complications described in subsection (a), clinical pathways for new technologies and treatments, including future data collection activities, that may be developed and then used to evaluate-- ``(A) various care models and methods; and ``(B) the impact of such models and methods on quality of care as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); ``(7) evaluate and expand education and awareness activities provided to physicians and other health care professionals regarding clinical practices for the prevention and treatment of the diseases and complications described in subsection (a); ``(8) review and recommend appropriate methods for outreach and dissemination of educational resources that-- ``(A) address the diseases and complications described in subsection (a); ``(B) are funded by the Federal Government; and ``(C) are intended for health care professionals and the public; and ``(9) carry out other activities, such as activities relating to the areas of public health and nutrition, that the Commission deems appropriate with respect to the diseases and complications described in subsection (a). ``(d) Operating Plan.-- ``(1) Initial plan.--Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include-- ``(A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); ``(B) a plan for completing the activities; ``(C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; ``(D) an explanation of Federal agency involvement and coordination needed to conduct such activities; ``(E) a budget for conducting such activities; ``(F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and ``(G) other information that the Commission deems appropriate. ``(2) Updates.--The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. ``(e) Final Report.--By not later than 3 years after the date of the Commission's first meeting, the Commission shall submit to the Secretary and the Congress a final report containing all of the findings and recommendations required by this section. Not later than 120 days after the submission of the final report, the Secretary shall review the plan required by subsection (d)(1)(F) and submit to the Congress a recommendation on whether the Commission should be reauthorized to operate after fiscal year 2021. ``(f) Sunset.--The Commission shall terminate 120 days after submitting its final report, but not later than the end of fiscal year 2021.''. Passed the House of Representatives January 9, 2017. Attest: KAREN L. HAAS, Clerk.

. National Clinical Care Commission Act (Sec. 2) This bill amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and recommend solutions regarding better coordination and leveraging of federal programs that relate to supporting clinical care for individuals with complex metabolic or autoimmune disease, diabetes, or complications caused by such diseases. The duties of the commission include: evaluating HHS programs regarding the utilization of preventive health benefits, identifying current activities and gaps in federal efforts to support clinicians in providing integrated care, making recommendations regarding the development and coordination of federally funded clinical practice support tools, recommending clinical pathways for new technologies and treatments, evaluating and expanding education and awareness activities provided to health care professionals, and reviewing and recommending methods for outreach and dissemination of educational resources. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021.

National Clinical Care Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Training Incentive Act''. SEC. 2. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO PRACTICE IN RURAL AREAS. Part B of title VII of the Public Health Service Act (42 U.S.C. 293 et seq.) is amended by adding at the end the following: ``SEC. 742. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO PRACTICE IN RURAL AREAS. ``(a) Authorization.--The Secretary of Health and Human Services, acting through the Director of the Office of Rural Health Policy, may award grants to 5 accredited schools of medicine or accredited schools of nursing to enable each such school to conduct a demonstration program to encourage more health professionals to practice in rural areas. ``(b) Use of Funds.-- ``(1) In general.--Amounts provided as a grant under subsection (a) shall be used for the following: ``(A) Developing new programs and improving existing programs for encouraging youth in rural areas to enter health professions. ``(B) Strengthening and stabilizing the system of training of health professionals that are needed (as determined by the Secretary) in rural areas. ``(C) Expanding the network of rural training tracks in health professions. ``(2) Family medicine; nursing.--Of the 5 grants awarded under this section-- ``(A) at least 1 shall be for a demonstration program for physicians in family medicine that includes a regional consortium with 3 or more family medicine residency programs that-- ``(i) each have a residency rural training program; and ``(ii) are located in 3 or more States; and ``(B) at least 1 shall be for a demonstration program for nurses, including registered nurses, nurse anesthetists, and nurse practitioners. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to accredited schools of medicine or nursing that-- ``(1) have a residency program or clinical rotation with on-site rural training of a duration of at least 2 months; and ``(2) provide a comprehensive approach to improving health profession shortages in rural areas that includes recruiting students from rural areas and placing graduates in rural communities. ``(d) Matching Requirement.-- ``(1) In general.--With respect to the costs of a demonstration program to be carried out under subsection (a) by an applicant, the Secretary may not award a grant to the applicant unless the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(e) Duration.--The Secretary shall award each grant under this section for a period of 3 years. ``(f) Definitions.--For purposes of this section: ``(1) Accredited.--The term `accredited' means-- ``(A) for a school of medicine, accredited by the Liaison Committee on Medical Education; ``(B) for a school of nursing, accredited by the Commission on Collegiate Nursing Education; and ``(C) for a school of nursing relative to a nurse anesthesia program, accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs. ``(2) School of nursing.--The term `school of nursing' has the meaning given to that term under section 801. ``(g) Report.--Not later than 6 months after the end of the 3-year period of the demonstration programs conducted with grants under this section, the Secretary shall submit to the Congress a report containing findings and recommendations on the effectiveness of the demonstration programs in addressing the shortages of health care professionals in rural areas. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 through 2007.''.

Rural Health Training Incentive Act - Authorizes the Secretary of Health and Human Services, through the Director of the Office of Rural Health Policy, to award matching grants to five accredited schools of medicine or accredited schools of nursing to enable each school to conduct a demonstration program to encourage more health professionals to practice in rural areas. Requires at least one grant for a demonstration program for: (1) physicians in family medicine that includes a regional consortium with three or more family medicine residency programs that each have a residency rural training program and are located in three or more States; and (2) nurses, including registered nurses, nurse anesthetists, and nurse practitioners.

To provide for the establishment of demonstration programs to address the shortages of health care professionals in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save for Success Act''. SEC. 2. AMERICAN OPPORTUNITY TAX CREDIT SAVINGS CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following: ``(j) Special Rules Relating to AOTC Savings Credit.-- ``(1) In general.--For purposes of this section, the term `qualified tuition and related expenses' with respect to any individual includes eligible college savings contributions for such individual. Such contributions shall be taken into account for purposes of subsection (i)(1)(A) before tuition and fees. ``(2) Limitation.-- ``(A) In general.--The aggregate amount of contributions with respect to an individual which may be taken into account under paragraph (1) for a taxable year is $250. ``(B) Phase out.--The dollar amount in subparagraph (A) shall be reduced (but not below zero) by the amount which bears the same ratio to such dollar amount as-- ``(i) the number of percentage points (if any) in excess of 133 percent that the taxpayer's household income for the taxable year is of the poverty line for a family of the size involved, bears to ``(ii) 400 percentage points. ``(3) Terms relating to income and families.--The terms `family size', `household income', and `poverty line' shall have the meanings given such terms by section 36B(d). ``(4) Eligible higher education contribution.--For purposes of paragraph (1), the term `eligible college savings contribution' with respect to an individual means the excess of-- ``(A) contributions by the taxpayer in the taxable year to qualified college savings accounts of which the individual is the beneficiary, over ``(B) distributions from all such qualified college savings accounts for the taxable year. ``(5) Qualified college savings accounts.--The term `qualified college savings account' with respect to which such individual is the beneficiary means-- ``(A) an account under a qualified tuition program (as defined by section 529), and ``(B) an account under a program of a State (or political jurisdiction thereof) established exclusively for the purpose of paying for college tuition and other post-secondary educational expenses. ``(6) Portion of credit made refundable.--So much of the credit allowed under subsection (a) as is attributable to this subsection (determined after the application of subsection (i) and without regard to this subsection and section 26(a)) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.''. (b) AOTC Lifetime Limitation.--Section 25A(i)(2) of such Code is amended to read as follows: ``(2) Limitation.--In lieu of subparagraphs (A) and (C) of subsection (b)(2), the amount allowed as a credit under this section for the taxable year with respect to an individual shall not exceed-- ``(A) $10,000, reduced ``(B) by the amount allowed under this section with respect to such individual for all prior taxable years.''. (c) Pilot Program To Make Periodic Payments as College Expenses Incurred.--Section 25A(i) of such Code is amended by adding at the end the following: ``(8) Pilot program to make periodic payments as college expenses incurred.-- ``(A) In general.--The Secretary of the Treasury and the Secretary of Education shall jointly establish a program designed to make payments periodically to or on behalf of an eligible student as the student incurs qualified expenses during the taxable year. The total amount that may be so paid to or on behalf of an eligible student through this program shall not exceed the credit which would (but for subparagraph (B)) be allowable under this section if subsection (d) were applied by using the taxpayer's modified adjusted gross income for the preceding taxable year. ``(B) Credit reduced by pilot program payments.-- The credit allowable under this section (without regard to this subparagraph) for any taxable year shall be reduced (but not below zero) by the payments made with respect to a student under subparagraph (A) for expenses which would otherwise be taken into account in determining the credit under this section for such year. ``(C) Program participation.--Participation in the program established under this paragraph shall be voluntary with respect to both students and educational institutions; except that, institutions which are taxable under this chapter (other than by reason of section 511) may not participate in such program. ``(D) Program period.--The program established under this paragraph shall apply to expenses for academic periods beginning during the 5-year period which begins on the date which is 1 year after the date of the enactment of this paragraph. ``(E) Payments not treated as resources for financial aid.--Payments made under this paragraph shall not be treated as resources for purposes of determining the amount of any financial aid which is funded in whole or part with Federal funds. Payments under the program shall not be made in a manner that would reduce the State, private, or institutional aid available to an eligible student. ``(F) Notice of program.--Educational institutions participating in the program established under this paragraph shall provide appropriate notices to parents and students of the option of payments under such program. Such notices shall not be considered tax advice for purposes of any Federal law or regulation. ``(G) Reporting.--The Secretary of the Treasury and the Secretary of Education shall jointly submit annual reports to Congress on the program established under this subsection, together with any recommendations with respect to such program.''. (d) Conforming Amendment.--Section 6211(b)(4)(A) of such Code is amended by inserting ``or (j)(6)'' after ``subsection (i)(6)''. (e) Increased Public Awareness of American Opportunity Tax Credit.-- (1) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall establish a taxpayer awareness program to inform the taxpaying public of the availability of the American Opportunity Tax Credit allowed under section 25A of the Internal Revenue Code of 1986. Such public awareness program shall be designed to assure that individuals who may be eligible are informed of the availability of such credit and filing procedures. (2) Means of communications.-- (A) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall use appropriate means of communication to carry out the provisions of this section. The taxpayer awareness program shall include, but not be limited to, prominent display of information about the availability of the American Opportunity Tax Credit on information return forms specified by such Secretary for use by educational institutions to report qualified tuition and related expenses incurred. (B) Additional steps.--In addition, the Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, should-- (i) make students aware of the American Opportunity Tax Credit through the data retrieval tool and the student aid report of the Department of Education; (ii) include information on the financial aid shopping sheet; (iii) include the American Opportunity Tax Credit in the volunteer income tax assistance program; and (iv) bring awareness of the American Opportunity Tax Credit in the Federal TRIO Programs (commonly known as ``TRIO'') under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) and in the Gaining Early Awareness and Readiness for Undergraduate Programs (commonly known as ``GEAR UP'') under chapter 2 of subpart 2 of part A of title IV of such Act (20 U.S.C. 1070a-21 et seq.). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Save for Success Act This bill amends the Internal Revenue Code, with respect to the American Opportunity Tax Credit for qualified tuition and related expenses, to: (1) permit up to $250 of the credit per year to be used for college savings contributions that are taken into account before tuition and fees, (2) direct the Departments of the Treasury and Education to jointly establish a pilot program to make periodic payments of the credit as educational expenses for a student are incurred during the taxable year, and (3) direct Treasury to establish a taxpayer awareness program to inform the public of the availability of the credit.

Save for Success Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2007''. SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified Individual.--For purposes of this Act, the term ``qualified individual'' means an individual who is-- (1) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2)(A) serving in Iraq or Afghanistan; or (B) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal Benefits Described.-- (1) In general.--The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this Act referred to as ``vouchers'') as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--For purposes of this Act, the term ``qualified mailing'' means the mailing of a single mail piece which-- (A) is described in subparagraph (A) or (B) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail described.--Mail described in this paragraph is-- (A) any first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence; and (B) parcel post not exceeding 15 pounds in weight. (4) Limitations.-- (A) Number.--An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use.--Any such voucher may not be used-- (i) for more than a single qualified mailing; or (ii) after the earlier of-- (I) the expiration date of such voucher, as designated by the Secretary of Defense; or (II) the last day of the 1-year period referred to in section 4. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including-- (1) procedures by which vouchers will be provided or made available in timely manner to persons duly identified by qualified individuals to receive those vouchers; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). SEC. 3. FUNDING. (a) In General.--There is authorized to be appropriated to the Department of Defense a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in section 2(c). (b) Transfers to Postal Service.-- (1) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this section for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of the 1-year period referred to in section 4. (c) Consultation Required.--All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. SEC. 4. DURATION. The postal benefits under this Act shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under section 2(d) take effect.

Supply Our Soldiers Act of 2007 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings.

To provide for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Walnut Canyon Study Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds as follows: (1) The Coconino National Forest was established in the State of Arizona on July 2, 1908. (2) The Walnut Canyon National Monument in the State of Arizona was originally designated as a national monument by Presidential proclamation on November 30, 1915, to protect Sinaguan cliff dwellings. (3) Since the original designation, the Monument boundaries have been expanded to include 3,580 acres. (4) National Forest System lands and State trust lands in the study area contain significant cultural and natural resources. (5) The Coconino National Forest Land and Resources Management Plan of 1987 identified National Forest System land in the study area as land for nondevelopment or disposal under the National Forest Management Act of 1976 (16 U.S.C. 472a, et seq.). (6) State trust land in the study area has been temporarily removed from consideration for development by State agencies with jurisdiction over the State trust land. (7) The communities in the vicinity of the land in the study area support maintaining public uses of the land surrounding the Monument while protecting the resources of the land. (8) Several interest groups have proposed expanding the Monument and designating the expanded area as a national park or national preserve. (9) The city of Flagstaff and Coconino County, Arizona, have passed resolutions supporting further review and study of, and the development of management options for the study area. (10) To determine the appropriate management of the adjacent land, interested parties have requested a study to help identify management options. (b) Purposes.--The purposes of this Act are-- (1) to authorize a study of the study area to evaluate public uses and resource values; and (2) to obtain recommendations for management options for maintenance of the public uses and protection of resources of the study area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Walnut Canyon Proposed Study Area'' and dated July 17, 2003. (2) Monument.--The term ``Monument'' means the Walnut Canyon National Monument in the State of Arizona. (3) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (4) Study area.--The term ``study area'' means the area identified on the map as ``Walnut Canyon Proposed Study Area'', consisting of 30,818 acres, of which-- (A) 24,987 acres is Federal land in Coconino National Forest; (B) 2,037 acres is State land; (C) 214 acres is private land; and (D) 3,580 acres is the Monument. SEC. 4. STUDY. (a) In General.--The Secretaries shall conduct a study of the study area. (b) Requirements.--The study shall evaluate-- (1) the significance of the resources of the study area as the resources pertain to-- (A) the management objectives of the Forest Service; and (B) the management objectives of the National Park Service; (2) the opportunities for maintaining existing public uses such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of-- (A) a boundary adjustment to the Monument; (B) designation of the study area as a national park or preserve; (C) maintaining the study area as managed by the Forest Service; and (D) any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area. (c) Consultation.--In conducting the study, the Secretaries shall-- (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant. (d) Review; Recommendations.--The Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall-- (1) review the draft study prepared by the third-party consultant; and (2) provide the third-party consultant comments on and recommendations for the draft study. (e) Report.--Not later than 18 months after the date on which funding is made available to carry out this Act, the Secretaries shall submit to Congress a report that-- (1) describes the findings and conclusions of the study conducted under this section, including the recommendation of the persons identified in subsection (d); and (2) makes a recommendation for the future management of the study area. (f) Effect.--Nothing in this Act affects the management of the land depicted on the Map. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (2) Effect.--Amounts made available under paragraph (1) shall not affect the amounts otherwise made available for Forest Service or National Park Service activities in the State of Arizona.

Walnut Canyon Study Act of 2004 - Directs the Secretary of the Interior and the Secretary of Agriculture to conduct a study of specified Federal land in Coconino National Forest, State and private lands, and Walnut Canyon National Monument in Arizona (the study area) to evaluate: (1) the significance of the resources of the study area as they pertain to the management objectives of the Forest Service and the National Park Service (NPS); (2) the opportunities for maintaining existing public uses, such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the NPS or the Forest Service, or by both agencies, including the feasibility of a boundary adjustment to the Monument, designation of the study area as a national park or preserve, maintaining the study area as managed by the Forest Service, and any other designation or management option that will accomplish the protection of resources and the maintenance of public use and access for such area. Requires the Secretaries to: (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and Coconino County Board of Supervisors in developing a scope of work for the draft study under the guidance of the third-party consultant.

To direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the State of Arizona.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Year 2000 Readiness Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the failure of many computer programs to recognize the Year 2000 may have extreme negative financial consequences in the Year 2000, and in subsequent years for both large and small businesses; (2) small businesses are well behind larger businesses in implementing corrective changes to their automated systems; (3) many small businesses do not have access to capital to fix mission critical automated systems, which could result in severe financial distress or failure for small businesses; and (4) the failure of a large number of small businesses due to the Year 2000 computer problem would have a highly detrimental effect on the economy in the Year 2000 and in subsequent years. SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN GUARANTEE PROGRAM. (a) Program Established.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(27) Year 2000 computer problem program.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `eligible lender' means any lender designated by the Administration as eligible to participate in the general business loan program under this subsection; and ``(ii) the term `Year 2000 computer problem' means, with respect to information technology, and embedded systems, any problem that adversely affects the processing (including calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date-dependent data-- ``(I) from, into, or between-- ``(aa) the 20th or 21st centuries; or ``(bb) the years 1999 and 2000; or ``(II) with regard to leap year calculations. ``(B) Establishment of program.--The Administration shall-- ``(i) establish a loan guarantee program, under which the Administration may, during the period beginning on the date of enactment of this paragraph and ending on December 31, 2000, guarantee loans made by eligible lenders to small business concerns in accordance with this paragraph; and ``(ii) notify each eligible lender of the establishment of the program under this paragraph, and otherwise take such actions as may be necessary to aggressively market the program under this paragraph. ``(C) Use of funds.--A small business concern that receives a loan guaranteed under this paragraph shall only use the proceeds of the loan to-- ``(i) address the Year 2000 computer problems of that small business concern, including the repair and acquisition of information technology systems, the purchase and repair of software, the purchase of consulting and other third party services, and related expenses; and ``(ii) provide relief for a substantial economic injury incurred by the small business concern as a direct result of the Year 2000 computer problems of the small business concern or of any other entity (including any service provider or supplier of the small business concern), if such economic injury has not been compensated for by insurance or otherwise. ``(D) Loan amounts.-- ``(i) In general.--Notwithstanding paragraph (3)(A) and subject to clause (ii) of this subparagraph, a loan may be made to a borrower under this paragraph even if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $750,000. ``(ii) Exception.--A loan may not be made to a borrower under this paragraph if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $1,000,000. ``(E) Administration participation.-- Notwithstanding paragraph (2)(A), in an agreement to participate in a loan under this paragraph, participation by the Administration shall not exceed-- ``(i) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance exceeds $100,000; ``(ii) 90 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance is less than or equal to $100,000; and ``(iii) notwithstanding clauses (i) and (ii), in any case in which the subject loan is processed in accordance with the requirements applicable to the SBAExpress Pilot Program, 50 percent of the balance outstanding at the time of disbursement of the loan. ``(F) Periodic reviews.--The Inspector General of the Administration shall periodically review a representative sample of loans guaranteed under this paragraph to mitigate the risk of fraud and ensure the safety and soundness of the loan program. ``(G) Annual report.--The Administration shall annually submit to the Committees on Small Business of the House of Representatives and the Senate a report on the results of the program carried out under this paragraph during the preceding 12-month period, which shall include information relating to-- ``(i) the total number of loans guaranteed under this paragraph; ``(ii) with respect to each loan guaranteed under this paragraph-- ``(I) the amount of the loan; ``(II) the geographic location of the borrower; and ``(III) whether the loan was made to repair or replace information technology and other automated systems or to remedy an economic injury; and ``(iii) the total number of eligible lenders participating in the program.''. (b) Guidelines.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue guidelines to carry out the program under section 7(a)(27) of the Small Business Act, as added by this section. (2) Requirements.--Except to the extent that it would be inconsistent with this section or section 7(a)(27) of the Small Business Act, as added by this section, the guidelines issued under this subsection shall, with respect to the loan program established under section 7(a)(27) of the Small Business Act, as added by this section-- (A) provide maximum flexibility in the establishment of terms and conditions of loans originated under the loan program so that such loans may be structured in a manner that enhances the ability of the applicant to repay the debt; (B) if appropriate to facilitate repayment, establish a moratorium on principal payments under the loan program for up to 1 year beginning on the date of the origination of the loan; (C) provide that any reasonable doubts regarding a loan applicant's ability to service the debt be resolved in favor of the loan applicant; and (D) authorize an eligible lender (as defined in section 7(a)(27)(A) of the Small Business Act, as added by this section) to process a loan under the loan program in accordance with the requirements applicable to loans originated under another loan program established pursuant to section 7(a) of the Small Business Act (including the general business loan program, the Preferred Lender Program, the Certified Lender Program, the Low Documentation Loan Program, and the SBAExpress Pilot Program), if-- (i) the eligible lender is eligible to participate in such other loan program; and (ii) the terms of the loan, including the principal amount of the loan, are consistent with the requirements applicable to loans originated under such other loan program. (c) Repeal.--Effective on December 31, 2000, this section and the amendments made by this section are repealed.

Small Business Year 2000 Readiness Act - Amends the Small Business Act to authorize the Small Business Administration (SBA), during the period ending on December 31, 2000, to: (1) guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including repair and acquisition, consulting, and related expenses; and (2) provide relief for a substantial economic injury incurred by a small business as a direct result of Y2K problems. Provides loan amounts and administration participation limits. Requires an annual report from the SBA to the congressional small business committees on the loan guarantee program.

Small Business Year 2000 Readiness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Precision Agriculture Connectivity Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) Precision agriculture technologies and practices allow farmers to significantly increase crop yields, eliminate overlap in operations, and reduce inputs such as seed, fertilizer, pesticides, water, and fuel. (2) These technologies allow farmers to collect data in real time about their fields, automate field management, and maximize resources. (3) Studies estimate that precision agriculture technologies can reduce agricultural operation costs by up to 25 dollars per acre and increase farm yields by up to 70 percent by 2050. (4) The critical cost savings and productivity benefits of precision agriculture cannot be realized without the availability of reliable broadband Internet access service delivered to the agricultural land of the United States. (5) The deployment of broadband Internet access service to unserved agricultural land is critical to the United States economy and to the continued leadership of the United States in global food production. (6) Despite the growing demand for broadband Internet access service on agricultural land, broadband Internet access service is not consistently available where needed for agricultural operations. (7) The Federal Communications Commission has an important role to play in the deployment of broadband Internet access service on unserved agricultural land to promote precision agriculture. SEC. 3. TASK FORCE. (a) Definitions.--In this section-- (1) the term ``broadband Internet access service'' has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``Department'' means the Department of Agriculture; (4) the term ``Secretary'' means the Secretary of Agriculture; and (5) the term ``Task Force'' means the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States established under subsection (b). (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Commission shall establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. (c) Duties.-- (1) In general.--The Task Force shall consult with the Secretary, or a designee of the Secretary, and collaborate with public and private stakeholders in the agriculture and technology fields to-- (A) identify and measure current gaps in the availability of broadband Internet access service on agricultural land; (B) develop policy recommendations to promote the rapid, expanded deployment of broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95 percent of agricultural land in the United States by 2025; (C) promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture; (D) recommend specific new rules or amendments to existing rules of the Commission that the Commission should issue to achieve the goals and purposes of the policy recommendations described in subparagraph (B); (E) recommend specific steps that the Commission should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as may be necessary to target funding support, from future programs of the Commission dedicated to the deployment of broadband Internet access service, to unserved agricultural land in need of broadband Internet access service; and (F) recommend specific steps that the Commission should consider to ensure that the expertise of the Secretary and available farm data are reflected in future programs of the Commission dedicated to the infrastructure deployment of broadband Internet access service and to direct available funding to unserved agricultural land where needed. (2) No duplicate data reporting.--In performing the duties of the Commission under paragraph (1), the Commission shall ensure that no provider of broadband Internet access service is required to report data to the Commission that is, on the day before the date of enactment of this Act, required to be reported by the provider of broadband Internet access service. (3) Hold harmless.--The Task Force and the Commission shall not interpret the phrase ``future programs of the Commission'', as used in subparagraphs (E) and (F) of paragraph (1), to include the universal service programs of the Commission established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). (4) Consultation.--The Secretary, or a designee of the Secretary, shall explain and make available to the Task Force the expertise, data mapping information, and resources of the Department that the Department uses to identify cropland, ranchland, and other areas with agricultural operations that may be helpful in developing the recommendations required under paragraph (1). (5) List of available federal programs and resources.--Not later than 180 days after the date of enactment of this Act, the Secretary and the Commission shall jointly submit to the Task Force a list of all Federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land to assist the Task Force in carrying out the duties of the Task Force. (d) Membership.-- (1) In general.--The Task Force shall be-- (A) composed of not more than 15 voting members who shall-- (i) be selected by the Chairman of the Commission; and (ii) include-- (I) agricultural producers representing diverse geographic regions and farm sizes, including owners and operators of farms of less than 100 acres; (II) an agricultural producer representing tribal agriculture; (III) Internet service providers, including regional or rural fixed and mobile broadband Internet access service providers and telecommunications infrastructure providers; (IV) representatives from the electric cooperative industry; (V) representatives from the satellite industry; (VI) representatives from precision agriculture equipment manufacturers, including drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies; and (VII) representatives from State and local governments; and (B) fairly balanced in terms of technologies, points of view, and fields represented on the Task Force. (2) Period of appointment; vacancies.-- (A) In general.--A member of the Committee appointed under paragraph (1)(A) shall serve for a single term of 2 years. (B) Vacancies.--Any vacancy in the Task Force-- (i) shall not affect the powers of the Task Force; and (ii) shall be filled in the same manner as the original appointment. (3) Ex-officio member.--The Secretary, or a designee of the Secretary, shall serve as an ex-officio, nonvoting member of the Task Force. (e) Reports.--Not later than 1 year after the date on which the Commission establishes the Task Force, and annually thereafter, the Task Force shall submit to the Chairman of the Commission a report, which shall be made public not later than 30 days after the date on which the Chairman receives the report, that details-- (1) the status of fixed and mobile broadband Internet access service coverage of agricultural land; (2) the projected future connectivity needs of agricultural operations, farmers, and ranchers; and (3) the steps being taken to accurately measure the availability of broadband Internet access service on agricultural land and the limitations of current, as of the date of the report, measurement processes. (f) Termination.--The Commission shall renew the Task Force every 2 years until the Task Force terminates on January 1, 2025. Passed the Senate December 6, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 2343 _______________________________________________________________________ AN ACT To require the Federal Communications Commission to establish a task force for meeting the connectivity and technology needs of precision agriculture in the United States.

Precision Agriculture Connectivity Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force must identify current gaps in the availability of broadband Internet access service on agricultural land and recommend policies to expand its deployment. The Department of Agriculture and the FCC shall jointly submit to the task force a list of all federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land. The FCC shall renew the task force every two years until it terminates on January 1, 2025.

Precision Agriculture Connectivity Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Pharmaceuticals for Children Act''. SEC. 2. PEDIATRIC STUDIES MARKETING EXCLUSIVITY. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505 the following new section: ``SEC. 505A. PEDIATRIC STUDIES OF DRUGS. ``(a) Market Exclusivity for New Drugs.--If, prior to approval of an application that is submitted under section 505(b)(1) the Secretary determines that information relating to the use of a drug in the pediatric population may produce health benefits in that population, the Secretary makes a written request for pediatric studies (which may include a time frame for completing such studies), and such studies are completed within any such time frame and the reports thereof submitted in accordance with subsection (d)(2) or completed within any such time frame and the reports thereof are accepted in accordance with subsection (d)(3)-- ``(1)(A) the period during which an application may not be submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 shall be five years and six months rather than five years, and the references in subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 to four years, to forty-eight months, and to seven and one-half years shall be deemed to be four and one-half years, fifty-four months, and eight years, respectively; or ``(B) the period of market exclusivity under subsections (c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of section 505 shall be three years and six months rather than three years; and ``(2)(A) if the drug is the subject of-- ``(i) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(ii) or (j)(2)(A)(vii)(II) and for which pediatric studies were submitted prior to the expiration of the patent (including any patent extensions), or ``(ii) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iii) or section 505(j)(2)(A)(vii)(III), the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions); or ``(B) if the drug is the subject of a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions). ``(b) Secretary To Develop List of Drugs for Which Additional Pediatric Information May Be Beneficial.--Not later than 180 days after the date of enactment of this section, the Secretary, after consultation with experts in pediatric research (such as the American Academy of Pediatrics, the Pediatric Pharmacology Research Unit Network, and the United States Pharmacopoeia) shall develop and publish an initial list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population. The Secretary shall annually update the list. ``(c) Market Exclusivity for Already-Marketed Drugs.--If the Secretary makes a written request for pediatric studies (which may include a time frame for completing such studies) concerning a drug identified in the list described in subsection (b) to the holder of an approved application under section 505(b)(1) for the drug, the holder agrees to the request, and the studies are completed within any such time frame and the reports thereof submitted in accordance with subsection (d)(2) or completed within any such time frame and the reports thereof accepted in accordance with subsection (d)(3)-- ``(1)(A) the period during which an application may not be submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 shall be five years and six months rather than five years, and the references in subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 to four years, to forty-eight months, and to seven and one-half years shall be deemed to be four and one-half years, fifty-four months, and eight years, respectively; or ``(B) the period of market exclusivity under subsections (c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of section 505 shall be three years and six months rather than three years; and ``(2)(A) if the drug is the subject of (i) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(ii) or (j)(2)(A)(vii)(II) and for which pediatric studies were submitted prior to the expiration of the patent (including any patent extensions), or (ii) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iii) or section 505(j)(2)(A)(vii)(III), the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions); or ``(B) if the drug is the subject of a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions). ``(d) Conduct of Pediatric Studies.-- ``(1) Agreement for studies.--The Secretary may, pursuant to the written request for studies, after consultation with ``(A) the sponsor of an application for an investigational new drug under section 505(i), ``(B) the sponsor of an application for a drug under section 505(b)(1), or ``(C) the holder of an approved application for a drug under section 505(b)(1), agree with the sponsor or holder for the conduct of pediatric studies for such drug. ``(2) Written protocols to meet the studies requirement.-- If the sponsor or holder and the Secretary agree upon written protocols for such studies, the studies requirement of subsection (a) or (c) is satisfied upon the completion of the studies and submission of the reports thereof in accordance with the original written request and the written agreement referred to in (1). Not later than 60 days after the submission of the report of the studies, the Secretary shall determine if such studies were or were not conducted in accordance with the original written request and the written agreement and reported in accordance with the requirements of the Secretary for filing and so notify the sponsor or holder. ``(3) Other methods to meet the studies requirement.--If the sponsor or holder and the Secretary have not agreed in writing on the protocols for the studies, the studies requirement of subsection (a) or (c) is satisfied when such studies have been completed and the reports accepted by the Secretary. Not later than 90 days after the submission of the reports of the studies, the Secretary shall accept or reject such reports and so notify the sponsor or holder. The Secretary's only responsibility in accepting or rejecting the reports shall be to determine, within 90 days, whether the studies fairly respond to the written request, whether such studies have been conducted in accordance with commonly accepted scientific principles and protocols, and whether such studies have been reported in accordance with the requirements of the Secretary for filing. ``(e) Delay of Effective Date for Certain Applications; Period of Market Exclusivity.--If the Secretary determines that the acceptance or approval of an application under section 505(b)(2) or 505(j) for a drug may occur after submission of reports of pediatric studies under this section, which were submitted prior to the expiration of the patent (including any patent extension) or market exclusivity protection, but before the Secretary has determined whether the requirements of subsection (d) have been satisfied, the Secretary shall delay the acceptance or approval under section 505(b)(2) or 505(j), respectively, until the determination under subsection (d) is made, but such delay shall not exceed 90 days. In the event that requirements of this section are satisfied, the applicable period of market exclusivity referred to in subsection (a) or (c) shall be deemed to have been running during the period of delay. ``(f) Notice of Determinations on Studies Requirement.--The Secretary shall publish notice of any determination that the requirements of subsection (d) have been met and that submissions and approvals under section 505(b)(2) or (j) for a drug will be subject to the provisions of this section. ``(g) Definitions.--As used in this section, the term `pediatric studies' or `studies' means at least one clinical investigation (that, at the Secretary's discretion, may include pharmacokinetic studies) in pediatric age-groups in which a drug is anticipated to be used. ``(h) Limitation.--The holder of an approved application for a new drug that has already received six months of market exclusivity under subsection (a) or subsection (c) may, if otherwise eligible, obtain six months of market exclusivity under subsection (c)(1)(B) for a supplemental application; however the holder is not eligible for exclusivity under subsection (c)(2).'' ``(i) Sunset.--No period of market exclusivity shall be granted under this section based on studies commenced after January 1, 2004. The Secretary shall conduct a study and report to Congress not later than January 1, 2003 based on the experience under the program. The study and report shall examine all relevant issues, including-- ``(1) the effectiveness of the program in improving information about important pediatric uses for approved drugs; ``(2) the adequacy of the incentive provided under this section; ``(3) the economic impact of the program; and ``(4) any suggestions for modification that the Secretary deems appropriate.''.

Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to allow for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies of the drug concerned.

Better Pharmaceuticals for Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservist's Employer Support Paycheck Enhancement Act of 2006''. SEC. 2. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE NATIONAL GUARD. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45N. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE NATIONAL GUARD AND FOR COMPENSATION PAID TO TEMPORARY REPLACEMENT EMPLOYEES. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the employer Ready Reserve-National Guard active duty credit determined under this section for the taxable year is an amount equal to-- ``(1) 50 percent of the compensation paid or incurred to each Ready Reserve-National Guard employee of the taxpayer while the employee is absent from employment while performing qualified active duty, and ``(2) 50 percent of the compensation paid or incurred to each qualified replacement employee of the taxpayer. ``(b) Limitation Applicable to Ready Reserve-National Guard Employees.-- ``(1) In general.--The amount of compensation taken into account under subsection (a) for any period of qualified active duty with respect to a Ready Reserve-National Guard employee shall not exceed the active duty wage differential of such employee for such period. ``(2) Active duty wage differential.-- ``(A) In general.--For purposes of paragraph (1), the active duty wage differential of a Ready Reserve- National Guard employee for any period of qualified active duty is the amount equal to the product of-- ``(i) the daily wage differential of such employee for such period, multiplied by ``(ii) the number of days that such employee is on qualified active duty during such period. ``(B) Daily wage differential.--For purposes of subparagraph (A), the daily wage differential of a Ready Reserve-National Guard employee for any period is an amount equal to the excess of-- ``(i) such employee's average daily employer-provided compensation for such period, over ``(ii) such employee's average daily military pay for such period. ``(C) Average daily employer-provided compensation.-- ``(i) In general.--For purposes of subparagraph (B), an employee's average daily employer-provided compensation for any period is the average daily compensation paid by the employer to the employee for the 1-year period ending on the day before the date that the employee begins qualified active duty, adjusted for cost-of-living and other increases generally applicable to employees of the employer for such period. ``(ii) Employer-provided compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind, which is allowable as a deduction under section 162(a)(1). ``(D) Average daily military pay.-- ``(i) In general.--For purposes of subparagraph (B), a Ready Reserve-National Guard employee's average daily military pay is the average daily military pay and allowances received by the employee on account of the employees's performance of qualified active duty during the period. ``(ii) Military pay and allowances.--For purposes of clause (i)-- ``(I) Military pay.--The term `military pay' means pay (as defined in section 101(21) of title 37, United States Code). ``(II) Allowances.--The term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of such title. ``(c) Limitation Applicable to Qualified Replacement Employees.-- ``(1) In general.--The amount of compensation taken into account under subsection (a) with respect to any qualified replacement employee for any period shall not exceed the amount equal to the product of-- ``(A) the average daily employer-provided compensation for such period of the Ready Reserve- National Guard employee being replaced by such replacement employee for such period, and ``(B) the number of days that the Ready Reserve- National Guard employee is on qualified active duty during such period. ``(d) Definitions.--For purposes of this section-- ``(1) Ready reserve-national guard employee.-- ``(A) In general.--The term `Ready Reserve-National Guard employee' means any employee-- ``(i) who is a member of the Ready Reserve or of the National Guard, and ``(ii) who was an employee of the taxpayer during the 1-year period ending on the day before the date that the employee begins qualified active duty. ``(B) National guard.--The term `National Guard' has the meaning given such term by section 101(c)(1) of title 10, United States Code. ``(C) Ready reserve.--The term `Ready Reserve' has the meaning given such term by section 10142 of title 10, United States Code. ``(2) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty under an order or call for a period in excess of 90 days or for an indefinite period, other than the training duty specified in-- ``(i) section 10147 of title 10, United States Code (relating to training requirements for the Ready Reserve), or ``(ii) section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under chapter 43 of title 38, United States Code, and ``(B) hospitalization incident to such active duty. ``(3) Qualified replacement employee.--The term `qualified replacement employee' means any employee who is hired by the taxpayer to replace a Ready Reserve-National Guard employee during a period of qualified active duty.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by inserting ``45N(a),'' after ``45A(a),'' (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by inserting after paragraph (30) the following new paragraph: ``(31) in the case of an employer, the employer Ready Reserve-National Guard employee credit determined under section 45N(a).''. (d) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Employer credit for compensation paid to employees while serving on active duty as members of Ready Reserve or the National Guard and for compensation paid to temporary replacement employees.''. (e) Effective Date.--The amendments made by this section shall apply to periods of qualified active duty (as defined in section 45N(d) of the Internal Revenue Code of 1986, as added by this section) in taxable years beginning after December 31, 2005. (f) Information on Military Pay and Allowances.--The Secretary concerned (as defined in section 101 of title 10, United States Code) shall provide to employers and the Secretary of the Treasury such information as is necessary to determine the proper amount of credit allowable to employers under such section 45N.

Reservist's Employer Support Paycheck Enhancement Act of 2006 - Amends the Internal Revenue Code to allow employers a tax credit for 50% of the wages paid to their employees on active military duty for more than 90 days as Ready Reserve or National Guard and for 50% of the wages paid to temporary replacement employees.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax equal to 50 percent of the compensation paid to employees while they are performing active duty service as members of the Ready Reserve or the National Guard and of the compensation paid to temporary replacement employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Adoption and Foster Care Home Study Act''. SEC. 2. COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT. Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) is amended-- (1) in section 201(b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) establishing a demonstration program not later than 1 year after the date of the enactment of this Act through which the State-- ``(A) adopts a specific evidence-based, uniform, home study program for the evaluation of prospective foster parents and adoptive parents that incorporate the elements described in section 207A(a) and that-- ``(i) expedites the screening of caregivers to promote more family-based care over institutional care for children; ``(ii) provides cost savings to the State's current foster care and adoption system; ``(iii) reduces the number of children waiting for foster care or adoptive placement; ``(iv) reduces the number of prospective families waiting for foster care or adoptive placement; ``(v) quantifies better outcomes for children that participate; ``(vi) ensures ongoing training of home study certified personnel; and ``(vii) designates a home study auditor to ensure quality control and accuracy of information provided to placing agencies; and ``(B) provides data gathered through operation of the program to the Secretary, as the Secretary may require for purposes of the national registry under section 207A(b).''; and (2) by inserting after section 207 the following: ``SEC. 207A. NATIONAL HOME STUDY STANDARD DEMONSTRATION PROGRAMS; NATIONAL REGISTRY. ``(a) Program Elements.--Each demonstration program established by a State in accordance with section 201(b)(6) shall use the home study methodology developed by the Secretary that shall incorporate-- ``(1) information gathering tools, including-- ``(A) an initial written questionnaire that is a uniform set of closed-ended questions with a variety of possible answers that provides significant family information; ``(B) a secondary in-person questionnaire that is administered in a private setting, and, if applicable, with both applicants present together; and ``(C) guidelines that describe standardized questions that an individual serving as a reference for the applicant uses in writing a reference letter, to be sent directly to such individual and not shared with the applicant, and which is consistent with the questionnaires described in subparagraphs (A) and (B); ``(2) a written guidance document to assist home study practitioners in performing a psychosocial evaluation of the applicant that-- ``(A) provides instructions on how to systematically analyze information learned from the information gathering tools described in paragraph (1) in order to identify specific strengths and concerns of the applicant; ``(B) provides sufficient information for the home study practitioner to determine the significance of behaviors and events in the applicant's life in relation to being a successful foster care or adoption provider; and ``(C) includes a rating system that will be incorporated into the home study report described in paragraph (3); and ``(3) a model report that may, at the discretion of the Secretary, be customized by a State as necessary to comply with State and local regulations and requirements. ``(b) National Registry.--The Secretary shall establish a national registry of home study reports filed by home study practitioners using the home study methodology described in subsection (a). Such registry shall be accessible to State foster care and adoption agencies, or a designated entity as determined by the lead agency in the State to assist with the selection of prospective foster parents and adoptive parents. ``(c) Evaluation.--The Secretary shall enter into a contract with an independent entity to carry out a periodic evaluation of the home study methodology established in subsection (a) and demonstration programs established in accordance with section 201(b)(6).''.

National Adoption and Foster Care Home Study Act This bill amends the Child Abuse Prevention and Treatment Act to direct a state receiving from the Department of Health and Human Services (HHS) a community-based formula grant for the prevention of child abuse and neglect to establish a demonstration program through which the state: adopts a specific evidence-based, uniform, national home study program for the evaluation of prospective foster parents and adoptive parents; and furnishes HHS with data gathered through operation of the program. HHS shall establish a national registry of home study reports filed by home study practitioners using an HHS-developed methodology meeting specified criteria. This registry must be accessible to state foster care and adoption agencies, or a designated entity as determined by the lead agency in the state, to assist with the selection of prospective foster parents and adoptive parents.

National Adoption and Foster Care Home Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Century Water Commission Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the Nation's water resources will be under increasing stress and pressure in the coming decades; (2) a thorough assessment of technological and economic advances that can be employed to increase water supplies or otherwise meet water needs in every region of the country is important and long overdue; and (3) a comprehensive strategy to increase water availability and ensure safe, adequate, reliable, and sustainable water supplies is vital to the economic and environmental future of the Nation. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Twenty-First Century Water Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The duties of the Commission shall be to-- (1) use existing water assessments and conduct such additional assessments as may be necessary to project future water supply and demand; (2) study current water management programs of Federal, interstate, State, and local agencies, and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy which-- (A) respects the primary role of States in adjudicating, administering, and regulating water rights and water uses; (B) identifies incentives intended to ensure an adequate and dependable supply of water to meet the needs of the United States for the next 50 years; (C) suggests strategies that avoid increased mandates on State and local governments; (D) eliminates duplication and conflict among Federal governmental programs; (E) considers all available technologies and other methods to optimize water supply reliability, availability, and quality, while safeguarding the environment; (F) recommends means of capturing excess water and flood water for conservation and use in the event of a drought; (G) suggests financing options for comprehensive water management projects and for appropriate public works projects; (H) suggests strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure; and (I) includes other objectives related to the effective management of the water supply to ensure reliability, availability, and quality, which the Commission shall consider appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members who shall be appointed not later than 90 days after the date of enactment of this Act. Member shall be appointed as follows: (1) 5 members appointed by the President; (2) 2 members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives; and (3) 2 members appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate. (b) Qualifications.--Members shall be appointed to the Commission from among individuals who-- (1) are of recognized standing and distinction in water policy issues; and (2) while serving on the Commission, do not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (c) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and geographical perspectives in the United States. (d) Chairperson.--The Chairperson of the Commission shall be designated by the President. (e) Terms.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act and shall serve for the life of the Commission. (f) Vacancies.--A vacancy on the Commission shall not affect its operation, and shall be filled in the same manner as the original appointment provided under subsection (a). (g) Compensation and Travel Expenses.--Members of the Commission shall serve without compensation, except members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57, United States Code. SEC. 6. MEETINGS AND QUORUM. (a) Meetings.--The Commission shall hold its first meeting not later than 60 days after the date on which all members have been appointed under section 5, and shall hold additional meetings at the call of the Chairperson or a majority of its members. (b) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. SEC. 7. STAFFING. The Chairperson of the Commission 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 for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the annual rate of basic pay for GS-15 of the General Schedule. The employment and termination of the Executive Director shall be subject to confirmation by a majority of the members of the Commission. SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. (a) Hearings.--The Commission shall hold no fewer than 10 hearings during the life of the Commission. Hearings may be held in conjunction with meetings of the Commission. The Commission may take such testimony and receive such evidence as the Commission considers appropriate to carry out this Act. At least 1 hearing shall be held in Washington, DC, for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. Other hearings shall be scheduled in distinct geographical regions of the United States and should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in the private sector. (b) Information and Support From Federal Agencies.--Upon request of the Commission, any Federal agency shall-- (1) provide to the Commission, within 30 days of its request, such information as the Commission considers necessary to carry out the provisions of this Act; and (2) detail to temporary duty with the Commission on a reimbursable basis such personnel as the Commission considers necessary to carry out the provisions of this Act, in accordance with section 5(b)(5), Appendix, title 5, United States Code. SEC. 9. REPORTS. (a) Interim Reports.--Not later than 6 months after the date of the first meeting of the Commission, and every 6 months thereafter, the Commission shall transmit an interim report containing a detailed summary of its progress, including meetings and hearings conducted in the interim period, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. (b) Final Report.--As soon as practicable, but not later than 3 years after the date of the first meeting of the Commission, the Commission shall transmit a final report containing a detailed statement of the findings and conclusions of the Commission, and recommendations for legislation and other policies to implement such findings and conclusions, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. SEC. 10. TERMINATION. The Commission shall terminate not later than 30 days after the date on which the Commission transmits a final report under section 9(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $9,000,000 to carry out this Act.

Twenty-First Century Water Commission Act of 2009 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (2) suggest strategies that avoid increased mandates on state and local governments, considering all available technologies; and (3) suggest financing options.

To establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address future water needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Mammography Act of 2001''. SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH PLANS. (a) Public Health Service Act Amendments.-- (1) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries shall provide coverage for annual screening mammography for such class under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and annual screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `annual screening mammography' means a radiologic procedure provided to an individual, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage for annual screening mammography on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to participants or beneficiaries to encourage them to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health plan coverage from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for annual screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion may not be greater than such coinsurance or cost- sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from requiring that a participant or beneficiary, before undergoing an annual screening mammography more frequently than on an annual basis, consult with an appropriate health care practitioner or obtain a written authorization from such a practitioner for submission to the plan or issuer, but nothing in this section shall be construed as requiring prior authorization before undergoing an annual screening mammography. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of participants or beneficiaries if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for such class, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (b) ERISA Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries shall provide coverage for annual screening mammography for such class under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and annual screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `annual screening mammography' means a radiologic procedure provided to an individual, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage described in subsection (a)(1) on the basis that the coverage is not medically necessary or on the basis that the annual screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to participants or beneficiaries to encourage them to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for annual screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from requiring that a participant or beneficiary, before undergoing an annual screening mammography more frequently than on an annual basis, consult with an appropriate health care practitioner or obtain a written authorization from such a practitioner for submission to the plan or issuer, but nothing in this section shall be construed as requiring prior authorization before undergoing an annual screening mammography. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of participants or beneficiaries if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for such class, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for screening mammography.''. (c) Effective Dates.--(1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after January 1, 2002. (2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2002. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL HEALTH COVERAGE. (a) In General.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) In General.--The provisions of section 2707 (other than subsections (d) and (f)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of individuals if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage in the individual health insurance market to be provided for annual screening mammography for such class and that provides at least the protections described in section 2707(b) (as applied under subsection (a)). ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, or renewed in the individual market on or after such January 1, 2002. SEC. 4. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by redesignating paragraph (27) as paragraph (28); and (3) by inserting after paragraph (26) the following new paragraph: ``(27) annual screening mammography (as defined in subsection (x)) that is conducted by a facility that has a certificate (or provisional certificate) issued under section 354 of the Public Health Service Act; and''. (b) Annual Screening Mammography Defined.--Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(x) The term `annual screening mammography' means a radiologic procedure provided to a woman, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure.''. (c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21), and (27)''. (d) Conforming Amendments.--Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (1) by striking ``and (17)'' and inserting ``, (17), and (27)'', and (2) by striking ``through (24)'' and inserting ``through (28)''; and (e) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by this section shall apply to screening mammography performed on or after January 1, 2002, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Screening Mammography Act of 2001 - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to require that a group health plan (and a health insurance issuer offering group coverage) that provides coverage for diagnostic mammography for any class of participants or beneficiaries also cover annual screening mammography for that class under terms that are not less favorable. Prohibits: (1) denying screening coverage on the basis that it is not medically necessary or not pursuant to a referral or recommendation; (2) denying eligibility, enrollment, or renewal solely to avoid this requirement; (3) providing monetary incentives to participants or beneficiaries to encourage them to accept less; or (4) penalizing or providing incentives to providers. Allows State laws providing at least these protections.Amends PHSA to apply such requirements and prohibitions to health coverage in the individual market.Amends the Social Security Act to revise title XIX (Medicaid) to mandate coverage of annual screening mammographies.

To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for annual screening mammography for any class of covered individuals if the coverage or plans include coverage for diagnostic mammography for such class and to amend title XIX of the Social Security Act to provide for coverage of annual screening mammography under the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Wash Plan Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation district.--The term ``Conservation District'' means the San Bernardino Valley Water Conservation District, a political subdivision of the State of California. (2) Non-federal land.--The term ``non-Federal Land'' means the approximately 310 acres of land owned by the Conservation District generally depicted as ``SBVWCD to BLM'' on the Map. (3) Map.--The term ``Map'' means the map titled ``Santa Ana River Wash Land Exchange'' and dated September 3, 2015. (4) Non-federal exchange parcel.--The term ``non-Federal exchange parcel'' means the approximately 59 acres of land owned by the Conservation District generally depicted as ``SBVWCD Equalization Land'' on the Map and is to be conveyed to the United States if necessary to equalize the fair market values of the lands otherwise to be exchanged. (5) Federal exchange parcel.--The term ``Federal exchange parcel'' means the approximately 90 acres of Federal land administered by the Bureau of Land Management generally depicted as ``BLM Equalization Land to SBVWCD'' on the Map and is to be conveyed to the Conservation District if necessary to equalize the fair market values of the lands otherwise to be exchanged. (6) Federal land.--The term ``Federal land'' means the approximately 327 acres of Federal land administered by the Bureau of Land Management generally depicted as ``BLM Land to SBVWCD'' on the Map. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE. (a) Exchange Authorized.--Notwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this Act, as soon as practicable, but not later than 2 years after the date of enactment of this Act, if the Conservation District offers to convey the exchange land to the United States, the Secretary shall-- (1) convey to the Conservation District all right, title, and interest of the United States in and to the Federal land, and any such portion of the Federal exchange parcel as may be required to equalize the values of the lands exchanged; and (2) accept from the Conservation District a conveyance of all right, title, and interest of the Conservation District in and to the non-Federal land, and any such portion of the non- Federal exchange parcel as may be required to equalize the values of the lands exchanged. (b) Equalization Payment.--To the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the Federal exchange parcel to the Conservation District, or transfer of such portion of the non-Federal exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties. The fair market value of the Federal exchange parcel or non-Federal exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows: (1) If the equalization payment is to equalize values by which the Federal land exceeds the non-Federal land and the credited value of the non-Federal exchange parcel, Conservation District may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the event Conservation District opts not to make the indicated equalization payment, the exchange shall not proceed. (2) If the equalization payment is to equalize values by which the non-Federal land exceeds the Federal land and the credited value of the Federal exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the Conservation District. (c) Appraisals.-- (1) The value of the land to be exchanged under this Act shall be determined by appraisals conducted by one or more independent and qualified appraisers. (2) The appraisals shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (d) Title Approval.--Title to the land to be exchanged under this Act shall be in a format acceptable to the Secretary and the Conservation District. (e) Map and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. (f) Costs of Conveyance.--As a condition of conveyance, any costs related to the conveyance under this section shall be paid by the Conservation District. SEC. 4. APPLICABLE LAW. (a) Act of February 20, 1909.-- (1) The Act of February 20, 1909 (35 Stat. 641), shall not apply to the Federal land and any public exchange land transferred under this Act. (2) The exchange of lands under this section shall be subject to continuing rights of the Conservation District under the Act of February 20, 1909 (35 Stat. 641), on the non-Federal land and any exchanged portion of the non-Federal exchange parcel for the continued use, maintenance, operation, construction, or relocation of, or expansion of, groundwater recharge facilities on the non-Federal land, to accommodate groundwater recharge of the Bunker Hill Basin to the extent that such activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such non-Federal land or non-Federal exchange parcel may be held or managed. (b) FLPMA.--Except as otherwise provided in this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, et seq.), shall apply to the exchange of land under this Act. SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the Federal land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked.

(This measure has not been amended since it was reported to the House on June 2, 2017. Santa Ana River Wash Plan Land Exchange Act (Sec. 3) This bill directs the Department of the Interior: (1) to convey to the San Bernardino Valley Water Conservation District in California approximately 327 acres of identified federal land administered by the Bureau of Land Management and any portion of an identified federal parcel necessary to equalize the values of the lands exchanged; and (2) to accept in exchange approximately 310 acres of district land and any portion of an identified nonfederal parcel necessary to equalize the values of the lands exchanged. To the extent an equalization payment is necessary pursuant to the Federal Land Policy and Management Act of 1976, the amount of such payment shall first be made by way of an in-kind transfer as may be necessary to equalize the fair market values of the properties exchanged. If after such in-kind transfer: (1) the value of the federal lands exceeds the value of the nonfederal lands, the district may make a payment equal to the remaining amount to the United States (if the district opts not to make such payment, the exchange shall not proceed); or (2) the value of the nonfederal lands exceeds the value of the federal lands, Interior shall order the exchange to proceed without requiring any additional payment by the United States to the district. The values of the lands to be exchanged shall be determined by independent and qualified appraisers according to nationally recognized appraisal standards. The district shall pay any costs related to such conveyance. (Sec. 4) The land exchange shall be subject to continuing rights of the district to use, maintain, operate, construct, or relocate or expand groundwater recharge facilities on the nonfederal land exchanged to accommodate groundwater recharge of the Bunker Hill Basin to the extent that those activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such nonfederal land may be held or managed. (Sec. 5) The bill terminates Secretarial Order 241, dated November 11, 1929 (relating to the withdrawal of a portion of the federal land for an unconstructed transmission line) and revokes the withdrawal effected by such order.

Santa Ana River Wash Plan Land Exchange Act

PROVIDING FOR BALANCED BUDGETS. (a) Definitions.--In this section-- (1) the term ``balanced budget'' means a concurrent resolution on the budget which provides that for fiscal year 2027, and each fiscal year thereafter to which the concurrent resolution on the budget applies-- (A) total outlays do not exceed total receipts; and (B) total outlays are not more than 18 percent of the gross domestic product of the United States (as determined by the Bureau of Economic Analysis of the Department of Commerce) for such fiscal year; (2) the term ``Director'' means the Director of the Office of Management and Budget; and (3) the term ``Member'' includes a Delegate or Resident Commissioner to Congress. (b) Determination by the Office of Management and Budget.--Upon adoption by a House of Congress of a concurrent resolution on the budget for a fiscal year, the Director shall-- (1) determine whether the concurrent resolution on the budget is a balanced budget; and (2) submit to the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be) a certification as to whether or not that House of Congress has adopted a balanced budget. (c) Rule for Fiscal Years 2018 and 2019.-- (1) Fiscal year 2018.-- (A) Holding salaries in escrow.--If the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2018 before April 16, 2017, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described.--With respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2017, and ends on the earlier of-- (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2018; or (ii) the last day of the One Hundred Fifteenth Congress. (2) Fiscal year 2019.-- (A) Holding salaries in escrow.--If the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2019 before April 16, 2018, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described.--With respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2018, and ends on the earlier of-- (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2019; or (ii) the last day of the One Hundred Fifteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow.--The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) or (2) that would apply to the payment if the payment were not subject to paragraph (1) or (2). (4) Release of amounts at end of the congress.--In order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Fifteenth Congress. (5) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (6) Payroll administrator defined.--In this subsection, the ``payroll administrator'' of a House of Congress means-- (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (d) Rule for Fiscal Year 2020 and Subsequent Fiscal Years.--If the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2020, or any fiscal year thereafter, before April 16 of the fiscal year before such fiscal year, during pay periods which occur in the same calendar year after that date each Member of that House shall be paid at an annual rate of pay equal to $1. SEC. 3. SUPERMAJORITY REQUIREMENT FOR INCREASING REVENUE. (a) In General.--In the Senate and the House of Representatives, a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue shall only be agreed to upon an affirmative vote of three-fifths of the Members of that House of Congress duly chosen and sworn. (b) Rules of Senate and the House of Representatives.--Subsection (a) is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Balanced Budget Accountability Act This bill requires the Office of Management and Budget (OMB), upon adoption by a chamber of Congress of a concurrent budget resolution for a fiscal year, to determine and submit to the Speaker of the House of Representatives or the President pro tempore of the Senate a certification as to whether that chamber has adopted a balanced budget. "Balanced budget" means a concurrent budget resolution providing that for FY2027 and each succeeding fiscal year to which the resolution applies total outlays do not exceed total receipts and are not more than 18% of the gross domestic product for such fiscal year. If OMB does not certify that a chamber has adopted a balanced budget for FY2018 before April 16, 2017, the payroll administrator of each chamber must deposit in an escrow account all payments for compensation of Members of Congress serving in that chamber otherwise required beginning on such date. Such deposits shall be released to such Members on the earlier of: (1) the day on which OMB certifies that the chamber has adopted a balanced budget for FY2018, or (2) the last day of the 115th Congress. The same requirements shall apply for FY2019 if OMB does not certify that a chamber has adopted a balanced budget for FY2019 before April 16, 2018. If OMB does not certify that a chamber has adopted a balanced budget for FY2020, or any succeeding fiscal year, before April 16 of the prior fiscal year, each Member of that chamber shall be paid $1 annually for pay periods for the same calendar year after that date. This bill requires legislation in the House and Senate that increases revenue to be agreed upon only by an affirmative vote of three-fifths of the Members of that chamber.

Balanced Budget Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pay for Performance Act''. SEC. 2. DEFINITIONS. For the purpose of this Act-- (1) the term ``Federal deficit'' or ``deficit'' means, with respect to any fiscal year, the amount by which total budget outlays of the Government for such fiscal year exceed total revenues of the Government for such fiscal year; (2) the term ``Member of Congress'' means an individual serving in a position referred to in section 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)); and (3) the term ``year'' means a calendar year. SEC. 3. TEMPORARY SUSPENSION OF USUAL PAY ADJUSTMENT PROCEDURES. Subject to section 5, rates of basic pay for Members of Congress shall not be adjusted except in accordance with section 4. SEC. 4. TEMPORARY ALTERNATIVE PROCEDURES. (a) In General.--Effective as of the first day of the first applicable pay period beginning on or after January 1st of each year, the rate of basic pay for each Member of Congress shall be reduced by the percentage derived by multiplying the applicable factor under subsection (b) for such year by the applicable factor under subsection (c) for such year. (b) Factor Reflecting Magnitude of the Deficit.--The applicable factor under this subsection for any year is the number of hundreds of billions of dollars to which the Federal deficit is equal, as determined under subsection (d) with respect to such year. (c) Factor Reflecting Degree of Success in Reducing or Eliminating the Deficit.--The applicable factor under this subsection for any year shall be determined in accordance with the following: (1) For the first year beginning on or after the effective date of this Act, the applicable factor under this subsection is 2 percent. (2) For each year thereafter, the applicable factor under this subsection is-- (A) the same percentage as was applicable under this subsection in the previous year, if the deficit for the year in question is at least $100,000,000,000 less than-- (i) the size of the deficit for the year referred to in paragraph (1), or (ii) the lowest level attained in the deficit for any year after the year referred to in paragraph (1), whichever is less; or (B) 2 times the percentage which was applicable under this subsection in the previous year, if subparagraph (A) does not apply. (d) Determining the Size of the Deficit.--For the purpose of any determination under this Act, the size or level of the Federal deficit for any year-- (1) shall be equal to the size or level of the deficit for the fiscal year ending on the September 30th immediately preceding the start of such year; and (2) shall be rounded to the nearest multiple of $100,000,000,000 (or, if midway between multiples of $100,000,000,000, to the next higher multiple of $100,000,000,000). (e) Limitation.--Nothing in this Act shall have the effect of reducing any rate of basic pay below $1. (f) Suspension in Time of War.-- (1) In general.--Subject to paragraph (2), upon the enactment of a declaration of war-- (A) subsections (a) through (d) shall be suspended; and (B) any subsequent reduction in rates of basic pay for Members of Congress under such subsections shall be precluded. (2) Restoration.--In the event of a suspension of subsections (a) through (d) due to a declaration of war, then, effective with the first year that begins in the session after the state of war is concluded by Senate ratification of the necessary treaties-- (A) the provisions of subsections (a) through (d) shall be restored to full force and effect, and any adjustment scheduled to take effect on or after the first day of such year shall be implemented in accordance with such provisions; and (B) the initial rate of basic pay for a Member of Congress (before the implementation of any adjustment referred to in subparagraph (A)) shall be equal to the rate of basic pay in effect for such a Member as of the day before the effective date of this Act. SEC. 5. EFFECT OF ELIMINATING THE DEFICIT. (a) In General.--Effective as of the first day of the first applicable pay period beginning on or after January 1st of the first year with respect to which the deficit is determined to have been eliminated-- (1) the provisions of law suspended by section 2 (disregarding subsection (f) thereof) shall be restored to full force and effect, and any adjustment scheduled to take effect on or after such first day under such provisions shall be implemented in accordance with such provisions; (2) the initial rate of basic pay for a Member of Congress (before the implementation of any adjustment referred to in paragraph (1)) shall be equal to 2 times the rate of basic pay in effect for such a Member as of the effective date of this Act. (3) the provisions of section 4 shall cease to be effective. (b) Rule Relating to Determining When the Deficit Has Been Eliminated.-- (1) In general.--For the purpose of this Act, the deficit shall be considered to have been eliminated as of the start of the first year for which the applicable factor under section 4(b) would be less than 1. (2) No tax increase.--The condition under paragraph (1) shall be considered unmet if there is enacted, after the effective date of this Act, any legislation that reduces the Federal deficit by changing the Internal Revenue Code of 1986. SEC. 6. EFFECTIVE DATE. (a) In General.--This Act shall take effect on January 1st of the first year beginning after the first election of Representatives following the date of the enactment of this Act. (b) Definition.--For the purpose of subsection (a), the term ``election of Representatives'' has the meaning given such term by 225(i)(4)(B) of the Federal Salary Act of 1967 (2 U.S.C. 359(4)(B)).

Congressional Pay for Performance Act - Suspends basic pay adjustments for Members of Congress, and requires pay reductions, until the deficit is reduced to below $50,000,000,000 without the enactment of any change in the Internal Revenue Code. Requires an annual reduction in pay by a percentage equal to: (1) two percent times the number of hundreds of billions of dollars of the deficit in the first year after enactment; or (2) twice that percentage for any year following a year for which the deficit is not at least $100,000,000,000 less than the lowest level attained after enactment of this Act. Suspends pay reductions upon enactment of a declaration of war and reinstates them when the state of war is concluded. Restores pay adjustment procedures suspended by this Act, and provides for a rate of basic pay of twice the rate in effect as of the effective date of this Act, for the first year with respect to which the deficit is less than $50,000,000,000.

Congressional Pay for Performance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puget Sound Recovery Act of 2009''. SEC. 2. PUGET SOUND. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. PUGET SOUND. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Comprehensive plan.--The term `comprehensive plan' means the Puget Sound Action Agenda (the comprehensive conservation and management plan for Puget Sound under section 320), including any amendments thereto. ``(2) Council.--The term `Council' means the Puget Sound Program Advisory Council established under subsection (d). ``(3) Director.--The term `Director' means the Director of the Office. ``(4) Office.--The term `Office' means the Puget Sound Program Office established by subsection (b). ``(5) Puget sound partnership.--The term `Puget Sound Partnership' means the agency of the State of Washington (together with its associated councils, boards, and panels) that was formed under authority of State law for the purpose of protecting and restoring Puget Sound and is designated as the management conference for Puget Sound under section 320. ``(b) Program Office.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a Puget Sound Program Office. The Office shall be co-located with the Puget Sound Partnership in the State of Washington. ``(2) Appointment of director.--The Administrator shall appoint a Director of the Office, who, by reason of management experience and technical expertise relating to Puget Sound, shall be highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the comprehensive plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Director such authority and provide such additional staff as may be necessary to carry out this section. ``(c) Duties.-- ``(1) In general.--In carrying out this section, the Administrator, acting through the Director, shall-- ``(A) assist and support the implementation of the comprehensive plan; ``(B) provide funding and make grants for implementation of the comprehensive plan and projects, programs, and studies consistent with the priorities of the comprehensive plan; ``(C) promote innovative methodologies and technologies that are cost-effective and consistent with the identified goals and objectives of the comprehensive plan and Environmental Protection Agency permitting processes; ``(D) coordinate the major functions of the Federal Government related to the implementation of the comprehensive plan, including projects, programs, and studies for-- ``(i) water quality improvements; ``(ii) wetland, riverine, and estuary restoration and protection; and ``(iii) nearshore and endangered species recovery; ``(E) coordinate the research and planning projects authorized under this section with Federal agencies, State agencies, tribes, universities, and the Puget Sound Partnership's Science Panel, including conducting or commissioning studies considered necessary by the Science Panel for strengthened implementation of the comprehensive plan; ``(F) track progress towards meeting the identified goals and objectives of the comprehensive plan by-- ``(i) implementing and supporting a project, program, and study monitoring system consistent with the performance management system used by the Puget Sound Partnership; and ``(ii) coordinating, managing, and reporting environmental data related to Puget Sound in a manner consistent with methodologies utilized by the Puget Sound Partnership, including, to the extent practicable, making such data and reports on such data available to the public, including on the Internet, in a timely fashion; ``(G) coordinate projects, programs, and studies for the protection of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca with Canadian authorities; and ``(H) collect and make available to the public, including on the Internet, publications and other forms of information relating to the environmental quality of Puget Sound. ``(2) Implementation methods.--The Administrator, acting through the Director, may enter into interagency agreements, make intergovernmental personnel appointments, provide funding, make grants, and utilize other available methods in carrying out the duties under this subsection. ``(d) Puget Sound Program Advisory Council.-- ``(1) In general.--The Administrator shall establish a Puget Sound Program Advisory Council to provide advice to the Administrator on the implementation of the identified goals and objectives of the comprehensive plan. ``(2) Composition.--The Council shall consist of the following 2 boards: ``(A) A Federal agency board consisting of representatives of appropriate Federal agencies that may affect or implement projects or programs identified in the comprehensive plan and the Executive Director of the Puget Sound Partnership. The chairperson of the Federal agency board shall be the Director. ``(B) An intergovernmental board consisting of the members of the Leadership Council and the Ecosystem Coordination Board of the Puget Sound Partnership. ``(3) Meetings.--The Council shall meet at least twice per year-- ``(A) to assess the progress of the Office in meeting the identified goals and objectives of the comprehensive plan; ``(B) to identify improvements for meeting the identified goals and objectives of the comprehensive plan; and ``(C) to assess Federal agency budget needs to implement the comprehensive plan. ``(4) Compensation of members.--A member of the Council shall serve without compensation. ``(5) Travel expenses.--Subject to the availability of appropriations, the Administrator shall reimburse a member of the Council for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or the regular place of business of the member in performance of services for the Council. ``(e) Report.--Not later than one year after the date of enactment of this section, and biennially thereafter, the Administrator and the Executive Director of the Puget Sound Partnership, acting jointly, shall submit to Congress a report that-- ``(1) summarizes the progress made in implementing the comprehensive plan and progress towards achieving the identified goals and objectives described in the comprehensive plan; ``(2) summarizes any modifications to the comprehensive plan made in the period immediately preceding such report; ``(3) incorporates specific recommendations concerning the implementation of the comprehensive plan; and ``(4) summarizes the roles and progress of each Federal agency that has jurisdiction in the Puget Sound watershed towards meeting the identified goals and objectives of the comprehensive plan. ``(f) Implementation of Comprehensive Plan.-- ``(1) In general.--The Administrator, acting through the Director and in consultation with the Puget Sound Partnership, shall carry out projects, programs, and studies to implement the comprehensive plan. ``(2) Priority projects, programs, and studies.--The Administrator shall give special emphasis to projects, programs, and studies that are identified as priorities by the Puget Sound Partnership in the comprehensive plan. ``(3) Grants.-- ``(A) In general.--The Administrator, acting through the Director, is authorized to make grants for projects, programs, and studies to implement the comprehensive plan. ``(B) Allocations.--In making grants under this paragraph, the Administrator shall use-- ``(i) 50 percent of the funds appropriated for making grants under this paragraph for a fiscal year to make a comprehensive grant to the Puget Sound Partnership to manage implementation of the comprehensive plan and for allocation by the Puget Sound Partnership to projects, programs, and studies prioritized in the comprehensive plan; and ``(ii) 50 percent of funds appropriated for making grants under this paragraph for a fiscal year to make grants to State and regional water pollution control agencies and entities, federally recognized Indian tribes, State coastal zone management agencies, local governments, and other public or nonprofit private agencies, institutions, or organizations to implement specific projects, programs, and studies identified in the comprehensive plan. ``(4) Federal share.-- ``(A) In general.--The Federal share of the cost of a project, program, or study carried out under this subsection shall be-- ``(i) not more than 50 percent of the cost of a project, program or study; or ``(ii) up to 100 percent of the cost of a project, program, or study if the project, program, or study is located in or specifically affects a distressed community. ``(B) Contributions from non-federal sources.--The non-Federal share of costs required under subparagraph (A) shall be provided from non-Federal sources. ``(5) Distressed community defined.--In this subsection, the term `distressed community' means a community that meets the affordability criteria established by the State in which the community is located, if such criteria is established after public review and comment. ``(g) Annual Budget Plan.--The President, as part of the annual budget of the United States Government, shall submit information regarding each Federal agency involved in Puget Sound protection and restoration, including-- ``(1) an interagency crosscut budget that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, programs, and studies relating to Puget Sound; ``(B) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to Puget Sound; and ``(C) the proposed budget for protection and restoration projects, programs, and studies relating to Puget Sound; and ``(2) a description and assessment of the Federal role in the implementation of the comprehensive plan and the specific role of each Federal agency involved in Puget Sound protection and restoration, including specific projects, programs, and studies conducted or planned to achieve the identified goals and objectives of the comprehensive plan. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $125,000,000 for each of fiscal years 2011 through 2016. Such sums shall remain available until expended.''.

Puget Sound Recovery Act of 2009 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a Puget Sound Program Office, to be co-located with the Puget Sound Partnership in Washington; and (2) appoint a Director of the Office. Requires the Administrator, acting through the Director, to: (1) assist and support the implementation of the Puget Sound Action Agenda; (2) provide funding and make grants for implementation of the Agenda and related projects; (3) promote methodologies and technologies that are cost-effective and consistent with the goals and objectives of the Agenda and the EPA permitting processes; (4) coordinate the major functions of the federal government relating to the implementation of the Agenda; (5) coordinate the research and planning projects authorized under this Act with federal and state agencies, tribes, universities, and the Puget Sound Partnership's Science Panel; (6) track progress toward meeting the identified goals and objectives of the Agenda; (7) coordinate projects, programs, and studies for the protection of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca with Canadian authorities; (8) collect and make available to the public publications and information relating to the environmental quality of Puget Sound; and (9) implement projects, programs, and studies to implement the Agenda. Requires the Administrator to establish a Puget Sound Program Advisory Council to provide advice on the implementation of the Agenda's goals and objectives. Requires the Administrator and the Executive Director of the Puget Sound Partnership to a report, biennially, to Congress on implementation of the Agenda. Allows the Administrator, acting through the Director, to make grants for projects, programs, and studies to implement the Agenda, including a comprehensive grant to the Partnership to manage such implementation. Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in Puget Sound protection and restoration.

To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of Puget Sound, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2. FINDINGS. Congress finds that-- (1) social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society; (2) social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities; and (3) social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic and community influences from an interdisciplinary, family- centered and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. (a) In General.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the following: ``(H) The National Center for Social Work Research.''. (b) Establishment.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``Subpart 7--National Center for Social Work Research ``SEC. 485J. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of targeted research concerning social work methods and outcomes related to problems of significant social concern. The Center shall-- ``(1) promote research and training that is designed to inform social work practices, thus increasing the knowledge base which promotes a healthier America; and ``(2) provide policymakers with empirically-based research information to enable such policymakers to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``SEC. 485K. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485J, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, the association of socioeconomic status, gender, ethnicity, age and geographical location and health, the social work care of individuals with, and families of individuals with, acute and chronic illnesses, child abuse, neglect, and youth violence, and child and family care to address problems of significant social concern especially in underserved populations and underserved geographical areas. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485L. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary of Health and Human Services, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, the Director of the Division of Epidemiology and Services Research, the Assistant Secretary of Health and Human Services for the Administration for Children and Families, the Assistant Secretary of Education for the Office of Educational Research and Improvement, the Assistant Secretary of Housing and Urban Development for Community Planning and Development, and the Assistant Attorney General for Office of Justice Programs (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485M-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485M. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485L(g). ``SEC. 485N. QUARTERLY REPORT. ``The Director of the Center shall prepare and submit to Congress a quarterly report that contains a summary of findings and policy implications derived from research conducted or supported through the Center.''.

National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research as an agency of the National Institutes of Health. Authorizes the Center to establish research traineeships and fellowships, provide stipends and allowances, and make grants. Directs the Secretary of Health and Human Services to establish an advisory council for the Center.

A bill to amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation; (5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce; (6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and (7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because-- (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits; (B) the citizens of the United States depend on, and the Federal Government expends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of volunteers; (C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and (D)(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights; and (ii) therefore, liability reform is an appropriate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity. (b) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply, as of a date certain, to such civil action in the State; and (3) containing no other provisions. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- (A) possess an operator's license; or (B) maintain insurance. (b) Concerning Responsibility of Volunteers to Organizations and Entities.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization or Entity.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. (4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. (e) Limitation on Punitive Damages Based on the Actions of Volunteers.-- (1) General rule.--Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. (2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. (f) Exceptions to Limitations on Liability.-- (1) In general.--The limitations on the liability of a volunteer under this Act shall not apply to any misconduct that-- (A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; (D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. (2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (e). SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (a) General Rule.--In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Volunteer.--The term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a volunteer where that claim is filed on or after the effective date of this Act but only if the harm that is the subject of the claim or the conduct that caused such harm occurred after such effective date. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute declaring its election that this Act not apply. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator's license or maintain insurance. Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act. Prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug. Makes each volunteer liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which that defendant is liable. Requires the trier of fact to determine such percentage of responsibility.

Volunteer Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Products Safe Testing Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) nonanimal acute toxicity tests have been developed in recent years that have shown a level of reliability sufficient for the reduction or replacement of animal acute toxicity tests such as the Draize test for many products regulated by the Federal Government; (2) many manufacturers have found nonanimal acute toxicity tests to be adequate for evaluating the safety of products for the purposes of complying with Federal regulations or guidelines; (3) the Federal Government has discouraged the use of these alternatives through regulations that mandate or encourage the use of animal acute toxicity tests, or by not prescribing other, less costly, more accurate and humane alternatives; (4) many manufacturers are reluctant to use nonanimal tests without encouragement from the Federal Government; and (5) private industry and the consumer will benefit from the promotion of alternative methods of testing when these alternatives are as accurate and more humane than animal tests. (b) Policy.--Federal departments and agencies shall encourage the development and use of product testing procedures that accurately reflect the acute health effects on humans of certain products, including consumer products and products containing hazardous or toxic substances, but which do not rely upon animals. SEC. 3. FEDERAL ACTION. (a) Review of Regulations, Guidelines, or Recommendations Concerning the Draize Test and Other Animal Acute Toxicity Tests.--Not later than one year after the date of enactment of this Act, each Federal department or agency head shall-- (1) review and evaluate any regulation, guideline, or recommendation issued by that department or agency which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test for the purpose of evaluation of the safety of a regulated product; (2) review and evaluate nonanimal alternatives with the potential for partial or full replacement of the Draize or other animal acute toxicity test for some or all of the products regulated; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests should be used instead of an animal acute toxicity test unless that Federal department or agency head determines that the nonanimal acute toxicity test or battery of such tests is less likely to predict the acute health effects on humans of a product than the animal acute toxicity test. (b) Animal Acute Toxicity Tests.--If a determination is made that no nonanimal acute toxicity test or battery of tests is as likely to predict the human reaction to the regulated product as the Draize or other animal acute toxicity test, the appropriate Federal department or agency head shall publish in the Federal Register an explanation of all options considered and the justification for continuing the animal acute toxicity test, which shall be subject to public comment. (c) Periodic Review of Animal Acute Toxicity Testing Regulations.-- At least every 2 years (beginning 3 years after the date of enactment of this Act), each Federal department or agency head, after considering the most recent technological advances available, shall determine whether continued use of any animal acute toxicity test is justified. If a Federal department or agency head determines that such use is justified, then that Federal department or agency head shall publish an explanation and justification of such continued use in the Federal Register, which shall be subject to public comment. SEC. 4. APPLICATION. This Act shall not apply to regulations, guidelines, or recommendations related to medical research. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Animal.--The term ``animal'' means any vertebrate. (2) Animal acute toxicity test.--The term ``animal acute toxicity test'' means an acute toxicity test on animals, including (but not limited to) the Draize eye or skin irritancy test, LD-50 test, approximate lethal dose test, and the limit test. (3) Federal department or agency head.--The term ``Federal department or agency head'' means the head of a Federal department or agency who-- (A) has authority to promulgate regulations, guidelines, and recommendations with respect to procedures to be used in the safety testing by manufacturers of products, including consumer products, veterinary products, and products containing hazardous or toxic substances; or (B) licenses or approves products, labeling requirements or the transportation of products based on the results of these tests. (4) Medical research.--The term ``medical research'' means research related to the causes, diagnosis, treatment, or control of physical or mental impairments of humans or animals. The term does not include the testing of a product to determine its toxicity for the purpose of complying with protocols, recommendations, or guidelines for testing required, recommended, or accepted by a Federal regulatory agency for a product introduced in commerce. (5) Nonanimal acute toxicity test.--The term ``nonanimal acute toxicity test'' means an acute toxicity test not conducted on animals. Such tests include (but are not limited to) cell culture, computer modeling, protein alteration, and chorioallantoic membrane techniques.

Consumer Products Safe Testing Act - Requires each Federal department or agency (department) head to: (1) evaluate any regulation, guideline, or recommendation issued by that department which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test (animal test) to evaluate the safety of a regulated product; (2) evaluate nonanimal alternatives with the potential for partial or full replacement of such test; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests that should be used instead of an animal test unless the nonanimal test is less likely to predict the acute health effects of a product on humans. Directs the appropriate Federal department, if a determination is made that no nonanimal test is as likely to predict the human reaction to the regulated product as the animal test, to publish in the Federal Register an explanation of all options considered and the justification for continuing the animal test, which shall be subject to public comment. Requires each Federal department head, at least every two years (beginning three years after this Act's enactment date), after considering the most recent technological advances available, to determine whether continued use of any animal test is justified (and if the department head determines that such use is justified, such head shall publish an explanation and justification for such continued use in the Federal Register, which shall be subject to public comment). Makes this Act inapplicable to regulations, guidelines, or recommendations related to medical research.

Consumer Products Safe Testing Act

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE (a) Short Title.--This Act may be cited as the ``America Rx Act of 2003''. (b) Findings.--Congress finds the following: (1) Affordability is critical in providing access to prescription drugs for residents of the United States. (2) It is not the intention of the Congress to discourage employers and health insurers from providing coverage for prescription drugs, including discounts for the purchase of those drugs. (c) Purpose.--The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall establish a program (in this section referred to as the ``America Rx program'') consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs. (2) Principles.--The Secretary shall design and execute the America Rx program in a manner consistent with the following principles: (A) Medicaid beneficiaries and other low-income individuals, as well as senior citizens and the disabled, are not hurt or disadvantaged as a result of the program's implementation. (B) Pharmacies participating are ensured reasonable and timely payment of discounts they provide to qualified residents under the program. (C) The Federal Government will fully reimburse States for reasonable costs they incur in carrying out the program. (D) Individuals who apply for benefits under the program are screened for eligibility under the medicaid program and other applicable Governmental health care programs and, if found eligible, are enrolled in such program or programs. (E) The Secretary provides for-- (i) outreach efforts to build public awareness of the program and maximize enrollment of qualified residents; and (ii) simplified eligibility procedures and uniform eligibility standards for qualified residents. (3) Qualified resident defined.--For purposes of this section, the term ``qualified resident'' means an individual who-- (A) a citizen or national of the United States (or an alien lawful residing permanently in the United States); and (B) as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits (which may be discounted prices) towards the purchase of outpatient prescription drugs. (b) Rebate Agreements With Manufacturers.-- (1) In general.--Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. (2) Minimum amount of rebates.--In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 U.S.C. 1396r- 8(c)). (3) Payment.--Such rebates shall be payable to the Secretary according to a schedule (not less often than quarterly) negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. (4) Incentive.--In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements, the Secretary shall, in a manner consistent with the design principle specified in subsection (a)(2), provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. (5) Application of rebates.--Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. (c) Arrangements With Participating Pharmacies.-- (1) In general.--Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that-- (A) each participating pharmacy shall-- (i) provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee; (ii) not charge qualified residents more (before such discounts) for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs; and (iii) report to the Secretary (or the Secretary's designee) information regarding the discounts provided and fees incurred; and (B) the program shall-- (i) reimburse a participating retail pharmacy on a prompt basis (no less promptly than as provided under the medicare program) for discounted prices provided to qualified residents under the program and for reasonable dispensing fees; and (ii) not impose any additional fees on such pharmacies in connection with participation in the program. (2) Discounted prices.--The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. The Secretary shall specify the method for computing and applying discounts, including a method for computing and applying discounts on a uniform, average percentage basis. (d) Administration.-- (1) In general.--Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. (2) Administrative functions.--Such administration functions may include-- (A) determinations of eligibility of qualified residents; (B) arrangements with participating pharmacies; and (C) such other functions as the Secretary determines appropriate. (3) Contractual authority.--In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. (e) Definitions.--For purposes of this section: (1) The term ``manufacturer'' has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (2) The term ``medicaid program'' means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. (3) The term ``outpatient prescription drug'' has the meaning given the term ``covered outpatient drug'' in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r- 8(k)(2)). (4) The term ``Secretary'' means the Secretary of Health and Human Services. (5) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.

America Rx Act of 2003 - Directs the Secretary of Health and Human Services to establish a program to provide qualified U.S. residents with access to discounted prices for outpatient prescription drugs.

To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Labor Statistics Improvement Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established an independent commission to be known as the ``Commission to Improve Labor Statistics''. SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) examine and make an assessment of the process by which the Bureau of Labor Statistics collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including-- (A) the methods used for determining that an individual is or is not considered to be looking for work, including what constitutes actively looking versus passively looking or ``discouraged''; and (B) the utility of the six measures used by the Bureau for reporting labor underutilization; (2) formulate recommendations for any improvement to such process and methods, including proposals for any alternative measures of labor force participation, taking into account-- (A) evidence that the official unemployment rate doesn't always accurately reflect labor market strength; and (B) that unemployment rates may vary over a business cycle due to changes in labor force participation rather than from factors affecting labor market strength; and (3) develop a new method or methods for determining and reporting underemployment that takes into consideration workers-- (A) who are not in jobs that match their skill set or education; and (B) who are earning less than other workers in similar occupations or with similar skill sets and education. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of four members appointed from among individuals with experience in the private sector, academia, or the Federal civil service, each having expertise in economic analysis, understanding labor markets, or statistical analysis. Members shall be appointed as follows: (1) Two members appointed by the President. (2) One member appointed by the President pro tempore of the Senate. (3) One member appointed by the Speaker of the House of Representatives. (b) Deadline for Appointment.--Each member shall be appointed to the Commission not later than 180 days after the date of enactment of this Act. (c) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic Pay and Travel Expenses.--Members shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--Three members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson.--The Chairperson of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 5. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. REPORT OF COMMISSION. Not later than 180 days after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission developed pursuant to section 3. SEC. 7. TERMINATION OF COMMISSION. (a) Termination.--The Commission shall terminate 60 days after the date of submission of the report pursuant to section 7. (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report.

Labor Statistics Improvement Act - Establishes an independent Commission to Improve Labor Statistics. Directs the Commission to: (1) examine and make an assessment of the process by which the Bureau of Labor Statistics (BLS) collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including the methods used for determining that an individual is considered to be looking for work; (2) formulate recommendations for any improvement to such process and methods, including proposals for any alternative measures of labor force participation, taking into account evidence that the official unemployment rate doesn't always accurately reflect labor market strength; and (3) develop a new method for determining and reporting underemployment that takes into consideration workers who are not in jobs that match their skill set or education and who are earning less than other workers in similar occupations or with similar skill sets and education. Directs the Commission to transmit a report to the President and Congress within 180 days after all of its original members have been appointed. Terminates the Commission 60 days after it submits such report.

Labor Statistics Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Arson Prevention Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) The incidence of arson or other destruction or vandalism of places of religious worship, and the incidence of violent interference with an individual's lawful exercise or attempted exercise of the right of religious freedom at a place of religious worship pose a serious national problem. (2) The incidence of arson of places of religious worship is particularly acute in the context of places of religious worship that serve predominantly African-American congregations. (3) Damage to religious property based on the religious, racial, or ethnic character of that property-- (A) hinders interstate commerce by impeding the movement of members of targeted groups in areas of our Nation and preventing them from engaging in commerce in those areas on account of their race, color, religion, or national origin; (B) impedes individuals in moving interstate because of their race, color, religion, or national origin; (C) is often committed by individuals with ties to groups that operate nationwide; and (D) disrupts the tranquility and safety of communities and is deeply divisive. (4) Changes in Federal law are necessary to deal properly with this problem. (5) Although local jurisdictions have attempted to respond to the challenges posed by such acts of destruction or damage to religious property, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist State and local jurisdictions. (6) Congress has authority pursuant to the Commerce clause of the Constitution to make acts of destruction or damage to religious property a violation of Federal law. (7) Congress has authority pursuant to section 2 of the 13th amendment to make actions of private citizens motivated by race, color, or ethnicity that interfere with the ability of citizens to hold or use religious property without fear of attack, violations of Federal criminal law. (8) Congress has authority pursuant to section 2 of the 13th amendment to make the commission of an arson or other bias motivated destruction or vandalism of a place of religious worship violations of Federal criminal law. (9) Congress has the authority pursuant to section 5 of the 14th amendment to make violent interference with a citizen's free exercise of the right of religious worship through damage to religious property a violation of Federal law. SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS WORSHIP. Section 247 of title 18 of the United States Code is amended-- (1) in subsection (a)-- (A) in paragraph (1) by inserting ``, racial, or ethnic'' after ``of the religious''; and (B) by striking ``subsection (c)'' and inserting ``subsection (d)''; (2) by striking subsection (b) and inserting the following: ``(b) The circumstances referred to in subsection (a) are that-- ``(1) the offense is in or affects interstate or foreign commerce; or ``(2) in committing, planning, or preparing to commit an offense, the defendant-- ``(A) travels in interstate or foreign commerce; or ``(B) uses the mail or any facility or instrumentality of interstate or foreign commerce.''; (3) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively, and adding the following subsection: ``(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, religious characteristics or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d) of this section.''; (4) in subsection (d)(2), as redesignated, by striking ``a fine in accordance with this title and imprisonment for not more than ten years, or both'' and inserting the following: ``in accordance with the penalties provided in section 844(i) of this title''; (5) in subsection (f), as redesignated, by inserting ``, including fixtures or religious objects contained within a place of religious worship'' after ``other religious property''; and (6) by inserting the following new subsection: ``(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted within 7 years after the date on which the offense was committed.''. SEC. 4. LOAN GUARANTEE RECOVERY FUND. (a) In General.--Notwithstanding any other provision of law, for the cost of loans guaranteed (referred to as ``guaranteed loans'') by the Secretary of Housing and Urban Development (the ``Secretary''), the Secretary may use up to $5,000,000 of the credit subsidy provided under the General and Special Risk Insurance Fund from the Department of Housing and Urban Development fiscal year 1996 appropriations Act. Guaranteed loans shall be extended to financial institutions in connection with loans made by such institutions to assist organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that have been damaged as a result of acts of arson or terrorism, as certified pursuant to procedures to be established by the Secretary. Any loan guarantee program established pursuant to this authorization shall be administered by the Federal Housing Administration. (b) Transfer of Balances.--Amounts for guarantees may be derived from the transfer of unobligated balances in the account (including recaptures of previously obligated amounts notwithstanding section 8(bb) of the United States Housing Act of 1937). (c) Treatment of Costs.--The costs of guaranteed loans, including the cost of modifying loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. (d) Limit on Loan Principal.--Funds made available by this section shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $10,000,000. (e) Terms and Conditions.--The Secretary shall-- (1) establish such terms and conditions as the Secretary considers appropriate to provide guarantees under this section; and (2) include in the terms and conditions a requirement that the decision to provide a guarantee to a financial institution and the amount of the guarantee does not in any way depend on the purpose, function, or identity of the organization to which the financial institution has made, or intends to make, a loan. SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, in fiscal years 1996 and 1997 such sums as are necessary to increase the number of personnel, investigators, and technical support personnel to investigate, prevent, and respond to potential violations of sections 247 and 844 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986 directed toward religious real property. These additional investigators, technical support personnel, and other personnel shall primarily participate in the investigation, response to, and prevention of possible violations of the Federal laws referred to in the preceding sentence and train and empower State and local law enforcement in the investigation and prevention of suspicious fires. SEC. 6. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT. The first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended-- (1) in subsection (b), by striking ``for the calendar year 1990 and each of the succeeding 4 calendar years'' and inserting ``for each calendar year''; and (2) in subsection (c), by striking ``through fiscal year 1994''. SEC. 7. SENSE OF THE SENATE. The Senate-- (1) commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson; and (2) encourages the private sector to continue these efforts so that places of worship that are victimized by arson, and their affected communities, can continue the rebuilding process with maximum financial support from private individuals, businesses, charitable organizations, and other non-profit entities. SEC. 8. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected thereby.

Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.

Church Arson Prevention Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark Twain Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Samuel Clemens--better known to the world as Mark Twain--was a unique American voice whose literary work has had a lasting effect on our Nation's history and culture. (2) Mark Twain remains one of the best known Americans in the world with over 6,500 editions of his books translated into 75 languages. (3) Mark Twain's literary and educational legacy remains strong even today, with nearly every book he wrote still in print, including The Adventures of Tom Sawyer and Adventures of Huckleberry Finn--both of which have never gone out of print since they were first published over a century ago. (4) In the past 2 decades alone, there have been more than 100 books published and over 250 doctoral dissertations written on Mark Twain's life and work. (5) Even today, Americans seek to know more about the life and work of Mark Twain, as people from around the world and across all 50 States annually flock to National Historic Landmarks like the Mark Twain House & Museum in Hartford, CT and the Mark Twain Boyhood Home & Museum in Hannibal, MO. (6) Mark Twain's work is remembered today for addressing the complex social issues facing America at the turn of the century, including the legacy of the Civil War, race relations, and the economic inequalities of the ``Gilded Age''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Mark Twain. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of the Mark Twain House and Museum; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \2/5\ of the surcharges, to the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the Mark Twain house and grounds, and ensure continuing growth and innovation in museum programming to research, promote and educate on the legacy of Mark Twain. (2) \1/5\ of the surcharges, to the Mark Twain Project at the Bancroft Library of the University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy. (3) \1/5\ of the surcharges, to the Center for Mark Twain Studies at Elmira College, New York, to support programs to study and promote Mark Twain's legacy. (4) \1/5\ of the surcharges, to the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support programs to study and promote his legacy. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in paragraphs (1), (2), (3), and (4) of subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain. Limits issuance of such coins to calendar year 2013. Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain; (2) the Mark Twain Project at the Bancroft Library of University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy; (3) the Center for Mark Twain Studies at Elmira College, New York, for the same purposes; and (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.

To require the Secretary of the Treasury to mint coins in commemoration of Mark Twain.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Safety Act Improvements Act of 2009''. SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18. (a) Carrying of Concealed Firearm by Qualified Law Enforcement Officer.--Section 926B of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``(or apprehension)'' after ``arrest''; and (B) in paragraph (3), by inserting ``which could result in suspension or loss of police powers'' before the semicolon; (2) by striking subsection (e) and inserting the following: ``(e) As used in this section, the term `firearm' has the same meaning as defined in section 921 of this title and is deemed to include ammunition the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but does not include-- ``(1) any machinegun (as defined in section 5845 of the National Firearms Act); ``(2) any firearm silencer (as defined in section 921 of this title); or ``(3) any destructive device (as defined in section 921 of this title).''; and (3) by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve System, and a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest (or apprehension).''. (b) Carrying of Concealed Firearm by Qualified Retired Law Enforcement Officer.--Section 926C of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) by striking paragraph (1) and inserting the following: ``(1) separated from service in good standing, or was honorably discharged from service, with a public agency as a law enforcement officer;''. (B) in paragraph (2)-- (i) by striking ``retirement'' and inserting ``separation''; and (ii) by inserting ``or apprehension'' after ``arrest''; and (C) by striking paragraphs (3) through (5) and inserting the following: ``(3)(A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or ``(B) separated from service with the agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by the agency; ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the agency, the State in which the officer resides, or if the State has not established the standards, a law enforcement agency in the State in which the officer resides; ``(5)(A) has not been found by a physician, licensed as such under State law, to not be qualified to handle a firearm for reasons related to mental health; and ``(B) has not entered into an agreement with the agency, in which the officer acknowledges he is not qualified to handle a firearm for reasons related to mental health;''; (2) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``retired'' and inserting ``separated''; and (ii) by striking ``to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm or''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``retired'' and inserting ``separated''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) a certification issued by the State in which the individual resides, or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers in the State, which indicates that the individual has, not less recently than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or the certified firearms instructor to have met-- ``(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or ``(ii) if the State has not established such standards, standards set by a law enforcement agency in the State to carry a firearm of the same type as the concealed firearm.''. (3) by striking subsection (e) and inserting the following: ``(e) As used in this section, the term `firearm' has the same meaning as defined in section 921 of this title and is deemed to include ammunition the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but does not include-- ``(1) any machinegun (as defined in section 5845 of the National Firearms Act); ``(2) any firearm silencer (as defined in section 921 of this title); or ``(3) any destructive device (as defined in section 921 of this title).''; and (4) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve System, service as a law enforcement officer or in a primarily law enforcement capacity for a branch of the United States Armed Forces, or as a law enforcement or police officer of the executive branch of the Federal Government.''. (c) Possession of Firearm in a School Zone by Qualified Law Enforcement Officer or Qualified Retired Law Enforcement Officer.-- Section 922(q)(2)(B)(vi) of such title is amended by inserting ``, a qualified law enforcement officer (as defined in section 926B(c)), or a qualified retired law enforcement officer (as defined in section 926C(c))'' before the semicolon.

Law Enforcement Officers Safety Act Improvements Act of 2009 - Amends the federal criminal code to: (1) expand the definition of "law enforcement officers," for purposes of provisions authorizing such officers to carry concealed weapons, to include current and retired law enforcement officers of the Amtrak Police Department, the Federal Reserve System, the executive branch, and the Armed Forces; (2) allow law enforcement officers who are retired or who separated in good standing after at least ten years of service to carry a concealed weapon; and (3) expand the categories of law enforcement officers authorized to possess a fireman in a school zone to include retired law enforcement officers.

To amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Center Enhancement and Awareness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 2,000,000 poisonings are reported to poison control centers throughout the United States. More than 90 percent of these poisonings happen in the home. 53 percent of poisoning victims are children younger than 6 years of age. (2) Poison centers are life-saving and cost-effective public health services. For every dollar spent on poison control centers, $7 in medical costs are saved. The average cost of a poisoning exposure call is $31.28, while the average cost if other parts of the medical system are involved is $932. Over the last 2 decades, the instability and lack of funding has resulted in a steady decline in the number of poison control centers in the United States. Currently, there are 75 such centers. (3) Stabilizing the funding structure and increasing accessibility to poison control centers will increase the number of United States residents who have access to a certified poison control center, and reduce the inappropriate use of emergency medical services and other more costly health care services. SEC. 3. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER. (a) In General.--The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 1999 through 2001. SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN. (a) In General.--The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 4. (b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $600,000 for each of the fiscal years 1999 through 2003. SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. (a) Regional Poison Control Centers.--The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings. (b) Other Improvements.--The Secretary shall also use amounts received under this section to-- (1) develop standard education programs; (2) develop standard patient management protocols for commonly encountered toxic exposures; (3) improve and expand the poison control data collection systems; and (4) improve national toxic exposure surveillance. (c) Certification.--Except as provided in subsection (d), the Secretary may make a grant to a center under subsection (a) only if the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. (d) Waiver of Certification Requirements.-- (1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (a) with respect to a noncertified poison control center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. (2) Renewal.--The Secretary may only renew a waiver under paragraph (1) for a period of 3 years. (e) Supplement not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, local or private funds provided for such center. (f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is equal to not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. (g) Matching Requirement.--The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 1999 through 2001.

Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations for FY 1999 through 2001. Requires the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to award grants to certified regional poison control centers for purposes of achieving financial stability and for preventing and providing treatment recommendations for poisoning. Lists other activities for which the Secretary shall use funds. Sets forth center certification requirements. Authorizes appropriations for FY 1999 through 2001.

Poison Control Center Enhancement and Awareness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Approach to Nuclear Expenditures Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the Soviet Union no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of those submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in spending on the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as stated by the Department of Defense's June 2013 nuclear policy guidance entitled, ``Report on Nuclear Employment Strategy of the United States''. This guidance found that force levels under the Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011, between the United States and the Russian Federation (commonly known as the ``New START Treaty'') ``are more than adequate for what the United States needs to fulfill its national security objectives'' and that the force can be reduced by up to \1/3\ below levels under the New START Treaty to 1,000 to 1,100 warheads. (5) Even without additional reductions in deployed strategic warheads, the United States can save tens of billions of dollars by deploying those warheads more efficiently on delivery systems and by deferring production of new delivery systems until they are needed. (6) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated, ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (7) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2015 through 2024 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (c) Reduction in the B61 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program until the Secretary of Defense and the Secretary of Energy jointly certify to Congress that the total cost of the B61 life extension program has been reduced to not more than $4,000,000,000. (d) Termination of W78 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2021, the forces of the Navy shall include not more than eight ballistic-missile submarines available for deployment. (f) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2015 through 2024 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2025 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (g) Prohibition on New Intercontinental Ballistic Missile.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2015 through 2024 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (h) Termination of Mixed Oxide Fuel Fabrication Facility Project.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide Fuel Fabrication Facility project. (i) Termination of Uranium Processing Facility.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee. (j) Prohibition on New Air Launched Cruise Missile.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of a new air-launched cruise missile or for the W80 warhead life extension program. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2016, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2016, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Smarter Approach to Nuclear Expenditures Act Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2015-FY2024: (1) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (2) to procure an SSBN-X submarine (and prohibits the use of such funds for FY2025 and thereafter to procure more than eight such submarines); or (3) for the RDT&E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2015 or thereafter for DOD or the Department of Energy: (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $4 billion; (3) for the W78 life extension program; (4) for the mixed oxide fuel fabrication facility project; (5) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee; or (6) for RDT&E of a new air-launched cruise missile or for the W80 warhead life extension program. Prohibits Navy forces, beginning in FY2021, from including more than eight operational ballistic-missile submarines available for deployment. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Office of Management and Budget of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program.

Smarter Approach to Nuclear Expenditures Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) Under Federal law, there is no consistent definition for rural schools, rural school districts, or rural local educational agencies. (3) The National Center for Educational Statistics (NCES) reports that 46 percent of our Nation's public schools serve rural areas. (4) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in science and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in 3 or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (5) Data from the National Assessment of Educational Progress (NAEP) consistently show large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a school district that is located in a rural locality; or (ii) a school-age population of 800 or fewer. (3) Metropolitan statistical area.--The term ``metropolitan statistical area'' includes the area defined as such by the Secretary of Commerce. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) Rural locality.--The term ``rural locality'' means a locality that is not within a metropolitan statistical area. (6) School-age population.--The term ``school-age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) Specially qualified agency.--The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 5(b)(3). SEC. 5. PROGRAM AUTHORIZED. (a) Reservations.--From amounts appropriated under section 9 for a fiscal year, the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a), the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies or schools described in section 6(b)(2) for local authorized activities described in subsection (c). (2) Formula.--The Secretary shall allot to each State educational agency an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) as the number of students served by eligible local educational agencies in the State bears to the number of all students served by eligible local educational agencies in all States. (3) Direct awards to specially qualified agencies.-- (A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, a specially qualified agency in such State desiring a grant under this Act shall apply directly to the Secretary to receive an award under this Act. (B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (c) Local Activities.--Grant funds awarded to local educational agencies or made available to schools under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies or provide assistance to schools described in subsection (b)(2)-- (1) on a competitive basis; or (2) according to a formula based on the number of students served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9 percent of the grant funds to provide assistance to schools located in a noneligible local educational agency if the school-- (A) is located in a rural community that has a population of 2,500 or less, or a rural community with a population density of less than 1,000 people per square mile; and (B) serves a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (3) may use not more than 1 percent for State activities and administrative costs related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9.5 percent of the grant funds to provide assistance to a school described in subsection (b)(2); and (3) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency and specially qualified agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 8. REPORTS. (a) State Reports.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how local educational agencies and schools used funds provided under this Act; and (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 7. (b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this Act shall provide an annual report to the Secretary. Such report shall describe-- (1) how such agency uses funds provided under this Act; and (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 5(b)(3)(A). (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies and schools used funds provided under this Act; and (3) progress made in meeting specific measurable educational goals and objectives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2000 through 2004.

Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make grants to States for elementary and secondary education development by local educational agencies (LEAs) that are eligible because they serve: (1) a school-age population of whom 20 percent or more are from families with incomes below the poverty line; and (2) a school district in a rural locality, or a school-age population of 800 or fewer. Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. Requires SEAs to award grants on a competitive or formula basis. Requires that at least 90 percent of such funds be awarded to eligible LEAs. Allows specified portions of the remainder to be used for: (1) assistance to schools that meet certain eligibility criteria, even though they are in noneligible LEAs; and (2) State activities and administrative costs related to the grant program. Authorizes appropriations.

Rural Education Development Initiative for the 21st Century Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Empowerment Act''. SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--Educational Empowerment Zones ``Sec. 1400E. Designation of educational empowerment zones. ``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. ``(a) Designation.-- ``(1) Educational Empowerment Zone.--For purposes of this title, the term `educational empowerment zone' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as an educational empowerment zone (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Health and Human Services and the Secretary of Education (hereinafter in this section referred to as the `Secretaries concerned') jointly designate as an educational empowerment zone. ``(2) Number of designations.--The Secretaries concerned may designate not more than 30 nominated areas as educational empowerment zones. ``(3) Areas designated based on degree of poverty, etc.-- Except as otherwise provided in this section, the nominated areas designated as educational empowerment zones under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretaries concerned shall prescribe by regulation no later than 4 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A); ``(ii) the parameters relating to the size and population characteristics of an educational empowerment zone; and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Time limitations.--The Secretaries concerned may designate nominated areas as educational empowerment zones only during the 24-month period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretaries concerned shall not make any designation of a nominated area as an educational empowerment zone under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretaries concerned shall by regulation prescribe, and ``(ii) the Secretaries concerned determine that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is in Effect.--Any designation of an area as an educational empowerment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(1) December 31, 2008, ``(2) the termination date designated by the State and local governments in their nomination, or ``(3) the date the Secretaries concerned revoke such designation. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as an educational empowerment zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.--For purposes of paragraph (1), a nominated are meets the requirements of this paragraph if the State and the local governments in which it is located certify that the nominated area satisfies such conditions as the Secretary of Education deems appropriate. ``(4) Consideration of dropout rate, etc.--The Secretary of Education, in setting forth the conditions for eligibility pursuant to paragraph (3), shall take into account the extent to which an area has low-income families, a high dropout rate, a high rate of teen pregnancy, and large school class size. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as an educational empowerment zone, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (2), (3), (5), and (7) of section 1393 shall apply.''. (b) Clerical Amendment.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. Educational Empowerment Zones.''. SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified educational empowerment zone contributions made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a)-- ``(1) in the case of an individual, shall not exceed $2,000, and ``(2) in the case of any other taxpayer, shall not exceed $10,000. ``(c) Definition of Qualified Educational Empowerment Zone Contributions.--For purposes of this section, the term `qualified educational empowerment zone contributions' means cash contributions made to any school district located in an educational empowerment zone (as designated under section 1400E) if such contributions-- ``(1) but for subsection (d), would be allowable as a deduction under section 170, and ``(2) are used for any of the following purposes by the school district: ``(A) Hiring new teachers. ``(B) Increasing teacher salaries. ``(C) Training teachers. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution taken into account in computing the credit under this section. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(f) Application With Other Credits; Carryover of Excess Credit.-- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to school districts in educational empowerment zones.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ``(a) Purpose.--It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under Part D) for any new borrower after October 12, 1998, who-- ``(A) has been employed as a full-time teacher for 3 consecutive complete school years in a school that is located in an educational empowerment zone, as such term is defined in section 1400E of the Internal Revenue Code of 1986; ``(B) is a fully qualified teacher; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- ``(A) 80 percent of the sum of the principal amounts outstanding of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); ``(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ``(C) a total of more than $10,000. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repaying of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Double benefits prohibited.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ``(3) Fully qualified teachers.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- ``(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ``(B) if teaching in-- ``(i) an elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous State or local academic subject areas test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ``(2) Competitive basis.--The grant or contract described in subsection (b) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ``(B) determine the number of individuals who remain employed in teaching mathematics, science, or related fields as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program; and ``(E) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2008.''.

Educational Empowerment Act - Amends the Internal Revenue Code to allow for the creation of up to 30 tax-qualified educational empowerment zones in certain low-income areas. Allows a tax credit for contributions to such educational empowerment zones for hiring new teachers, increasing teacher salaries, and training teachers. Establishes a teacher loan forgiveness program for certain certified elementary, middle, or secondary school teachers (e.g., writing, mathematics, and science teachers) in educational empowerment zones.

To amend the Internal Revenue Code of 1986 to designate educational empowerment zones in certain low-income areas and to give a tax incentive to attract teachers to work in such areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2011''. SEC. 2. MODERNIZATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales and Transactions of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended-- (1) in section (a), by striking ``either, or both,'' and inserting ``any one or more''; (2) in subsection (a)(1), by striking ``by such person'' and all that follows and inserting ``(which are sent outside the State for approval or rejection) or customers by such person, or his representative, in such State for sales or transactions, which are-- ``(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and ``(B) in the case of all other forms of property, services, and other transactions, fulfilled or distributed from a point outside the State;''; (3) in subsection (a)(2), by striking the period at the end and inserting a semicolon; (4) in subsection (a), by adding at the end the following new paragraphs: ``(3) the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State by such person, or his representative, which information is used or disseminated from a point outside the State; and ``(4) those business activities directly related to such person's potential or actual purchase of goods or services within the State if the final decision to purchase is made outside the State.''; (5) by striking subsection (c) and inserting the following new subsection: ``(c) For purposes of subsection (a) of this section, a person shall not be considered to have engaged in business activities within a State during any taxable year merely-- ``(1) by reason of sales or transactions in such State, the solicitation of orders for sales or transactions in such State, the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State, on behalf of such person by one or more independent contractors; ``(2) by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State are limited to making sales or fulfilling transactions, soliciting order for sales or transactions, the furnishing of information to customers or affiliates, and/or the coverage of events or other gathering of information; or ``(3) by reason of the furnishing of information to an independent contractor by such person ancillary to the solicitation of orders or transactions by the independent contractor on behalf of such person.''; and (6) in subsection (d)(1)-- (A) by inserting ``or fulfilling transactions'' after ``selling''; and (B) by striking ``the sale of, tangible personal property'' and inserting ``a sale or transaction, furnishing information, or covering events, or otherwise gathering information''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended by adding at the end the following: ``Sec. 105. For taxable periods beginning on or after January 1, 2012, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 5(a)(2) of the Business Activity Tax Simplification Act of 2011. A State or political subdivision thereof may not assess or collect any tax which by reason of this section the State or political subdivision may not impose.''. SEC. 3. MINIMUM JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.-- (1) In general.--For purposes of subsection (a), a person has a physical presence in a State only if such person's business activities in the State include any of the following during such person's taxable year: (A) Being an individual physically in the State, or assigning one or more employees to be in the State. (B) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (C) The leasing or owning of tangible personal property or of real property in the State. (2) De minimis physical presence.--For purposes of this section, the term ``physical presence'' shall not include-- (A) presence in a State for less than 15 days in a taxable year (or a greater number of days if provided by State law); or (B) presence in a State to conduct limited or transient business activity. (c) Taxable Periods Not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Minimum Jurisdictional Standard.--This section provides for minimum jurisdictional standards and shall not be construed to modify, affect, or supersede the authority of a State or any other provision of Federal law allowing persons to conduct greater activities without the imposition of tax jurisdiction. (e) Exceptions.-- (1) Domestic business entities and individuals domiciled in, or residents of, the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State (or domiciled in the State) in which the tax is imposed; or (B) an individual who is domiciled in, or a resident of, the State in which the tax is imposed. (2) Taxation of partners and similar persons.--This section shall not be construed to modify or affect any State business activity tax liability of an owner or beneficiary of an entity that is a partnership, an S corporation (as defined in section 1361 of the Internal Revenue Code of 1986), a limited liability company (classified as a partnership for Federal income tax purposes), a trust, an estate, or any other similar entity, if the entity has a physical presence in the State in which the tax is imposed. (3) Preservation of authority.--This section shall not be construed to modify, affect, or supersede the authority of a State to enact a law and bring an enforcement action under such law or existing law against a person or persons or an entity or entities, including but not limited to related persons or entities, that is or are engaged in an illegal activity, a sham transaction, or an actual abuse in its or their business activities in order to ensure a proper reflection of its or their tax liabilities, nor shall it supersede the authority of a State to require combined reporting. SEC. 4. GROUP RETURNS. If, in computing the net income tax or other business activity tax liability of a person for a taxable year, the net income or other economic results of affiliated persons is taken into account, the portion of such combined or consolidated net income or other economic results that may be subject to tax by the State shall be computed using the methodology that is generally applicable to businesses conducting similar business activities and, if that generally applicable methodology employs an apportionment formula, the denominator or denominators of that formula shall include the aggregate factors of all persons whose net income or other economic results are included in such combined or consolidated net income or other economic results and the numerator or numerators shall include the factors attributable to the state of only those persons that are themselves subject to taxation by the State pursuant to the provisions of this Act and subject to all other legal constraints on State taxation of interstate or foreign commerce. SEC. 5. DEFINITIONS AND EFFECTIVE DATE. (a) Definitions.--For purposes of this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) In general.--The term ``other business activity tax'' means any tax in the nature of a net income tax or tax measured by the amount of, or economic results of, business or related activity conducted in the State. (B) Exclusion.--The term ``other business activity tax'' does not include a sales tax, a use tax, or a similar transaction tax, imposed on the sale or acquisition of goods or services, whether or not denominated a tax imposed on the privilege of doing business. (3) Person.--The term ``person'' has the meaning given such term by section 1 of title 1 of the United States Code. Each corporation that is a member of a group of affiliated corporations, whether unitary or not, is itself a separate ``person.'' (4) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision of any of the foregoing. (5) Tangible personal property.--For purposes of section 3(b)(1)(C), the leasing or owning of tangible personal property does not include the leasing or licensing of computer software. (b) Effective Date.--This Act shall apply with respect to taxable periods beginning on or after January 1, 2012.

Business Activity Tax Simplification Act of 2011 - Expands the prohibition against state taxation of interstate commerce to include: (1) taxation of out-of-state sales transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) all other business activity taxes in addition to net income taxes. Exempts from state taxation persons who enter a state merely to furnish information to customers and affiliates, to cover news or other events, or to gather information in the state. Sets forth jurisdictional standards for states in imposing, assessing, or collecting a net income tax or other business activity tax on interstate activities.  Defines "physical presence in a state" as: (1) being an individual physically in a state or assigning one or more employees to be in a state, (2) using the services of an agent to establish or maintain the market in a state, and (3) leasing or owning tangible personal or real property in a state (excluding the leasing or licensing of computer software).  Excludes from the definition of "physical presence" presence in a state for less than 15 days in a taxable year or presence in a state to conduct limited or transient business activity. Provides that this Act shall not be construed to modify or affect any state business activity tax on a partnership, an S corporation or limited liability company, or a trust or estate that has a physical presence in the state or to supersede the authority of a state to enact a law or bring a law enforcement action against persons or entities engaged in illegal activity or sham transactions. Sets forth a rule for computing the net income tax or other business activity tax liability of an affiliated group. Makes this Act applicable to taxable periods beginning on or after January 1, 2012.

To regulate certain State taxation of interstate commerce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospitals Education Equity and Research (CHEER) Act of 2004''. SEC. 2. REAUTHORIZATION OF CHILDREN'S HOSPITALS GRADUATE MEDICAL EDUCATION PROGRAM. (a) Extension of Program.--Section 340E(a) of the Public Health Service Act (42 U.S.C. 256e(a)) is amended by striking ``2005'' and inserting ``2010''. (b) Description of Amount of Payments.--Section 340E(b) of the Public Health Service Act (42 U.S.C. 256e(b)) is amended-- (1) in paragraph (1)(B), by striking ``relating to teaching residents in such'' and inserting ``associated with graduate medical residency training''; and (2) in paragraph (2)(A), by inserting before the period at the end ``, except that for purposes of this paragraph such total excludes amounts that remain available from a previous fiscal year under paragraph (1)(B) or (2)(B) of subsection (f)''. (c) Direct Graduate Medical Education.--Section 340E(c) of the Public Health Service Act (42 U.S.C. 256e(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``product'' and inserting ``sum''; (B) in subparagraph (A), by striking ``(A) the updated per resident'' and inserting the following: ``(A) the product of-- ``(i) the updated per resident''; (C) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (D) in subparagraph (A)(ii) (as so redesignated)-- (i) by inserting ``, but without giving effect to section 1886(h)(7) of such Act)'' after ``section 1886(h)(4) of the Social Security Act''; and (ii) by striking the period and inserting ``; and''; and (E) by inserting after subparagraph (A) the following: ``(B) amounts for other approved education programs that are provider-operated, as defined for purposes of Medicare payment, limited to not more than 30 percent of costs that would be allowed for such programs under Medicare rules for hospitals reimbursed under section 1886(d) of the Social Security Act.''; and (2) in paragraph (2)(B), by inserting before the period at the end ``, without giving effect to section 1886(d)(3)(E)(ii) of the Social Security Act''. (d) Indirect Graduate Medical Education.--Section 340E(d) of the Public Health Service Act (42 U.S.C. 256e(d)) is amended-- (1) in paragraph (1), by striking ``related to'' and inserting ``associated with''; and (2) in paragraph (2)(A)-- (A) by inserting ``ratio of the'' after ``hospitals and the''; and (B) by inserting at the end before the semicolon ``to beds (but excluding beds or bassinets assigned to healthy newborn infants)''. (e) Nature of Payments.--Section 340E(e) of the Public Health Service Act (42 U.S.C. 256e(e)) is amended-- (1) in paragraph (2), by striking the first sentence; (2) in paragraph (3), by striking ``recoup any overpayments made to pay any balance due to the extent possible'' and all that follows through the end of the paragraph and inserting the following: ``recoup any overpayments made and pay any balance due. To the greatest extent possible, amounts recouped from a hospital are to be distributed to other hospitals in the same fiscal year. Amounts recouped from a hospital and not disbursed to other hospitals in the same fiscal year shall remain available for distribution during the subsequent fiscal year. Unless there is fraud, amounts paid to a hospital without a demand for recoupment by the end of the fiscal year shall be final and not subject to recoupment.''; and (3) by adding at the end the following: ``(4) Appeals.-- ``(A) In general.--A decision affecting the amount payable to a hospital pursuant to this section shall-- ``(i) be subject to review under section 1878 of the Social Security Act in the same manner as final determinations of a fiscal intermediary of the amount of payment under section 1886(d) of such Act are subject to review; and ``(ii) be handled expeditiously so that the review decision is reflected in the final reconciliation for the year in which the appeal is made. ``(B) Limitation.--A review decision pursuant to this section shall not affect payments for a fiscal year prior to the fiscal year in which the review decision is rendered. ``(C) Application to subsequent fiscal years.--The Secretary shall apply a review decision in determining the amount of payment for the appealing hospital in the fiscal year in which the decision is rendered and in subsequent years, unless the law at issue in the review decision is amended or there are material differences between the facts for the fiscal year for which the review decision is rendered and the year for which payment is made. Nothing in this section shall be construed to prohibit a hospital from appealing similar determinations in subsequent periods.''. (f) Authorization of Appropriations.--Section 340E(f) of the Public Health Service Act (42 U.S.C. 256e(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) in clause (ii), by striking ``and''; (ii) in clause (iii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(iv) for fiscal year 2006, $110,000,000; and ``(v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index.''; and (B) in subparagraph (B), by striking ``for fiscal year 2000'' and all that follows and inserting ``for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation for the year appropriated and the subsequent fiscal year.''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (B) by striking ``There are hereby authorized'' and inserting the following: ``(A) In general.--There are authorized''; (C) in clause (ii) (as redesignated by this paragraph), by striking ``and''; (D) in clause (iii) (as redesignated by this paragraph), by striking the period at the end and inserting a semicolon; (E) by adding at the end of subparagraph (A) (as designated by this paragraph), the following: ``(iv) for fiscal year 2006, $220,000,000; and ``(v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index.''; and (F) at the end of paragraph (2), by adding the following: ``(B) Carryover of excess.--To the extent that amounts are not expended in the year for which they are appropriated, the amounts appropriated under subparagraph (A) for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation through the end of the following fiscal year.''. (g) Definitions.--Paragraph (3) of section 340E(g) of the Public Health Service Act (42 U.S.C. 256e(g)) is amended by striking ``has'' and all that follows through the end of the sentence and inserting ``-- ``(A) has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act; and ``(B) includes costs of approved educational activities, as such term is used in section 1886(a)(4) of the Social Security Act.''.

Children's Hospitals Education Equity and Research (CHEER) Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for costs associated with operating approved graduate medical resident training programs.

To reauthorize the Children's Hospitals Graduate Medical Education Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meth Free Families and Communities Act''. SEC. 2. ENHANCING HEALTH CARE PROVIDER AWARENESS OF METHAMPHETAMINE ADDICTION. Section 507(b) of the Public Health Service Act (42 U.S.C. 290bb(b)) is amended-- (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (2) by inserting after paragraph (12) the following: ``(13) collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to-- ``(A) recognize the signs of a substance abuse disorder; and ``(B) apply evidence-based practices for screening and treating individuals with or at-risk for developing an addiction, including addiction to methamphetamine or other drugs;''. SEC. 3. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``postpartum women treatment for substance abuse'' and inserting ``parenting women treatment for substance abuse (including treatment for addiction to methamphetamine)''; (B) in paragraph (1), by striking ``reside in'' and inserting ``reside in or receive outpatient treatment services from''; and (C) in paragraph (2), by striking ``reside with the women in'' and inserting ``reside with the women in, or receive outpatient treatment services from,''; (2) in subsection (d), by amending paragraph (2) to read as follows: ``(2) Referrals for necessary hospital and dental services.''; (3) by amending subsection (h) to read as follows: ``(h) Accessibility of Program.--A funding agreement for an award under subsection (a) for an applicant is that the program operated pursuant to such subsection will be accessible to-- ``(1) pregnant and parenting women in low-income households; and ``(2) pregnant and parenting women in health disparity populations.''; (4) by amending subsection (m) to read as follows: ``(m) Allocation of Awards.--In making awards under subsection (a), the Director shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Director to have a shortage of family-based substance abuse treatment options; and ``(2) is determined by the Director to have high rates of addiction to methamphetamine or other drugs.''; (5) in subsection (p)-- (A) by striking ``October 1, 1994'' and inserting ``October 1, 2009''; (B) by inserting ``In submitting reports under this subsection, the Director may use data collected under this section or other provisions of law.'' after ``biennial report under section 501(k).''; and (C) by striking ``Each report under this subsection shall include'' and all that follows and inserting ``Each report under this subsection shall, with respect to the period for which the report is prepared, include the following: ``(1) A summary of any evaluations conducted under subsection (o). ``(2) Data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse under programs carried out pursuant to this section. Such data shall include, but not be limited to, the number of pregnant and parenting women in need of, but not receiving, treatment for methamphetamine abuse under such programs, disaggregated by State and tribe. ``(3) Data on recovery and relapse rates of women receiving treatment for substance abuse under programs carried out pursuant to this section, including data disaggregated with respect to treatment for methamphetamine abuse.''; (6) by redesignating subsections (q) and (r) as subsections (r) and (s), respectively; (7) by inserting after subsection (p) the following: ``(q) Methamphetamine Addiction.--In carrying out this section, the Director shall expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs.''; (8) in subsection (r) (as so redesignated)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) The term `health disparity population' means a population in which there is a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in the population as compared to the health status of the general population.''; and (9) in subsection (s) (as so redesignated), by striking ``such sums as may be necessary to fiscal years 2001 through 2003'' and inserting ``$20,000,000 for fiscal year 2009, $21,000,000 for fiscal year 2010, $22,050,000 for fiscal year 2011, $23,152,500 for fiscal year 2012, and $24,310,125 for fiscal year 2013''. SEC. 4. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE. Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb- 21(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: ``(11) develop a clearinghouse that provides information and educational materials to employers and employees about drug testing policies and programs; and''. SEC. 5. STUDENT-DRIVEN METHAMPHETAMINE AWARENESS PROJECT. Section 519E(c)(1) of the Public Health Service Act (42 U.S.C. 290bb-25e(c)(1)) is amended-- (1) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) to develop, with the guidance of adult mentors and professionals, a student-driven methamphetamine awareness project such as a public service announcement or a television, radio, or print advertisement;''. Passed the House of Representatives September 25, 2008. Attest: LORRAINE C. MILLER, Clerk.

Meth Free Families and Communities Act - (Sec. 2) Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment to collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to: (1) recognize the signs of a substance abuse disorder; and (2) apply evidence-based practices for screening and treating individuals with, or at-risk for developing, an addiction. (Sec. 3) Revises provisions governing a grant program for substance abuse residential treatment for pregnant and parenting women (currently, for postpartum women) to: (1) include treatment for addiction to methamphetamine, outpatient treatment services, and referrals for dental services; and (2) require programs to be accessible to pregnant and parenting women in low-income households and in health disparity populations. Requires the Director to give grant priority to a program serving an area that: (1) is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; and (2) has high rates of addiction to methamphetamine or other drugs. Requires the Director to: (1) include in biennial reports to Congress data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse and on recovery and relapse rates of women receiving such treatment; and (2) expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs. Reauthorizes appropriations for FY2009-FY2013 for the substance abuse program. (Sec. 4) Requires the Director of the Office for Substance Abuse Prevention to develop a clearinghouse that provides information and educational materials to employers and employees about drug testing policies and programs. (Sec. 5) Authorizes amounts made available for methamphetamine or inhalant prevention programs in schools and communities to be used to develop a student-driven methamphetamine awareness project.

To amend the Public Health Service Act to provide for the establishment of a drug-free workplace information clearinghouse, to support residential methamphetamine treatment programs for pregnant and parenting women, to improve the prevention and treatment of methamphetamine addiction, and for other purposes.

SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following: ``Sec. 3002b. Nonmailability of certain tobacco products ``(a) In General.--Cigarettes, smokeless tobacco, and roll-your- own-tobacco-- ``(1) are nonmailable matter; ``(2) shall not be-- ``(A) deposited in the mails; or ``(B) carried or delivered through the mails; and ``(3) shall be disposed of as the Postal Service directs. ``(b) Civil Penalty.-- ``(1) In general.--Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. ``(2) Hearings.-- ``(A) In general.--The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). ``(B) Penalty considerations.--In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider-- ``(i) the nature, circumstances, extent, and gravity of the violation; ``(ii) with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and ``(iii) such other matters as justice may require. ``(3) Civil actions to collect.--A civil action may, in accordance with section 409(g)(2), be brought in an appropriate district court of the United States to collect a civil penalty assessed under paragraph (2). ``(4) Disposition of amounts.--Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. ``(c) Detention of Mail for Temporary Periods.-- ``(1) In general.--In preparation for or during the pendency of proceedings under subsection (b), the Postal Service may, under the provisions of section 409(g)(2), apply to the district court in any district in which the defendant is found or in any district in which is sent or received any mail deposited in the mails allegedly in violation of subsection (a)(2)(A), for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure. ``(2) Requirements.-- ``(A) Court orders.--Upon a proper showing, the court shall enter an order which shall-- ``(i) remain in effect during the pendency of the statutory proceedings or any judicial review of such proceedings; and ``(ii) direct the detention by the postmaster, in any and all districts, of the defendant's incoming mail and outgoing mail, which is the subject of the proceedings under subsection (b). ``(B) Proof required.--A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under subsection (b). ``(3) Disposition of unrelated mail.--Mail detained under paragraph (2) shall-- ``(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and ``(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under subsection (b). ``(d) Definitions.--For purposes of this section-- ``(1) the terms `cigarette' and `roll-your-own-tobacco' have the meanings given them by section 5702 of the Internal Revenue Code of 1986; and ``(2) the term `smokeless tobacco' has the meaning given such term by section 2341 of title 18.''. (b) Administrative Subpoenas.--Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting ``3002b(b) or'' before ``3005(a)''. (c) Semiannual Reports.--Section 3013 of title 39, United States Code, is amended-- (1) in paragraph (1), by inserting ``3002b(b) or'' before ``3005''; and (2) in paragraph (3), by striking ``section 3007 of this title'' and inserting ``section 3002b(c) or section 3007, respectively,''. (d) Amendments to Tariff Act of 1930.--Section 583(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1583(c)(1)) is amended-- (1) by redesignating subparagraph (K) as subparagraph (L); and (2) by inserting after subparagraph (J) the following: ``(K) Cigarettes, smokeless tobacco, or roll-your- own tobacco (as those terms are defined in section 3002b of title 39, United States Code).''. (e) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following: ``3002b. Nonmailability of certain tobacco products.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2) Semiannual reports.--The amendments made by subsection (c) shall apply with respect to reports submitted for reporting periods (as referred to in section 3013 of title 39, United States Code) beginning with the reporting period in which occurs the 60th day after the date of the enactment of this Act. SEC. 2. TECHNICAL CORRECTION. (a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of title 39, United States Code, are amended by striking ``409(d)'' and inserting ``409(g)(2)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435).

Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation.

To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Congressional Hunger Fellows Act of 1997''. (b) Findings.--The Congress finds as follows: (1) There is a critical need for compassionate individuals who are committed to assisting people who suffer from hunger as well as a need for such individuals to initiate and administer solutions to the hunger problem. (2) Bill Emerson, the distinguished late Representative from the 8th District of Missouri, demonstrated his commitment to solving the problem of hunger in a bipartisan manner, his commitment to public service, and his great affection for the institution and the ideals of the United States Congress. (3) George T. (Mickey) Leland, the distinguished late Representative from the 18th District of Texas, demonstrated his compassion for those in need, his high regard for public service, and his lively exercise of political talents. (4) The special concern that Mr. Emerson and Mr. Leland demonstrated during their lives for the hungry and poor was an inspiration for others to work toward the goals of equality and justice for all. (5) These two outstanding leaders maintained a special bond of friendship regardless of political affiliation and worked together to encourage future leaders to recognize and provide service to others, and therefore it is especially appropriate to honor the memory of Mr. Emerson and Mr. Leland by creating a fellowship program to develop and train the future leaders of the United States to pursue careers in humanitarian service. SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES. (a) In General.--There is established as an independent entity of the executive branch of the United States Government, the Congressional Hunger Fellows Program (hereinafter in this Act referred to as the ``Program''). (b) Board of Trustees.--The Program shall be subject to the supervision and direction of a Board of Trustees. (1) Appointment.--The Board shall be composed of 7 voting members appointed under subparagraph (A) and 1 nonvoting ex officio member designated in subparagraph (B) as follows: (A) Voting members.--(i) The President in consultation with the Speaker of the House of Representatives and the minority leader, shall appoint 4 members. (ii) The President in consultation with the majority leader and the minority leader of the Senate shall appoint 2 members. (iii) The President in consultation with the Secretary of Agriculture shall appoint 1 member. (B) Nonvoting member.--The Executive Director of the Program shall serve as a nonvoting ex officio member. (2) Terms.--Members of the Board shall serve a term of 4 years. (3) Vacancy.-- (A) Authority of board.--A vacancy in the membership of the Board does not affect the power of the remaining members to carry out this Act. (B) Appointment of successors.--A vacancy in the membership of the Board shall be filled in the manner in which the original appointment was made. (C) Incomplete term.--If a member of the Board 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. (4) Chairperson.--As the first order of business of the first meeting of the Board, the members shall elect a Chairperson. (5) Compensation.-- (A) In general.--Subject to subparagraph (B), members of the Board may not receive compensation for service on the Board. (B) Travel.--Members of the Board may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Program. SEC. 3. PURPOSES; AUTHORITY OF PROGRAM. (a) Purposes.--The purposes of the Program are-- (1) to encourage future leaders of the United States-- (A) to pursue careers in humanitarian service; (B) to recognize the needs of people who are hungry and poor; and (C) to provide assistance and compassion for those in need; (2) to increase awareness of the importance of public service; and (3) to provide training and development opportunities for such leaders. (b) Authority.--The Program is authorized to develop such fellowships, activities, and services to carry out the purposes of this Act, including the fellowships described in subsection (c). (c) Fellowships.-- (1) In general.--The Program shall establish and develop the following fellowships: (A) The Bill Emerson Hunger Fellowship shall address domestic hunger and other humanitarian needs. (B) The Mickey Leland Hunger Fellowship shall address international hunger and other humanitarian needs. (2) Curriculum.--The fellowships established under paragraph (1) shall provide education and training to develop the skills and understanding of the fellows necessary to improve the humanitarian conditions and the lives of individuals who suffer from hunger, including-- (A) training in direct service to the hungry in conjunction with community based organizations through a program of field placement; and (B) experience in policy development through placement in a governmental entity or nonprofit organization. (3) Evaluation.--The Program shall from time to time conduct an evaluation of the fellowships under this Act. SEC. 4. TERMS OF FELLOWSHIPS. (a) Period of Fellowship.--An applicant selected under subsection (b) shall be awarded a fellowship for a period not to exceed 24 months. (b) Selection of Fellows.-- (1) In general.--A fellowship shall be awarded pursuant to a nationwide competition established by the Executive Director with the approval of a majority of the Board. The Executive Director shall establish the procedure for the competition process. (2) Qualification.--A successful applicant shall be an individual who has demonstrated-- (A) a desire to pursue a career in humanitarian service; and (B) outstanding potential for such a career. (3) Amount of award.--The Board shall determine the amount of an educational award and living allowance that a successful applicant will receive under a fellowship. (4) Recognition of fellowship receipt.-- (A) A recipient of a fellowship from the Bill Emerson Hunger Fellowship shall be known as an ``Emerson Fellow''. (B) A recipient of a fellowship from the Mickey Leland Hunger Fellowship shall be known as a ``Leland Fellow''. SEC. 5. TRUST FUND. (a) Establishment.--There is established the Congressional Hunger Fellows Trust Fund (hereinafter in this Act referred to as the ``Fund'') in the Treasury of the United States, consisting of amounts appropriated to the Fund under section 9, amounts credited to it under subsection (c), and amounts received under section 7(c)(2). (b) Investment of Funds.--The Secretary of the Treasury shall invest the full amount of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary in consultation with the Board, has a maturity suitable for the Fund. (c) Return on Investment.--Except as provided in section 6(a), the Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale or redemption of, obligations held in the Fund. SEC. 6. EXPENDITURES; AUDIT. (a) In General.--The Secretary of the Treasury shall transfer to the Program from the amounts described in section 5(c) and section 7(c)(2) such sums as the Board determines are necessary to enable the Program to carry out the provisions of this Act. (b) Limitation.--The Secretary of the Treasury may not transfer to the Program the amounts appropriated to the Fund under section 9. (c) Audit by GAO.-- (1) In general.--The Comptroller General of the United States shall conduct an annual audit of the accounts of the Program. (2) Books.--The Program shall make available to the Comptroller General all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Program and necessary to facilitate such audit. (3) Report to congress.--The Comptroller General shall submit a copy of the results of each such audit to the Congress. SEC. 7. STAFF; POWERS OF PROGRAM. (a) Executive Director.-- (1) In general.--The Board shall appoint an Executive Director of the Program who shall be a nonvoting member of the Board and who shall administer the Program. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. (2) Restriction.--The Executive Director may not serve as Chairperson of the Board. (3) Compensation.--The Executive Director shall be paid at a rate not to exceed the rate of basic pay payable for level GS-15 of the General Schedule. (b) Staff.-- (1) In general.--With the approval of a majority of the Board, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers necessary and appropriate to carry out the functions of the provisions of this Act. (2) Compensation.--An individual appointed under paragraph (1) shall be paid at a rate not to exceed the rate of basic pay payable for level GS-15 of the General Schedule. (c) Powers.--In order to carry out the provisions of this Act, the Program may perform the following functions: (1) Gifts.--The Program may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Program. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Fund and shall be available for disbursement upon order of the Board. (2) Experts and consultants.--The Program may procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (3) Contract authority.--The Program may contract with and compensate government and private agencies or persons without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (4) Other necessary expenditures.--The Program shall make such other expenditures which the Program considers necessary to carry out the provisions of this Act. SEC. 8. REPORT. Not later than December 31 of each year, the Board shall submit to Secretary of Agriculture and to Congress a report on the activities of the Program carried out during the previous fiscal year. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there is authorized to be appropriated $20,000,000.

Congressional Hunger Fellows Act of 1997 - Establishes as an independent entity within the executive branch the Congressional Hunger Fellows Program to award 12-month Bill Emerson Hunger Fellowships (addressing domestic hunger and other humanitarian needs) and Mickey Leland Hunger Fellowships (addressing international hunger and other humanitarian needs) to develop and train individuals for careers in humanitarian service. Establishes the Congressional Hunger Fellows Trust Fund for the deposit and receipt of Program funds. Authorizes appropriations.

Congressional Hunger Fellows Act of 1997

SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS ACCOMPANYING THE ARMED FORCES. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 211 the following new chapter: ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES ``Sec. ``3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the Armed Forces outside the United States. ``3262. Delivery to authorities of foreign countries. ``3263. Regulations. ``3264. Definitions for chapter. ``Sec. 3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the Armed Forces outside the United States ``(a) In General.--Whoever, while serving with, employed by, or accompanying the Armed Forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. ``(b) Concurrent Jurisdiction.--Nothing contained in this chapter deprives courts-martial, military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by courts-martial, military commissions, provost courts, or other military tribunals. ``(c) Action by Foreign Government.--No prosecution may be commenced under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General of the United States or the Deputy Attorney General of the United States (or a person acting in either such capacity), which function of approval shall not be delegated. ``(d) Arrests.-- ``(1) Law enforcement personnel.--The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest outside of the United States any person described in subsection (a) if there is probable cause to believe that such person engaged in conduct which constitutes a criminal offense under subsection (a). ``(2) Release to civilian law enforcement.--A person arrested under paragraph (1) shall be released to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to conduct referred to in such paragraph unless-- ``(A) such person is delivered to authorities of a foreign country under section 3262; or ``(B) such person has had charges brought against him or her under chapter 47 of title 10 for such conduct. ``Sec. 3262. Delivery to authorities of foreign countries ``(a) In General.--Any person designated and authorized under section 3261(d) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which the person is alleged to have engaged in conduct described in subsection (a) if-- ``(1) the appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) Determination by the Secretary.--The Secretary of Defense shall determine which officials of a foreign country constitute appropriate authorities for purposes of this section. ``Sec. 3263. Regulations ``The Secretary of Defense shall issue regulations governing the apprehension, detention, and removal of persons under this chapter. Such regulations shall be uniform throughout the Department of Defense. ``Sec. 3264. Definitions for chapter ``As used in this chapter-- ``(1) the term `Armed Forces' has the same meaning as in section 101(a)(4) of title 10; ``(2) a person is `employed by the Armed Forces outside of the United States' if the person-- ``(A) is employed as a civilian employee of the Department of Defense, as a Department of Defense contractor, or as an employee of a Department of Defense contractor; ``(B) is present or residing outside of the United States in connection with such employment; and ``(C) is not a national of the host nation; and ``(3) a person is `accompanying the Armed Forces outside of the United States' if the person-- ``(A) is a dependent of a member of the armed forces; ``(B) is a dependent of a civilian employee of the Department of Defense; ``(C) is residing with the member or civilian employee outside of the United States; and ``(D) is not a national of the host nation.'' (b) Clerical Amendment.--The table of chapters at the beginning of part II of title 18, United States Code, is amended by inserting after the item relating to chapter 211 the following: ``212. Criminal Offenses Committed Outside the United States 3261''. SEC. 2. MILITARY JUSTICE ACTIONS. (a) Definition.--For purposes of this section, the term ``Director'' means the Director of the Federal Bureau of Investigation. (b) Records of Military Justice Actions.--At the time that a member of the Armed Forces is discharged from a period of service in the Armed Forces or is released from a period of active duty service in the Armed Forces, the Secretary of the military department having jurisdiction of the armed force of the member shall transmit to the Director a copy of records of any penal actions taken against the member under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), during that period. (c) DNA Analysis.-- (1) Samples required.--Any person who is convicted of a crime of a sexual nature under the Uniform Code of Military Justice shall, prior to military discharge, transmit to the Secretary of the military department having jurisdiction of the armed force of the member, a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis consistent with established procedures for DNA testing by the Director. (2) Transmission to fbi.--Each sample transmitted under paragraph (1) shall be transmitted by the Secretary described in that paragraph in a timely manner to the Director for inclusion in the Combined DNA Identification System (CODIS) of the Federal Bureau of Investigation.

Amends the Federal criminal code to provide that whoever, while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than one year if such conduct had occurred within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. Sets forth provisions regarding concurrent jurisdiction, action by foreign governments, and arrests. Authorizes the delivery to authorities of foreign countries of persons alleged to have engaged in such conduct under specified circumstances. Directs the Secretary of the military department having jurisdiction of the armed force of a member, at the time such member is discharged or released, to transmit to the Director of the Federal Bureau of Investigation (FBI) a copy of records of any penal actions taken against the member under the Uniform Code of Military Justice. Requires: (1) any person convicted of a crime of a sexual nature under the Code, prior to military discharge, to transmit to such Secretary a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis; and (2) each sample to be transmitted in a timely manner to the Director for inclusion in the FBI's Combined DNA Identification System.

A bill to amend title 18, United States Code, to set forth the civil jurisdiction of the United States for crimes committed by persons accompanying the Armed Forces outside of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Opportunity Act''. SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM. (a) In General.--Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended-- (1) by redesignating section 1141 as section 1142; and (2) by inserting after section 1140 the following: ``SEC. 1141. BUREAU FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT PROGRAMS. ``(a) Program Authorized.-- ``(1) Bureau disbursements.--At the request of Tribes, the Secretary of the Interior shall, for the 2018-2019 school year and each subsequent school year, disburse not more than 90 percent of the amounts made available under sections 1127 and 1130 for the school year to such Tribes that administer education savings account programs to enable the Tribes to award grants to education savings accounts for ESA eligible students for such school year, in accordance with subsection (b). ``(2) Applicability.--This section shall apply with respect to ESA eligible students who have submitted their application for participation under this section to the Tribe of which the student is an enrolled member on or after January 1, 2018. ``(3) Account administration.-- ``(A) In general.--A Tribe may enter into an agreement with a nonprofit entity for the administration of the accounts created through the Tribe's education savings account program. ``(B) Nonprofit entity defined.--In this paragraph, the term `nonprofit entity' means an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(4) Use of funds.--Funds disbursed to a Tribe under this section may be used for-- ``(A) private school tuition and fees; ``(B) textbooks, curriculum, and instructional materials; ``(C) academic, Native language, or cultural tutoring; ``(D) educational services and therapies for students with special needs; ``(E) tuition and fees for a non-public online learning program; ``(F) educational technology; ``(G) examination fees; or ``(H) transportation to and from a school not to exceed $2,000 per year, per ESA eligible student. ``(b) Disbursements.-- ``(1) Amount.--The amount disbursed by the Secretary of the Interior under subsection (a) to a Tribe shall be, with respect to each ESA eligible student for which the Tribe awards a grant under this section for a school year, the lesser of-- ``(A) the amount of the grant provided by the Tribe to the education savings account of the ESA eligible student for the applicable school year; and ``(B) 90 percent of the amount that the Secretary would provide to a Bureau-funded school on behalf of such student for the applicable school year under sections 1127 and 1130. ``(2) Quarterly disbursements.--A Tribe that receives a disbursement amount under subsection (a) shall make quarterly grant distributions of such amount to education savings accounts for ESA eligible students. ``(3) Limitation.--A Tribe shall allocate not more than 15 percent of the amount received per pupil under this section to the administration of the education savings account programs of the Tribe. ``(4) Roll over and remaining funds in an account.--Not more than 50 percent of an ESA eligible student's total grant amount for a school year made under this section may roll over for use to the following school year. ``(c) Effect on Allotments.--For purposes of any calculation regarding the total number of eligible Indian students under section 1127, the Secretary shall include all ESA eligible students who participate in an education savings account program under this section. ``(d) Rule of Construction.--A grant awarded to an ESA eligible student under this section shall be considered assistance to the student and shall not be considered assistance to a school that enrolls the ESA eligible student or any other educational service provider from which the ESA eligible student receives services. ``(e) Definitions.--In this section: ``(1) ESA eligible student.-- ``(A) In general.--The term `ESA eligible student' means an individual who-- ``(i) is-- ``(I) an elementary school or secondary school student who attended a Bureau-funded school in the semester preceding the date on which the student first applies for participation in an education savings account program; or ``(II) a child who will be eligible to attend a Bureau-funded school for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for participation in an education savings account program; ``(ii) will not be attending a Bureau- funded school, receiving an education savings account from another Tribe, or attending a public elementary school or secondary school, while the student is participating in an education savings account program of a Tribe; and ``(iii) meets any eligibility requirements of the education savings account program of the Tribe in which the student applies to participate. ``(B) Period of eligibility.--A student who meets the requirements of clauses (i) and (iii) of subparagraph (A) for a school year and who was an enrolled member of the Tribe to which the student submitted an application for participation in the education savings account program of the Tribe at the time of submitting the application to the Tribe shall be deemed to meet the requirements of such clauses until the date on which the student graduates high school or reaches the age of 21 years, whichever occurs first. ``(2) Education savings account program.--The term `education savings account program' means a program administered by a Tribe in which the Tribe awards a grant to an account controlled by a parent of an elementary school or secondary school student from which the parent may purchase goods and services needed for the education of the student. ``(3) Parent.--The term `parent' means a parent, guardian, custodian, or other person with the authority to act on behalf of an ESA eligible student. ``(4) Tribe.--The term `Tribe' means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (25 U.S.C. 5131).''. (b) Conforming Amendment.--Section 1126(c) of the Education Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ``section 1141(12)'' and inserting ``section 1142(12)''. (c) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a review of the implementation of the amendments made by this Act during the preceding 3-year period, including any factors impacting increased participation in education savings account programs established pursuant to the amendments made by this Act; (2) submit a report describing the results of the review under paragraph (1) to-- (A) the Committee on Indian Affairs of the Senate; and (B) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and (3) publish the report under paragraph (2).

Native American Education Opportunity Act This bill amends the Education Amendments of 1978 to require the Bureau of Indian Affairs (BIA), at the request of a federally recognized Indian tribe, to  provide funds for tribal education savings account programs to make grants to education savings accounts for students who: (1) attended or will be eligible to attend a BIA-funded school; (2) will not be attending a BIA-funded school, receiving an education savings account from another tribe, or attending public elementary or secondary school while participating in the program; and (3) meet program eligibility requirements. Funds may be used for: private school tuition and fees; textbooks, curriculum, and instructional materials; academic, Native language, or cultural tutoring; educational services and therapies for students with special needs; tuition and fees for a private online learning program; educational technology; examination fees; or transportation to and from school. Three years after this bill's enactment, the Government Accountability Office must review the implementation of the bill, including any factors impacting increased participation in education savings account programs.

Native American Education Opportunity Act

SECTION 1. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION CONVERSIONS. (a) In General.--Part I of subchapter S of chapter 1 of the Internal Revenue Code of 1986 (relating to tax treatment of S corporations and their shareholders) is amended by adding at the end the following new section: ``SEC. 1364. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION CONVERSIONS. ``(a) In General.--A qualified electing S corporation may elect the special tax treatment provided in subsection (b) for an eligible corporate conversion in the manner set forth in subsection (e). ``(b) Special Tax Treatment.-- ``(1) Transfers to partnership.--In the case of transfers by a qualified electing S corporation to a partnership in connection with an eligible corporate conversion, no gain or loss shall be recognized by shareholders of such corporation with respect to money or property received by the partnership. ``(2) Other transfers.--All other distributions of money or property by the qualified electing S corporation shall be treated as a distribution in part or full payment in exchange for the stock of such corporation. ``(c) Qualified Electing S Corporation.--For purposes of this section, the term `qualified electing S corporation' means a domestic corporation which-- ``(1) has had a valid S election continuously in effect for the 10 taxable years of the corporation ending before the taxable year in which the election under this section is made, and ``(2) has never made an election under this section. ``(d) Eligible Corporate Conversion.--For purposes of this section-- ``(1) In general.--The term `eligible corporate conversion' means (however effected)-- ``(A) a transfer by a qualified electing S corporation of substantially all of its assets to a partnership (as defined in section 7701(a)(2)) for not less than 80 percent of the capital and profits of the partnership in any taxable year of the corporation ending on or before December 31, 2007, ``(B) the meeting of the requirement described in paragraph (2) by the partnership, and ``(C) the subsequent liquidation and dissolution of the qualified S corporation within the same taxable year as the transfer. ``(2) Continuity of business requirement.-- ``(A) In general.--The requirement described in this paragraph is met if the partnership described in paragraph (1)(A) either-- ``(i) maintains the continuity of the qualified electing S corporation's business for 5 consecutive taxable years following the year in which the corporate conversion occurs, or ``(ii) pays a corporate conversion recapture tax in the taxable year in which the failure to maintain such continuity first occurs. ``(B) Continuity of the qualified electing s corporation's business.--For purposes of subparagraph (A)(i), the term `continuity of the qualified electing S corporation's business' means, under all the facts and circumstances, either-- ``(i) the continuation of 1 or more of the S corporation's historic lines of business, or ``(ii) the use of a significant portion of the S corporation's historic business assets, whether or not such assets have a taxable basis, in the conduct of an active trade or business. ``(C) Corporate conversion recapture tax.--For purposes of subparagraph (A)(ii), the term `corporate conversion recapture tax' means-- ``(i) a recomputation of the tax under this subtitle of the partnership and the partners as if-- ``(I) the partnership were an S corporation, ``(II) the stock of such S corporation was owned in the same manner as the capital of the partnership, and ``(III) the S corporation were dissolved and its assets distributed to its shareholders in complete liquidation on the last day of the taxable year, multiplied by ``(ii) a fraction-- ``(I) the numerator of which is the excess (if any) of 5 over the number of complete taxable years in which the partnership maintains continuity of the qualified electing S corporation's business, and ``(II) the denominator of which is 5. ``(d) Basis Rules.--In the case of an eligible corporate conversion, property in the hands of the partnership shall have the same basis as in the hands of the qualified electing S corporation immediately prior to the eligible corporate conversion. ``(e) Method of Making Election.--In order to elect the special tax treatment provided in subsection (b) for an eligible corporate conversion, the qualified electing S corporation shall file a written election claiming such treatment with the timely-filed information return of the S corporation for the taxable year in which the eligible corporate conversion occurs.'' (b) Clerical Amendment.--The table of sections for such part I is amended by adding at the end the following new item: ``Sec. 1364. Election for special tax treatment of certain S corporation conversions.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Amends the Internal Revenue Code to authorize a qualified S corporation to make a one-time corporate conversion under special tax treatment which shall: (1) in the case of a transfer to partnership form result in no shareholder gain or loss recognition on transferred money or property; and (2) treat other money or property transfers as payment for such corporation's stock.Requires the partnership to maintain a five-year continuity of business in order to avoid a conversion recapture tax.

To amend the Internal Revenue Code of 1986 to provide an election for a special tax treatment of certain S corporation conversions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Payday Loan Consumer Protection Amendments of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Payday lending is a rapidly expanding form of high- cost, short-term credit that uses a borrower's personal check as collateral and targets individuals with limited access to affordable credit who are in desperate need of cash to meet immediate obligations. (2) Consumer group and regulatory studies indicate that the average annual percentage rate on payday loans nationally ranges from 390 percent to 780 percent for a 2-week loan and a typical customer has 8 to 12 loans per year at a single lender. (3) While State law has traditionally prohibited such high cost lending through usury limits, small loan interest caps and other restrictions, these laws have either been revised to exempt payday loan transactions, or payday lenders have affiliated with insured depository institutions to invoke the most favored lender principle under Federal law to circumvent interest rate regulation in State law. (4) Lending that fails to assess borrowers ability to repay, that requires consumers to write checks on insufficient funds, that encourages perpetual debt or default on other obligations, and that facilitates violations of State law, is an unacceptable banking practice for insured depository institutions that threatens the safety of the participating institution and the broader banking system. (b) Purpose.--It is the purpose of this Act to encourage fair lending practices by prohibiting insured depository institutions from engaging in any form of payday lending, by restricting the use of personal checks drawn on, or forms of withdrawals from, accounts at insured depository institutions for purposes of making payday loans. SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(x) Prohibition on Certain Unsafe and Unsound Banking Practices.-- ``(1) In general.--An insured depository institution may not-- ``(A) make any payday loan, either directly or indirectly; or ``(B) make any loan to any other lender for purposes of financing a payday loan or refinancing or extending any payday loan. ``(2) Payday loan defined.--For purposes of this subsection, the term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(A) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(B) a consumer's authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. SEC. 4. PROHIBITION ON CERTAIN UNSAFE AND UNSOUND LENDING PRACTICES. (a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Prohibition on Payday Loans Based on Checks Drawn on, or Authorized Withdrawals From, Insured Depository Institutions.-- ``(1) In general.--A creditor may not make a payday loan to any person if the creditor knows or has reasonable cause to believe that-- ``(A) the personal check or share draft the creditor receives from the person, in exchange for the loan, is drawn on an insured depository institution or insured credit union; or ``(B) the account the creditor receives permission from the person to debit, in exchange for the loan, is a transaction account or share draft account at an insured depository institution or an insured credit union. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Insured credit union.--The term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act. ``(B) Insured depository institution.--The term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act. ``(C) Payday loan defined.--The term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer's authorization to debit the consumer's transaction or share draft account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. (b) Clarification of Liability.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended by inserting after the penultimate sentence the following new sentence: ``Any creditor who violates section 128(e) with respect to any person shall be liable to such person under paragraphs (1), (2) and (3).''. (c) Federal Reserve Board Study of Advertising and Warning Labels for High-Interest Loans.-- (1) Study required.--The Board of Governors of the Federal Reserve System shall conduct a study to determine the most effective way to require-- (A) advertising of the finance charge and the annual percentage rate; and (B) the inclusion of a high-interest warning label, on all applications and contracts for credit (as defined in section 103 of the Truth in Lending Act) bearing interest at an annual percentage rate in excess of 36 percent. (2) Report to the congress.--The Board of Governors of the Federal Reserve System shall submit a report to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act containing the findings and conclusions of the Board with respect to the study required under subsection (a), together with such recommendations for legislative or administrative action as the Board may determines to be appropriate. SEC. 5. EFFECTIVE DATE. The requirements of this Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act and shall apply to payday loans initiated on or after such date and to an extension or renewal of a payday loan made on or after such date.

Federal Payday Loan Consumer Protection Amendments of 2006 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) making any payday loan, either directly or indirectly; or (2) making any loan to any other lender for purposes of financing, refinancing, or extending any payday loan. Amends the Truth in Lending Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, insured depository institutions.

To amend the Federal Deposit Insurance Act and the Truth in Lending Act to prohibit federally insured institutions from engaging in high-cost payday loans, to expand protections for consumers in connection with the making of such loans by uninsured entities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trauma Care Systems Planning and Development Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Federal Government and State governments have established a history of cooperation in the development, implementation, and monitoring of integrated, comprehensive systems for the provision of emergency medical services. (2) Trauma is the leading cause of death of Americans between the ages of 1 and 44 years and is the third leading cause of death in the general population of the United States. (3) In 1995, the total direct and indirect cost of traumatic injury in the United States was estimated at $260,000,000,000. (4) There are 40,000 fatalities and 5,000,000 nonfatal injuries each year from motor vehicle-related trauma, resulting in an aggregate annual cost of $230,000,000,000 in medical expenses, insurance, lost wages, and property damage. (5) Barriers to the receipt of prompt and appropriate emergency medical services exist in many areas of the United States. (6) The number of deaths from trauma can be reduced by improving the systems for the provision of emergency medical services in the United States. (7) Trauma care systems are an important part of the emergency preparedness system needed for homeland defense. SEC. 3. AMENDMENTS. (a) Establishment.--Section 1201 of the Public Health Service Act (42 U.S.C. 300d) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``, acting through the Administrator of the Health Resources and Services Administration,'' after ``Secretary''; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following: ``(3) collect, compile, and disseminate information on the achievements of, and problems experienced by, State and local agencies and private entities in providing trauma care and emergency medical services and, in so doing, give special consideration to the unique needs of rural areas;''; (D) in paragraph (4), as redesignated by subparagraph (B)-- (i) by inserting ``to enhance each State's capability to develop, implement, and sustain the trauma care component of each State's plan for the provision of emergency medical services'' after ``assistance''; and (ii) by striking ``and'' after the semicolon; (E) in paragraph (5), as redesignated by subparagraph (B), by striking the period at the end and inserting ``; and''; and (F) by adding at the end the following: ``(6) promote the collection and categorization of trauma data in a consistent and standardized manner.''; (2) in subsection (b), by inserting ``, acting through the Administrator of the Health Resources and Services Administration,'' after ``Secretary''; and (3) by striking subsection (c). (b) Clearinghouse on Trauma Care and Emergency Medical Services.-- The Public Health Service Act (42 U.S.C. 201 et seq.) is amended-- (1) by striking section 1202; and (2) by redesignating section 1203 as section 1202. (c) Establishment of Programs for Improving Trauma Care in Rural Areas.--Section 1202(a) of the Public Health Service Act, as such section was redesignated by subsection (b), is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``, such as advanced trauma life support,'' after ``model curricula''; (2) in paragraph (4), by striking ``and'' after the semicolon; (3) in paragraph (5), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(6) by increasing communication and coordination with State trauma systems.''. (d) Requirement of Matching Funds for Fiscal Years Subsequent to First Fiscal Year of Payments.--Section 1212 of the Public Health Service Act (42 U.S.C. 300d-12) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' after the semicolon; and (B) by striking subparagraph (B) and inserting the following: ``(B) for the third fiscal year of such payments to the State, not less than $1 for each $1 of Federal funds provided in such payments for such fiscal year; ``(C) for the fourth fiscal year of such payments to the State, not less than $2 for each $1 of Federal funds provided in such payments for such fiscal year; and ``(D) for the fifth fiscal year of such payments to the State, not less than $2 for each $1 of Federal funds provided in such payments for such fiscal year.''; and (2) in subsection (b)-- (A) in paragraph (1), by adding ``and'' after the semicolon; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (e) Requirements With Respect To Carrying Out Purpose of Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C. 300d-13) is amended-- (1) in subsection (a)-- (A) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``nationally recognized'' after ``contains''; (B) in paragraph (5), by inserting ``nationally recognized'' after ``contains''; (C) in paragraph (6), by striking ``specifies procedures for the evaluation of designated'' and inserting ``utilizes a program with procedures for the evaluation of''; (D) in paragraph (7)-- (i) in the matter preceding subparagraph (A), by inserting ``in accordance with data collection requirements developed in consultation with surgical, medical, and nursing specialty groups, State and local emergency medical services directors, and other trained professionals in trauma care'' after ``collection of data''; (ii) in subparagraph (A), by inserting ``and the number of deaths from trauma'' after ``trauma patients''; and (iii) in subparagraph (F), by inserting ``and the outcomes of such patients'' after ``for such transfer''; (E) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (F) by inserting after paragraph (9) the following: ``(10) coordinates planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning;''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``concerning such'' and inserting ``that outline resources for optimal care of the injured patient''; and (ii) in subparagraph (D), by striking ``1992'' and inserting ``2005''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``1991'' and inserting ``2005''; and (ii) in subparagraph (B), by striking ``1992'' and inserting ``2005''; and (3) in subsection (c), by striking ``1990, the Secretary shall develop a model plan'' and inserting ``2005, the Secretary shall update the model plan''. (f) Requirement of Submission to Secretary of Trauma Plan and Certain Information.--Section 1214(a) of the Public Health Service Act (42 U.S.C. 300d-14(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``1991'' and inserting ``2005''; and (B) by inserting ``that includes changes and improvements made and plans to address deficiencies identified'' after ``medical services''; and (2) in paragraph (2), by striking ``1991'' and inserting ``2005''. (g) Restrictions on Use of Payments.--Section 1215(a)(1) of the Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by striking the period at the end and inserting a semicolon. (h) Requirements of Reports by States.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and inserting the following: ``SEC. 1216. [RESERVED].''. (i) Report by the Secretary.--Section 1222 of the Public Health Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and inserting ``2007''. (j) Funding.--Section 1232(a) of the Public Health Service Act (42 U.S.C. 300d-32(a)) is amended to read as follows: ``(a) Authorization of Appropriations.--For the purpose of carrying out parts A and B, there are authorized to be appropriated $12,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.''. (k) Conforming Amendment.--Section 1232(b)(2) of the Public Health Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204'' and inserting ``1202''. (l) Institute of Medicine Study.--Part E of title XII of the Public Health Service Act (20 U.S.C. 300d-51 et seq.) is amended-- (1) by striking the part heading and inserting the following: ``Part E--Miscellaneous Programs''; and (2) by adding at the end the following: ``SEC. 1254. INSTITUTE OF MEDICINE STUDY. ``(a) In General.--The Secretary shall enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research. ``(b) Content.--The study conducted under subsection (a) shall-- ``(1) examine and evaluate the state of trauma care and trauma systems research (including the role of Federal entities in trauma research) on the date of enactment of this section, and identify trauma research priorities; ``(2) examine and evaluate the clinical effectiveness of trauma care and the impact of trauma care on patient outcomes, with special attention to high-risk groups, such as children, the elderly, and individuals in rural areas; ``(3) examine and evaluate trauma systems development and identify obstacles that prevent or hinder the effectiveness of trauma systems and trauma systems development; ``(4) examine and evaluate alternative strategies for the organization, financing, and delivery of trauma care within an overall systems approach; and ``(5) examine and evaluate the role of trauma systems and trauma centers in preparedness for mass casualties. ``(c) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report containing the results of the study conducted under this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2005 and 2006.''. (m) Residency Training Programs in Emergency Medicine.--Section 1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is amended by striking ``1993 through 1995'' and inserting ``2005 through 2009''. (n) State Grants for Projects Regarding Traumatic Brain Injury.-- Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended in the section heading by striking ``demonstration''. (o) Interagency Program for Trauma Research.--Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subsection (a), by striking ``conducting basic'' and all that follows through the period at the end of the second sentence and inserting ``basic and clinical research on trauma (in this section referred to as the `Program'), including the prevention, diagnosis, treatment, and rehabilitation of trauma- related injuries.''; (2) by striking subsection (b) and inserting the following: ``(b) Plan for Program.--The Director shall establish and implement a plan for carrying out the activities of the Program, taking into consideration the recommendations contained within the report of the NIH Trauma Research Task Force. The plan shall be periodically reviewed, and revised as appropriate.''; (3) in subsection (d)-- (A) in paragraph (4)(B), by striking ``acute head injury'' and inserting ``traumatic brain injury''; and (B) in subparagraph (D), by striking ``head'' and inserting ``traumatic''; (4) by striking subsection (g); (5) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (6) in subsection (h), as redesignated by paragraph (5), by striking ``2001 through 2005'' and inserting ``2005 through 2009''.

Trauma Care Systems Planning and Development Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to promote the collection and categorization of trauma data in a consistent and standardized manner. Removes authorization for the National Clearinghouse on Trauma Care and Emergency Medical Services. Allows the Secretary to make grants to entities to carry out demonstration projects to improve emergency medical services in rural areas by increasing communication and coordination with State trauma systems. Revises the matching requirements for States to be eligible for grants to improve emergency medical services in rural areas. Prohibits the Secretary from making trauma care grants to a State unless the State's emergency medical services plan coordinates planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning. Requires the Secretary to update the model plan for the designation of trauma centers and for triage, transfer, and transportation policies. Directs the Secretary to enter into a contract with the Institute of Medicine or another appropriate entity to conduct a study on trauma care and trauma systems research.

A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Reserve Heritage Areas Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE, OHIO. (a) Findings.--The Congress finds the following: (1) The area that encompasses the modern-day counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio with the rich history in what was once the Western Reserve, has made a unique contribution to the cultural, political and industrial development of the United States. (2) The Western Reserve is distinctive as the land settled by the people of Connecticut after the Revolutionary War. The Western Reserve holds a unique mark as the original wilderness land of the West that many settlers migrated to in order to begin life outside of the original 13 colonies. (3) The Western Reserve played a significant role in providing land to the people of Connecticut whose property and land was destroyed during the Revolution. These settlers were descendants of the brave immigrants who came to the Americas in the 17th century. (4) The Western Reserve offered a new destination for those who moved west in search of land and prosperity. The agricultural and industrial base that began in the Western Reserve still lives strong in these prosperous and historical counties. (5) The heritage of the Western Reserve remains transfixed in the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio. The people of these counties are proud of their heritage as shown through the unwavering attempts to preserve agricultural land and the industrial foundation that has been embedded in this region since the establishment of the Western Reserve. Throughout these counties, historical sites, and markers preserve the unique traditions and customs of its original heritage. (6) The counties that encompass the Western Reserve continue to maintain a strong connection to its historic past as seen through its preservation of its local heritage, including historic homes, buildings, and centers of public gatherings. (7) There is a need for assistance for the preservation and promotion of the significance of the Western Reserve as the natural, historic and cultural heritage of the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in Ohio. (8) The Department of the Interior is responsible for protecting the Nation's cultural and historical resources. There are significant examples of such resources within these counties and what was once the Western Reserve to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the State of Ohio and other local governmental entities, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Study.-- (1) In general.--The Secretary shall, in consultation with the State of Ohio, the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland, and other appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in these counties in Ohio. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; (H) has a conceptual boundary map that is supported by the public; and (I) has potential or actual impact on private property located within or abutting the Study Area. (c) Boundaries of the Study Area.--The Study Area shall be comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio. Passed the House of Representatives September 21, 2004. Attest: JEFF TRANDAHL, Clerk.

Western Reserve Heritage Areas Study Act - Requires the Secretary of the Interior to conduct a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in the Ohio counties of Trumbull, Mahoning, Ashtabula, Portage, Geague, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland.

To authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of establishing the Western Reserve Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements Act of 2017''. SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL HISTORY REVIEW PROGRAM. The National Child Protection Act of 1993 (34 U.S.C. 40101 et seq.) is amended-- (1) in section 3 (34 U.S.C. 40102)-- (A) by striking ``provider'' each place it appears and inserting ``covered individual''; (B) by striking ``provider's'' each place it appears and inserting ``covered individual's''; (C) by amending subsection (a)(3) to read as follows: ``(3)(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. ``(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.''; (D) in subsection (b)-- (i) in paragraph (1)(E), by striking ``unsupervised''; (ii) by striking paragraph (2) and inserting the following: ``(2)(A) that the State, or in a State that does not have in effect procedures described in subsection (a)(1), the designated entity, ensures that-- ``(i) each covered individual who is the subject of a background check under subsection (a) is entitled to obtain a copy of any background check report; ``(ii) each covered individual who is the subject of a background check under subsection (a) is provided a process by which the covered individual may appeal the results of the background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual; and ``(iii)(I) each covered individual described in clause (ii) is given notice of the opportunity to appeal; ``(II) each covered individual described in clause (ii) will receive instructions on how to complete the appeals process if the covered individual wishes to challenge the accuracy or completeness of the information contained in the background report of the covered individual; and ``(III) the appeals process is completed in a timely manner for each covered individual described in clause (ii); and ``(B) the State, or in a State that does not have in effect procedures described in subsection (a)(1), the designated entity, may allow for a review process-- ``(i) through which the State or designated entity, as the case may be, may determine that a covered individual who is the subject of a background check under subsection (a) is disqualified for a crime specified in subsection (f)(2)(C); and ``(ii) which shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);''; (iii) in paragraph (3), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable,''; and (iv) in paragraph (4), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable,''; (E) in subsection (d), by inserting after ``officer or employee thereof,'' the following: ``, nor shall any designated entity nor any officer or employee thereof,''; (F) by amending subsection (e) to read as follows: ``(e) Fees.-- ``(1) State program.--In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed the actual cost of the background check conducted with fingerprints. ``(2) Federal program.--In the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3), the fees collected by a designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. The designated entity shall remit the appropriate portion of such fee to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. ``(3) Ensuring fees do not discourage volunteers.--A fee system under this subsection shall be established in a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities. A fee charged to a qualified entity that is not organized under section 501(c)(3) of the Internal Revenue Code of 1986 may not be less than the total sum of the costs of the Federal Bureau of Investigation and the designated entity.''; and (G) by inserting after subsection (e) the following: ``(f) National Criminal History Background Check and Criminal History Review Program.-- ``(1) National criminal history background check.--Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database. ``(2) Criminal history review.-- ``(A) Designated entities.--The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in paragraph (2). The Attorney General may not designate and enter into an agreement with a Federal agency under this subparagraph. ``(B) Determinations.--A designated entity shall, upon the receipt of the information described in paragraph (1), make a determination of fitness described in subsection (b)(4), using the criteria described in subparagraph (C). ``(C) Criminal history review criteria.--A covered individual may be determined to be unfit under subsection (b)(4) if the covered individual-- ``(i) refuses to consent to a criminal background check under this section; ``(ii) knowingly makes a materially false statement in connection with a criminal background check under this section; ``(iii) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20901 et seq.); ``(iv) has been convicted of a felony consisting of-- ``(I) murder, as described in section 1111 of title 18, United States Code; ``(II) child abuse or neglect; ``(III) a crime against children, including child pornography; ``(IV) spousal abuse; ``(V) a crime involving rape or sexual assault; ``(VI) kidnapping; ``(VII) arson; ``(VIII) physical assault or battery; or ``(IX) a drug-related offense committed during the preceding 5 years; ``(v) has been convicted of a violent misdemeanor committed as an adult against a child, including-- ``(I) child abuse; ``(II) child endangerment; ``(III) sexual assault; or ``(IV) of a misdemeanor involving child pornography; or ``(vi) in the case of a covered individual who has, seeks to have, or may have access to the elderly or individuals with disabilities, has been convicted of any criminal offense relating to the abuse, exploitation, or neglect (as those terms are defined in section 2011 of the Social Security Act (42 U.S.C. 1397j)) of an elder or an individual with disabilities.''; and (2) in section 5 (34 U.S.C. 40104)-- (A) by amending paragraph (9) to read as follows: ``(9) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or ``(ii) owns or operates, or seeks to own or operate, a qualified entity;''; (B) in paragraph (10), by striking ``and'' at the end; (C) in paragraph (11), by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (11) the following: ``(12) the term `designated entity' means an entity designated by the Attorney General under section 3(f)(2)(A).''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall be fully implemented by not later than 1 year after the date of enactment of this Act. Passed the Senate October 16, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 705 _______________________________________________________________________ AN ACT To amend the National Child Protection Act of 1993 to establish a voluntary national criminal history background check system and criminal history review program for certain individuals who, related to their employment, have access to children, the elderly, or individuals with disabilities, and for other purposes.

Child Protection Improvements Act of 2017 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to establish a program to provide national criminal history background checks and criminal history reviews for individuals who apply to work or volunteer at organizations that serve children, elderly adults, or individuals with disabilities.

Child Protection Improvements Act of 2017

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Computer Equipment and Technology Export Control Reform Act''. SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(h) Review of Export Controls on Computer Equipment and Technology.-- ``(1) In general.--In order to ensure that requirements of validated licenses and other licenses authorizing multiple exports are periodically removed as computer equipment, computer communications and networking equipment, computer software, and related technology, that are subject to such requirements become obsolete with respect to the specific objectives of the export controls requiring such licenses, the Secretary shall conduct periodic reviews of such controls. The Secretary shall complete such a review not later than 6 months after the date of the enactment of this subsection, and not later than the end of each 1-year period thereafter. ``(2) Review elements.--In conducting each review under paragraph (1), the Secretary shall do the following with respect to the export controls requiring a license described in paragraph (1): ``(A) Objectives of control.--The Secretary shall identify the specific objectives of the export controls, for the 12-month period beginning on the date on which the review is completed, for each country for which a validated license is required. When an objective of an export control is to defer the development of a specific capability in such country, the Secretary shall specify for what period of time the controls are expected to defer such capability. ``(B) Quantity and performance.--The Secretary shall estimate, for the 12-month period described in subparagraph (A), the quantity and performance (measured in Composite Theoretical Performance or other relevant performance metrics) of computer systems that must be obtained by each country for which a validated license is required in order to defeat the objectives of the export controls. ``(C) Availability to controlled destinations.--The Secretary shall evaluate the effectiveness of the export controls in achieving their specific objectives, including explicit descriptions of the availability, during the 12-month period described in subparagraph (A), to controlled countries of computer equipment, computer communications and networking equipment, computer software, and related technology on which the export controls are in effect-- ``(i) from sources that do not control the export of such items, and from sources from which no effective export controls on such items exist; ``(ii) as a result of actual or potential diversion, including potential diversion of software over international computer or telephone networks; ``(iii) as a result of export license authorizations from countries other than the United States; ``(iv) as a result of indigenous production in controlled countries; and ``(v) as a result of United States regulations permitting exports to such countries of items with minimal United States content by value. ``(D) Economic impact.--The Secretary shall evaluate the economic impact, during the 12-month period described in subparagraph (A), of the export controls on exporting companies, including estimates of lost sales, loss in market share, and administrative overhead. ``(3) Increase in thresholds.--After completing each review under this subsection, the Secretary shall increase, if warranted by the findings of the review, the following export control thresholds, consistent with the obligations of the United States under bilateral and multilateral agreements: ``(A) The performance levels at which computer systems are eligible for delivery under a distribution license. ``(B) The performance levels at which computer systems may be shipped under a general license to countries other than controlled countries. ``(C) The performance levels defining a `supercomputer'. ``(D) The performance levels at which a validated license is required for the export to a controlled country of computer systems and peripherals, software, parts, and communications equipment normally supplied with such computer systems. In any recommendation or publication for such increase, the Secretary shall include the specific rationale for the increase. ``(4) Default provisions.--If on the date by which a review under this subsection must be completed, the review is not completed or a report on the review has not been transmitted to the Congress under paragraph (5), the performance levels described in paragraph (3) then in effect, stated in terms of Composite Theoretical Performance or other relevant performance metrics, shall double, effective 90 days from that date. No change in regulations or notice in the Federal Register shall be required to implement such increase in performance levels. ``(5) Report.--The Secretary shall transmit to the Congress and to the Computer Systems Technical Advisory Committee (or successor technical advisory committee) a report on the findings of each review conducted under this subsection, addressing each requirement set forth in paragraph (2). Within 60 days thereafter, the Computer Systems Technical Advisory Committee (or successor technical advisory committee) shall transmit to the Congress a concise statement specifying its concurrence or nonconcurrence with each matter contained in the Secretary's report, along with specific reasons for such concurrence or nonconcurrence. ``(6) Hearings.--The Secretary shall conduct public hearings not less than once each year in order to solicit information from all interested parties on all matters to be addressed in each review conducted under this subsection.''. SEC. 3. DE MINIMUS DECONTROL OF COMPUTER SYSTEMS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(i) Removal of Controls on Computer Systems Valued at Less Than $5,000.-- ``(1) In general.--No validated license shall be required under this Act for the export or reexport to any controlled country of any digital computer having a net value of less than $5,000. ``(2) Definition of net value.--As used in paragraph (1), the `net value' of a digital computer means the actual selling price of the computer, less transport charges, to the customer abroad, or the current market price of the computer to the same type of customer in the United States. ``(3) No quantity limit.--No limit may be placed under this Act on the number of computer systems to which paragraph (1) applies that may be exported or reexported at any one time or on the number of shipments of such computer systems to any controlled country or end-user in a controlled country.''. SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(j) Removal of Controls on Mass-Market Computer Equipment.-- ``(1) Mass-market computer equipment defined.--For purposes of this subsection, the term `mass-market computer equipment' means any computer system, computer networking equipment, peripheral to a computer system, part or subassembly of a computer system, or combination thereof, on which export controls are in effect under this Act, and which will have been installed for end-use outside the United States in a quantity exceeding 100,000 units over a 12-month period, as determined under paragraph (2). ``(2) Anticipatory review of mass-market computer equipment.--Not later than-- ``(A) 6 months after the date of the enactment of this subsection, and ``(B) the end of each 1-year period occurring thereafter, the Secretary shall, in consultation with the Computer Systems Technical Advisory Committee (or successor technical advisory committee), industry groups, and computer equipment producers, identify those items (including computer systems differentiated in terms of Composite Theoretical Performance) that will be installed for end-use outside the United States in a quantity exceeding 100,000 units during the 12-month period beginning on the applicable date described in subparagraph (A) or (B). Estimates of numbers of items installed shall be based on reliable estimates provided by producers of such items. ``(3) Action by the secretary.--Not later than 30 days after an item is determined by the Secretary under paragraph (2) to be mass-market computer equipment, the Secretary shall either-- ``(A) eliminate export controls on such equipment and publish a notice of such action in the Federal Register; or ``(B) in the case of an item controlled under the terms of an export control regime in which the United States participates with 1 or more other countries, propose the elimination of controls on such equipment in accordance with the procedures of the appropriate regime and publish a notice of such proposal in the Federal Register.''. SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(k) Identification of Proliferation Endusers.-- ``(1) Proliferation enduser defined.--For purposes of this subsection, the term `proliferation enduser' means any entity that is engaged, directly or indirectly, in the design, development, or production of nuclear, chemical, or biological weapons or missiles and is located in a country that is not party to a bilateral or multilateral agreement the purpose of which is to limit the spread of such weapons and activities and to which the United States is a party. ``(2) Publication of proliferation endusers.--The Secretary shall, within 10 days after communicating to any United States exporter (including by denying an export license to such exporter) that any entity has been identified as a proliferation enduser, publish in the Federal Register the name and specific validated license requirements for exports to such proliferation enduser. If such publication is not made, such entity shall be deemed not to be a proliferation enduser and exports or reexports to such entity shall not require an individual validated license solely because of activities described in paragraph (1).''.

Computer Equipment and Technology Export Control Reform Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to: (1) conduct annual reviews of export controls on computer equipment and technology; (2) increase certain export control thresholds if warranted by the review; and (3) report review findings to the Congress and the Computer Systems Technical Advisory Committee. Exempts from license requirements for export or reexport to any controlled country digital computers valued at less than $5,000. Directs the Secretary to: (1) identify specified items that will be installed for end-use outside the United States; and (2) publish in the Federal Register the name and specified license requirements for exports to a proliferation end-user (any entity engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles which is located in a country that is not party to an agreement, to which the United States is a party, to limit the spread of such weapons and activities).

Computer Equipment and Technology Export Control Reform Act

SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL. (a) Repeals.--Subsection (b) of section 241, sections 211 through 218 of Part B of title II, and section 316 of the Goals 2000: Educate America Act (20 U.S.C. 5841 et seq.) are repealed. (b) Amendments to Goals 2000: Educate America Act.-- (1) Section 201(3) of the Goals 2000: Educate America Act (20 U.S.C. 5812(3)) is amended by striking all that follows after ``opportunity-to-learn standards'' and inserting a period. (2) Section 203(a) of such Act (20 U.S.C. 5823(a)) is amended by striking paragraphs (3) and (4) and by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively. (3) Section 204(a)(2) of such Act (20 U.S.C. 5824) is amended by striking ``described in section 213(f)''. (4) Section 219 of such Act (20 U.S.C. 5849) is amended-- (A) in subsection (a)(1) by striking ``consistent with the provisions of section 213(c),''; and (B) by striking subsection (b) and inserting the following: ``(b) Applications.--Each consortium that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.''. (5) Section 220(a) of such Act (20 U.S.C. 5850(a)) is amended by striking ``to be used'' and all that follows through ``by the Council''. (6) Section 221(a) of such Act (20 U.S.C. 5851(a)) is amended-- (A) in paragraph (1)-- (i) subparagraph (A), by striking ``and the Council''; and (ii) striking subparagraph (B) and (C) and redesignating subparagraph (D) as subparagraph (B); and (B) in paragraph (2), by striking ``and the Council, as appropriate,''. (7) Section 308(b)(2)(A) of such Act (20 U.S.C. 5888(b)(2)(A)) is amended by striking ``including--'' and all that follows through the end of clause (ii) and inserting ``including through consortia of States''. (8) Section 314(a)(6) of such Act (20 U.S.C. 5894(a)(6)) is amended by striking ``, if--'' and all that follows through ``(B)'' and inserting ``if''. (9) Section 315 of such Act (20 U.S.C. 5895) is amended in subsection (b)-- (A) paragraph (1)(A), by striking ``paragraph (4) of this subsection'' and inserting ``paragraph (3)''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (D) in subparagraph (B) of paragraph (3) (as redesignated), by striking ``paragraph (5),'' and inserting ``paragraph (4),''; and (E) in paragraph (4) (as redesignated), by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (3)''. (c) National Skill Standards Act of 1994.-- (1) Section 503 of the National Skill Standards Act of 1994 (20 U.S.C. 5933) is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``28'' and inserting ``27''; (II) by striking subparagraph (D); and (III) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively; (ii) in paragraphs (2), (3), and (5), by striking ``subparagraphs (E), (F), and (G)'' each place it appears and inserting ``subparagraphs (D), (E), and (F)''; (iii) in paragraph (2), by striking ``subparagraph (G)'' and inserting ``subparagraph (F)''; (iv) in paragraph (4), by striking ``(C), and (D)'' and inserting ``and (C)''; and (v) in the matter preceding subparagraph (A) of paragraph (5), by striking ``subparagraph (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or (F)''; and (B) in subsection (c)-- (i) in paragraph (1)(B), by striking ``subparagraph (E)'' and inserting ``subparagraph (D)''; and (ii) in paragraph (2), by striking ``subparagraphs (E), (F), and (G)'' and inserting ``subparagraphs (D), (E), and (F)''. (2) Section 504 of such Act (20 U.S.C. 5934) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (d) Amendment to Elementary and Secondary Education Act of 1965.-- Section 14701(b)(1)(B)(v) of such the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8941(b)(1)(B)(v)) is amended-- (1) by inserting ``and'' before ``the National Education Goals Panel''; and (2) by striking ``, and the National Education Statistics and Improvement Council''. (d) Amendment to General Education Provisions Act.--Section 428 of the General Education Provisions Act (20 U.S.C. 1228b), as amended by section 237 of the Improving America's Schools Act of 1994 (Public Law 103-382), is amended by striking ``the National Education Standards and Improvement Council,''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II, by striking the items relating to sections 211 through 218 of part B of such title and the item relating to section 316. Passed the House of Representatives May 15, 1995. Attest: ROBIN H. CARLE, Clerk.

Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Terminates funding for the Council. Makes technical and conforming amendments to such Act, the National Skill Standards Act of 1994, the Elementary and Secondary Education Act of 1965, and the General Education Provisions Act.

To amend the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Abuse Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of older individuals in the United States who are abused, neglected, or exploited is increasing, and a large percentage of elder abuse cases are not reported to Federal and State law enforcement authorities. (2) The number of individuals in the United States aged 65 and older is projected to increase exponentially in the coming years, and many of these valued citizens will begin to constitute a vulnerable population at increased risk of abuse and exploitation in domestic and community-based settings. (3) The projected increase in the number of individuals in the United States aged 65 and over is expected to result in a corresponding increase in the number of cases of elder abuse, which suggests an urgent need for comprehensive consideration of means by which such abuse can be prevented, reported, and prosecuted by Federal and State authorities. (4) Violent, physical, and sexual assaults upon older individuals are particularly abhorrent and should be prosecuted vigorously by Federal and State law enforcement authorities. Such acts should be deterred by appropriate penalties including enhanced penalties and the elimination of parole for individuals convicted of violent sexual offenses against the elderly. SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST OLDER INDIVIDUALS OR FOR SEXUALLY VIOLENT PREDATORS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the program referred to in subsection (b)(2), the State shall have in effect throughout the State laws and policies that prohibit parole for any individual who-- (1) is convicted of a criminal sexual offense against a victim who is an older individual, which shall include any such offense under State law for conduct that would constitute an offense under chapter 109A of title 18, United States Code, had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison; and (2) is a sexually violent predator. (b) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 2 years to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under the Edward Byrne Memorial Justice Assistance Grant Program 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.). (c) Reallocation.--Amounts not allocated under the program referred to in subsection (b)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (d) Definitions.--For the purposes of this section-- (1) the term ``older individual'' means an individual who is 65 years of age or older; and (2) the term ``sexually violent predator'' means a person who-- (A) has been convicted of a sexually violent offense; and (B) has been diagnosed by a qualified mental health professional as having a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses, or has been determined by a court to suffer from such an illness or disorder. SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES. (a) Request for Immediate Consideration by the United States Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall-- (1) promptly review the sentencing guidelines applicable to sexual offenses committed against the elderly; (2) expeditiously consider the promulgation of new sentencing guidelines or amendments to existing sentencing guidelines to provide an enhancement for such offenses; and (3) submit to Congress an explanation of actions taken by the Sentencing Commission pursuant to paragraph (2) and any additional policy recommendations the Sentencing Commission may have for combating offenses described in paragraph (1). (b) Considerations in Review.--In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of such offenses and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) assure reasonable consistency with other relevant directives and with other guidelines; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. (c) Emergency Authority and Deadline for Commission Action.--The United States Sentencing Commission shall promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than the 180 days after the date of enactment of this Act, in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.

Elder Abuse Prevention Act - Requires a state that is receiving funds for certain law enforcement assistance programs under the Omnibus Crime Control and Safe Streets Act of 1968 to have in effect laws and policies that prohibit parole for any individual who is: (1) convicted of a criminal sexual offense against a victim who is an older individual (defined as age 65 or older); or (2) a sexually violent predator (defined as a person who has been convicted of a sexually violent offense and who has been diagnosed by a qualified mental health professional as having a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses or who has been determined by a court to suffer from such an illness or disorder). Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation). Renders any state that does not implement such laws and policies within the required period ineligible for 10% of funding for its law enforcement assistance programs. Requires the U.S. Sentencing Commission to promptly review its guidelines for sexual offenses committed against the elderly and to consider new guidelines for enhanced sentencing for such crimes.

To prevent the abuse and exploitation of older individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Insurance Provides Security (CHIPS) Act of 1997''. SEC. 2. ENCOURAGING STATES THROUGH INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) TO EXPAND MEDICAID COVERAGE OF CHILDREN AND PREGNANT WOMEN. (a) Increased FMAP for Medical Assistance for Certain Individuals.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by adding at the end the following new sentence: ``Notwithstanding the first sentence of this subsection, in the case of a State plan that meets the conditions described in subsection (t)(1), with respect to expenditures for medical assistance for individuals within an optional coverage group (as defined in subsection (t)(2)) the Federal medical assistance percentage is equal to the enhanced medical assistance percentage described in subsection (t)(3).''; and (2) by adding at the end the following new subsection: ``(t)(1) The conditions described in this paragraph for a State plan are as follows: ``(A) The plan provides (either through exercise of the option under section 1902(l)(1)(D) or authority under section 1902(r)(2)) for coverage under section 1902(l)(1)(D) of individuals under 19 years of age, regardless of date of birth. ``(B) The plan provides under section 1902(e)(12) for continuous eligibility for a period of 12 months (under subparagraph (A) of such section) of all individuals under 19 years of age who are determined to be eligible for benefits under a State plan approved under this title under section 1902(a)(10)(A). ``(2) For purposes of subsection (b), the term `optional coverage group' means individuals described in each of the following subparagraphs: ``(A) Pregnant women with family income between 133 percent and 150 percent of poverty line.--Women described in subparagraph (A) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(B) Infants with family income between 133 percent and 150 percent of poverty line.--Infants described in subparagraph (B) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(C) Children under 6 years of age with family income between 133 percent and 150 percent of poverty line.--Children described in subparagraph (C) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(D) Older children with family income between 100 percent and 150 percent of poverty line.--Children described in subparagraph (D) of section 1902(l)(1), who are not described in any of subclauses (I) through (III) of section 1902(a)(10)(A)(i), and whose family income exceeds 100 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(3) The enhanced medical assistance percentage described in this paragraph for a State is equal to the Federal medical assistance percentage (as defined in the first sentence of subsection (b)) for the State increased (but not above 90 percent) by the number of percentage points equal to 30 percent of the number of percentage points by which (A) such Federal medical assistance percentage for the State, is less than (B) 100 percent.''. (b) State Option To Expand Eligibility to 150 Percent of Poverty Line for Children Over 1 Year of Age.--Section 1902(l)(2) of such Act (42 U.S.C. 1396a(l)(2)) is amended-- (1) in subparagraph (B), by striking ``equal to 133 percent'' and inserting ``a percentage (specified by the State and not less than 133 percent and not more than 150 percent)'', and (2) in subparagraph (C), by striking ``equal to 100 percent'' and inserting ``a percentage (specified by the State and not less than 100 percent and not more than 150 percent)''. (c) Clarification of State Option To Cover All Children Under 19 Years of Age.--Section 1902(l)(1)(D) of such Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of a State, after any earlier date)'' after ``children born after September 30, 1983''. (d) State Option of Continuous Eligibility for 12 Months.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following new paragraph: ``(12) At the option of the State, the plan may provide that an individual who is under an age specified by the State (not to exceed 19 years of age) and who is determined to be eligible for benefits under a State plan approved under this title under subsection (a)(10)(A) shall remain eligible for those benefits until the earlier of-- ``(A) the end of a period (not to exceed 12 months) following the determination; or ``(B) the time that the individual exceeds that age.''. (e) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after January 1, 1998. SEC. 3. EMPLOYER CONTRIBUTIONS TO PREMIUMS. (a) General Rule.--Any employer which elects to make employer contributions on behalf of an individual who is an employee of such employer, or who is a dependent of such employee, for health insurance coverage shall not condition, or vary, such contributions with respect to any such individual by reason of such individual's status as an individual eligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (b) Elimination of Contributions.--An employer shall not be treated as failing to meet the requirements of subsection (a) if the employer ceases to make employer contributions for health insurance coverage for all its employees. (c) Enforcement.--The enforcement provisions applicable to group health insurance coverage under the amendments made by section 101(e)(2) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1952) shall apply with respect to an employer that violates the provisions of this section in the same manner as such provisions apply to employers under such amendments. SEC. 4. GRANT PROGRAM TO PROMOTE OUTREACH EFFORTS. (a) Authorization of Appropriations.--There are authorized to be appropriated, for each fiscal year beginning with fiscal year 1998 to the Secretary of Health and Human Services, $25,000,000 for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and related programs. (b) Use of Funds.--Funds under this section may be used to reimburse States, localities, and nonprofit entities for additional training and administrative costs associated with outreach activities. Such activities include the following: (1) Use of a common application form for federal child assistance programs.--Implementing use of a single application form (established by the Secretary and based on the model application forms developed under subsections (a) and (b) of section 6506 of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 701 note; 1396a note)) to determine the eligibility of a child or the child's family (as applicable) for assistance or benefits under the medicaid program and under other Federal child assistance programs (such as the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)), and the State program for foster care maintenance payments and adoption assistance payments under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.)). (2) Expanding outstationing of eligibility personnel.-- Providing for the stationing of eligibility workers at sites, such as hospitals and health clinics, at which children receive health care or related services. (c) Application, Etc.--Funding shall be made available under this section only upon the approval of an application by a State, locality, or nonprofit entity for such funding and only upon such terms and conditions as the Secretary specifies. (d) Administration.--The Secretary may administer the grant program under this section through the identifiable administrative unit designated under section 509(a) of the Social Security Act (42 U.S.C. 709(a)) to promote coordination of medicaid and maternal and child health activities and other child health related activities.

Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer an enhanced Federal match to States with Medicaid plans that provide for: (1) coverage of pregnant women, infants, and children under age six with family income between 133 and 150 percent of the poverty line, as well as older children with family income between 100 and 150 percent of the poverty line; and (2) continuous eligibility for a 12-month period for children under any age the State specifies (up to age 19). Gives States the option to: (1) expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age; and (2) extend coverage to all children under age 19. Prohibits any employer which elects to make employer health insurance contributions on behalf of an employee (or dependent) from conditioning, or varying, such contributions with respect to any such individual by reason of his or her eligibility for Medicaid. Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs.

Children's Health Insurance Provides Security (CHIPS) Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Youth Coordination Act''. SEC. 2. ESTABLISHMENT AND MEMBERSHIP. (a) Members and Terms.--There is established the Federal Youth Development Council (in this Act referred to as the ``Council'') composed of-- (1) the Attorney General, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, Secretary of Housing and Urban Development, the Secretary of Education, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Director of National Drug Control Policy, the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, the Director of the U.S.A. Freedom Corps, the Deputy Assistant to the President and Director of the Office of Faith-Based and Community Initiatives, and the Chief Executive Officer of the Corporation for National and Community Service, and other Federal officials as directed by the President, to serve for the life of the Council; and (2) such additional members as the President, in consultation with the majority and minority leadership of the House of Representatives and the Senate, shall appoint from among representatives of faith-based organizations, community based organizations, child and youth focused foundations, universities, non-profit organizations, youth service providers, State and local government, and youth in disadvantaged situations, to serve for terms of 2 years and who may be reappointed by the President for a second 2-year term. (b) Chairperson.--The Chairperson of the Council shall be designated by the President. (c) Meetings.--The Council shall meet at the call of the Chairperson, not less frequently than 4 times each year. The first meeting shall be not less than 6 months after the date of enactment of this Act. SEC. 3. DUTIES OF THE COUNCIL. The duties of the Council shall be-- (1) to ensure communication among agencies administering programs designed to serve youth, especially those in disadvantaged situations; (2) to assess the needs of youth, especially those in disadvantaged situations, and the quantity and quality of Federal programs offering services, supports, and opportunities to help youth in their educational, social, emotional, physical, vocational, and civic development; (3) to set objectives and quantifiable 5-year goals for such programs; (4) to make recommendations for the allocation of resources in support of such goals and objectives; (5) to identify target populations of youth who are disproportionately at risk and assist agencies in focusing additional resources on them; (6) to develop a plan, including common indicators of youth well-being, and assist agencies in coordinating to achieve such goals and objectives; (7) to assist Federal agencies, at the request of one or more such agency, in collaborating on model programs and demonstration projects focusing on special populations, including youth in foster care, migrant youth, projects to promote parental involvement, and projects that work to involve young people in service programs; (8) to solicit and document ongoing input and recommendations from-- (A) youth, especially those in disadvantaged situations; (B) national youth development experts, parents, faith and community-based organizations, foundations, business leaders, and youth service providers; (C) researchers; and (D) State and local government officials; and (9) to work with Federal agencies to conduct high-quality research and evaluation, identify and replicate model programs, and provide technical assistance, and, subject to the availability of appropriations, to fund additional research to fill identified needs. SEC. 4. ASSISTANCE OF STAFF. (a) In General.--The Council may employ and set the rate of pay for any necessary staff (including a director) to assist in carrying out its duties. (b) Staff of Federal Agencies.--Upon request of the Council, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Council to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF THE COUNCIL. (a) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services.--Upon the request of the Council, the Administrator of General Services shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act. SEC. 6. ASSISTANCE TO STATES. (a) In General.--Subject to the availability of appropriations, the Council may provide technical assistance and make grants to States to support State councils for coordinating State youth efforts. (b) Applications.--Applicants for grants must be States. Applications for grants under this section shall be submitted at such time and in such form as determined by the Council. (c) Priority.--Priority for grants will be given to States that-- (1) have already initiated an interagency coordination effort focused on youth; (2) plan to work with at least 1 locality to support a local youth council for coordinating local youth efforts; (3) demonstrate the inclusion of nonprofit organizations, including faith-based and community-based organizations, in the work of the State council; and (4) demonstrate the inclusion of young people, especially those in disadvantaged situations, in the work of the State council. SEC. 7. REPORT. Not later than 1 year after the Council holds its first meeting, and on an annual basis for a period of 4 years thereafter, the Council shall transmit to the President and to Congress a report of the findings and recommendations of the Council. The report shall-- (1) include a comprehensive compilation of recent research and statistical reporting by various Federal agencies on the overall wellbeing of youth; (2) include the assessment of the needs of youth, the goals and objectives, the target populations of at-risk youth, and the plan called for in section 3; (3) recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various programs and agencies serving youth; (4) include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including recommendations for legislation and administrative actions; (5) include a summary of actions the Council has taken at the request of Federal agencies to facilitate collaboration and coordination on youth serving programs and the results of those collaborations, if available; and (6) include a summary of the input and recommendations from the groups identified in section 3(8). SEC. 8. TERMINATION. The Council shall terminate 60 days after transmitting its fifth and final report pursuant to section 6. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out this Act.

Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of Federal programs serving youth. Authorizes the Council to provide technical assistance and make grants to States to support State councils for coordinating State youth efforts.

To establish a Federal Youth Development Council to improve the administration and coordination of Federal programs serving youth, and for other purposes.

on the Budget for Fiscal Year 2004.--Notwithstanding any other provision of law, all adjustments made pursuant to section 110(a)(2) of title 23, United States Code, to sums authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out each of the Federal-aid highway and highway safety construction programs (other than emergency relief) in fiscal year 2004 shall be deemed to be zero. (e) Sense of Congress on Adjustment to Align Highway Spending With Revenues.--It is the sense of Congress that, in any multiyear reauthorization of the Federal-aid highway program, the alignment of highway spending with revenues under section 251(b)(1)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 should be restructured to minimize year-to-year fluctuations in highway spending levels and to ensure the uniform enforcement of such levels. SEC. 11. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--Section 8103(a) of the Transportation Equity Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) for fiscal year 2004, $34,498,000,000.''. (b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C. 901 note; 112 Stat. 492) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) for fiscal year 2004, $7,303,000,000.''. (c) Treatment of Funds.--Notwithstanding any other provision of law, funds made available under this Act, including the amendments made by this Act, shall be deemed to be zero for the purposes of section 110 of the title 23, United States Code. SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR OBLIGATIONS UNDER TEA 21. (a) Highway Trust Fund.-- (1) In general.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended-- (A) in the matter before subparagraph (A), by striking ``October 1, 2003'' and inserting ``July 1, 2004'', and (B) in the matter after subparagraph (E), by striking ``TEA 21 Restoration Act'' and inserting ``Surface Transportation Extension Act of 2003''. (2) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (A) in the matter before subparagraph (A), by striking ``October 1, 2003'' and inserting ``July 1, 2004'', and (B) in the matter after subparagraph (C), by striking ``TEA 21 Restoration Act'' and inserting ``Surface Transportation Extension Act of 2003''. (3) Exception to limitation on transfers.--Subparagraph (B) of section 9503(b)(5) of such Code is amended by striking ``October 1, 2003'' and inserting ``July 1, 2004''. (b) Aquatic Resources Trust Fund.-- (1) Sport fish restoration account.--Subparagraphs (B) and (C) of section 9504(b)(2) of the Internal Revenue Code of 1986 are each amended by striking ``TEA 21 Restoration Act'' and inserting ``Surface Transportation Extension Act of 2003''. (2) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (A) by striking ``October 1, 2003'' and inserting ``July 1, 2004'', and (B) by striking ``TEA 21 Restoration Act'' and inserting ``Surface Transportation Extension Act of 2003''. (3) Exception to limitation on transfers.--Paragraph (2) of section 9504(d) of such Code is amended by striking ``October 1, 2003'' and inserting ``July 1, 2004''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Temporary Rule Regarding Adjustments.--During the period beginning on the date of the enactment of this Act and ending on March 31, 2004, for purposes of making any estimate under section 9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway Trust Fund, the Secretary of the Treasury shall treat-- (1) each expiring provision of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through the end of the 24-month period referred to in section 9503(d)(1)(B) of such Code, and (2) with respect to each tax imposed under the sections referred to in section 9503(b)(1) of such Code, the rate of such tax during the 24-month period referred to in section 9503(d)(1)(B) of such Code to be the same as the rate of such tax as in effect on the date of the enactment of this Act.

Surface Transportation Extension Act of 2003 - Extends Federal highway, highway safety, motor carrier safety, and transit programs for six months, and authorizes appropriations, through March 31, 2004. Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2003 obligation authority to the FY 2003 obligation authority for all States; and (2) ensure that each State is apportioned funds for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. Sets forth provisions: (1) for reducing future apportionments, and for recovering funds not apportioned, under a law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act; (2) prohibiting States from obligating any Federal-aid highway program funds after March 31, 2004, until the earlier of the date of enactment of a multi-year law reauthorizing such program or June 30 2004; and (3) directing the Secretary of Transportation, on the earlier of such enactment date or June 1, 2004, to distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation as provided in an Act making appropriations for the Department of Transportation for FY 2004 Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and TEA-21, respectively, to set related discretionary spending limits and obligation limitations for FY 2004.

To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century.

SECTION 1. CLASS SIZE REDUCTION. Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by striking ``this title'' each place such term appears and inserting ``this title (excluding part E)''; and (2) by adding at the end the following: ``PART E--CLASS SIZE REDUCTION ``SEC. 6501. GRANT PROGRAM. ``(a) Purpose.--The purposes of this section are-- ``(1) to reduce class size through the use of fully qualified teachers; ``(2) to assist States and local educational agencies in recruiting, hiring, and training 100,000 teachers in order to reduce class sizes nationally, in grades 1 through 3, to an average of 18 students per regular classroom; and ``(3) to improve teaching in those grades so that all students can learn to read independently and well by the end of the 3d grade. ``(b) Allotment to States.-- ``(1) Reservation.--From the amount made available to carry out this part for a fiscal year, the Secretary shall reserve not more than 1 percent for the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities carried out in accordance with this section. ``(2) State allotments.-- ``(A) Hold harmless.-- ``(i) In general.--Subject to subparagraph (B) and clause (ii), from the amount made available to carry out this part for a fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State an amount equal to the amount that such State received for the preceding fiscal year under this section or section 306 of the Department of Education Appropriations Act, 2001, as the case may be. ``(ii) Ratable reduction.--If the amount made available to carry out this part for a fiscal year and not reserved under paragraph (1) is insufficient to pay the full amounts that all States are eligible to receive under clause (i) for such fiscal year, the Secretary shall ratably reduce such amounts for such fiscal year. ``(B) Allotment of additional funds.-- ``(i) In general.--Subject to clause (ii), for any fiscal year for which the amount made available to carry out this part and not reserved under paragraph (1) exceeds the amount made available to the States for the preceding year under the authorities described in subparagraph (A)(i), the Secretary shall allot to each of those States the percentage of the excess amount that is the greater of-- ``(I) the percentage the State received for the preceding fiscal year of the total amount made available to the States under section 1122; or ``(II) the percentage so received of the total amount made available to the States under section 2202(b). ``(ii) Ratable reductions.--If the excess amount for a fiscal year is insufficient to pay the full amounts that all States are eligible to receive under clause (i) for such fiscal year, the Secretary shall ratably reduce such amounts for such fiscal year. ``(c) Allocation to Local Educational Agencies.-- ``(1) Allocation.--Each State that receives funds under this section shall allocate 100 percent of those funds to local educational agencies, of which-- ``(A) 80 percent shall be allocated to those local educational agencies in proportion to the number of children, age 5 through 17, from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved, who reside in the school district served by that local educational agency for the most recent fiscal year for which satisfactory data are available, compared to the number of those children who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and ``(B) 20 percent shall be allocated to those local educational agencies in accordance with the relative enrollments of children, age 5 through 17, in public and private nonprofit elementary schools and secondary schools within the areas served by those agencies. ``(2) Exception.--Notwithstanding paragraph (1) and subsection (d)(2)(B), if the award to a local educational agency under this section is less than the starting salary for a new fully qualified teacher for a school served by that agency, that agency may use funds made available under this section to-- ``(A) help pay the salary of a full- or part-time fully qualified teacher hired to reduce class size, which may be done in combination with the expenditure of other Federal, State, or local funds; or ``(B) pay for activities described in subsection (d)(2)(A)(iii) that may be related to teaching in smaller classes. ``(d) Use of Funds.-- ``(1) Mandatory uses.--Each local educational agency that receives funds under this section shall use those funds to carry out effective approaches to reducing class size through use of fully qualified teachers to improve educational achievement for both regular and special needs children, with particular consideration given to reducing class size in the early elementary grades for which some research has shown class size reduction is most effective. ``(2) Permissible uses.-- ``(A) In general.--Each such local educational agency may use funds made available under this section for-- ``(i) recruiting (including through the use of signing bonuses, and other financial incentives), hiring, and training fully qualified regular and special education teachers (which may include hiring special education teachers to team-teach with regular teachers in classrooms that contain both children with disabilities and non-disabled children) and teachers of special needs children; ``(ii) testing new teachers for academic content knowledge, and to meet State certification or licensing requirements that are consistent with title II of the Higher Education Act of 1965; and ``(iii) providing professional development (which may include such activities as promoting retention and mentoring) for teachers, including special education teachers and teachers of special needs children, in order to meet the goal of ensuring that all teachers have the general knowledge, teaching skills, and subject matter knowledge necessary to teach effectively in the content areas in which the teachers teach, consistent with title II of the Higher Education Act of 1965. ``(B) Limitation on testing and professional development.-- ``(i) In general.--Except as provided in clause (ii), a local educational agency may use not more than a total of 25 percent of the funds received by the agency under this section for activities described in clauses (ii) and (iii) of subparagraph (A). ``(ii) Special rule.--A local educational agency may use more than 25 percent of the funds the agency receives under this section for activities described in subparagraph (A)(iii) for the purpose of helping teachers who are not yet fully qualified in attaining full qualification if 10 percent or more of the elementary school classes in a school are taught by individuals who are not fully qualified teachers or the State educational agency has waived State certification or licensing requirements for 10 percent or more of such teachers. ``(C) Use of funds by agencies that have reduced class size.--Notwithstanding subparagraph (B), a local educational agency that has already reduced class size in the early elementary grades to 18 or fewer children (or has already reduced class size to a State or local class size reduction goal that was in effect on November 28, 1999 if that goal is 20 or fewer children) may use funds received under this section-- ``(i) to make further class size reductions in kindergarten through third grade; ``(ii) to reduce class size in other grades; or ``(iii) to carry out activities to improve teacher quality, including professional development. ``(3) Supplement, not supplant.--Each such agency shall use funds made available under this section only to supplement, and not to supplant, State and local funds that, in the absence of funds made available under this section, would otherwise be expended for activities described in this section. ``(4) Limitation on use for salaries and benefits.-- ``(A) In general.--Except as provided in subparagraph (B), no funds made available under this section may be used to increase the salaries of, or provide benefits (other than participation in professional development and enrichment programs) to, teachers who are not hired under this section. ``(B) Exception.--Funds made available under this section may be used to pay the salaries of teachers hired under section 306 of the Department of Education Appropriations Act, 2001. ``(e) Reports.-- ``(1) State activities.--Each State receiving funds under this section shall prepare and submit to the Secretary a biennial report on activities carried out in the State under this section that provides the information described in section 6202(a)(2) with respect to the activities. ``(2) Progress concerning class size and qualified teachers.--Each State and local educational agency receiving funds under this section shall annually report to parents and the public, in numeric form as compared to the previous year, on-- ``(A) the agency's progress in reducing class size, and increasing the percentage of classes in core academic areas taught by fully qualified teachers; and ``(B) the impact that hiring additional fully qualified teachers and reducing class size, has had, if any, on increasing student academic achievement. ``(3) Notice.--Each local educational agency that receives funds under this section shall provide to each individual parent of a child who attends a school in such local educational agency timely, written notice if the child has been assigned or has been taught for 2 or more consecutive weeks by a substitute teacher, as defined by such local educational agency, or a teacher who is not fully qualified. ``(f) Private Schools.--If a local educational agency uses funds made available under this section for professional development activities, the agency shall ensure the equitable participation of private nonprofit elementary schools and secondary schools in such activities in accordance with section 6402. Section 6402 shall not apply to other activities carried out under this section. ``(g) Administrative Expenses.--A local educational agency that receives funds under this section may use not more than 3 percent of such funds for local administrative costs. ``(h) Request for Funds.--Each local educational agency that desires to receive funds under this section shall include in the application required under section 6303 a description of the agency's program to reduce class size by hiring additional fully qualified teachers. ``(i) Certification, Licensing, and Competency.--No funds made available under this section may be used to pay the salary of any teacher unless such teachers is fully qualified. ``(j) Definitions.--As used in this section-- ``(1) the term `certified' includes certification through State or local alternative routes; and ``(2) the term `fully qualified'-- ``(A) when used with respect to an elementary or secondary school teacher, means that the teacher has obtained certification or passed the State licensing exam and holds a license; and ``(B) when used with respect to-- ``(i) an elementary school teacher, means that the teacher holds a bachelor's degree and demonstrates general knowledge, teaching skill, and subject matter knowledge required to teach at the elementary school level in the core academic subjects; or ``(ii) a middle or secondary school teacher, means that the teacher holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous academic subject area test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``SEC. 6502. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $2,000,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2006.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade.

To amend the Elementary and Secondary Education Act of 1965 to reduce class size through the use of fully qualified teachers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Innovation for Education Act of 2011''. SEC. 2. INVESTING IN INNOVATION. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--INVESTING IN INNOVATION ``SEC. 4401. PURPOSES. ``The purposes of this part are to-- ``(1) fund the identification, development, evaluation, and expansion of innovative, evidence-based practices, programs, and strategies in order to significantly-- ``(A) increase student academic achievement and decrease achievement gaps; ``(B) increase high school graduation rates; ``(C) increase college enrollment rates and rates of college persistence; ``(D) improve teacher and school leader effectiveness; and ``(E) increase the identification of innovative educational strategies in rural areas; and ``(2) support the rapid development, expansion, and adoption of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. ``SEC. 4402. NATIONAL ACTIVITIES. ``The Secretary may reserve not more than 10 percent of the funds appropriated under section 4408 for each fiscal year to carry out activities of national significance, which activities may include-- ``(1) capacity building; ``(2) technical assistance, including to applicants from rural areas; ``(3) pre-application workshops and web-based seminars for potential applicants, including applicants from rural areas; ``(4) the recruitment of peer-reviewers, including individuals with a background in rural education, to participate in the review of applications submitted under section 4404; ``(5) dissemination of best practices developed with grant funds provided under this part, including best practices developed with grant funds in rural areas; ``(6) carrying out prize awards consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719); and ``(7) entering into partnerships with other agencies, nonprofits, and the private sector to carry out advanced research and development activities, including research and activities in rural areas. ``SEC. 4403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES. ``(a) Program Authorization.--The Secretary shall use funds made available to carry out this part to award grants, on a competitive basis, to local educational agencies, educational service agencies, and nonprofit organizations that propose to provide support to 1 or more public schools or local educational agencies, or both, consistent with section 4405. ``(b) Duration of Grants.--The Secretary shall award grants under this part for a period of not more than 3 years, and may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 4406. ``(c) Rural Areas.--The Secretary shall ensure that not less than 25 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet both of the following requirements: ``(1) The grantee is-- ``(A) a local educational agency with an urban- centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; ``(B) a consortium of such local educational agencies; or ``(C) an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. ``(2) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary. ``(d) Priorities.--In awarding grants under this part, the Secretary may give priority to an eligible entity that includes, in its application under section 4404, a plan to-- ``(1) improve early learning outcomes; ``(2) support college access and success; ``(3) support family and community engagement; ``(4) address the unique learning needs of students with disabilities or English language learners; ``(5) support the effective use of education technology to improve teaching and learning; ``(6) improve the teaching and learning of science, technology, engineering, or mathematics; or ``(7) serve schools in rural local educational agencies. ``(e) Standards of Evidence.--The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities the applicant proposes to carry out with funds under this part are likely to succeed in improving student outcomes or outcomes on other performance measures. These standards may include any of the following: ``(1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student academic achievement, student growth, or outcomes on other performance measures. ``(2) Moderate evidence that the activities proposed by the applicant will improve student academic achievement, student growth, or outcomes on other performance measures. ``(3) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student academic achievement, student growth, or outcomes on other performance measures. ``SEC. 4404. APPLICATIONS. ``(a) Applications.-- ``(1) In general.--Each local educational agency, educational service agency, or nonprofit organization that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Reasonable period of time.--The Secretary shall ensure that prospective applicants are provided a reasonable period of time in which to prepare and submit their applications. ``(b) Contents.--At a minimum, each application shall-- ``(1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 4403(e); ``(2) describe how the applicant will address at least 1 of the areas described in section 4405(a)(1); ``(3) provide an estimate of the number of students that the applicant plans to serve under the proposed project, including the percentage of those students who are from low- income families, and the number of students to be served through additional expansion after the grant ends; ``(4) demonstrate that the applicant has established 1 or more partnerships with private organizations, nonprofit organizations, or community-based organizations, and that the partner or partners will provide matching funds, except that the Secretary may waive the matching funds requirement, on a case-by-case, upon a showing of exceptional circumstances, such as the difficulty of raising matching funds for a project to serve a rural area; ``(5) describe the applicant's plan for continuing the proposed project after funding under this part ends; ``(6) if the applicant is a local educational agency-- ``(A) document the local educational agency's record during the previous 3 years in-- ``(i) increasing student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); and ``(ii) decreasing achievement gaps; and ``(B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 4406; ``(7) if the applicant is a nonprofit organization-- ``(A) provide evidence that the nonprofit organization has helped at least 1 school or local educational agency, during the previous 3 years, significantly-- ``(i) increase student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); and ``(ii) reduce achievement gaps; and ``(B) describe how the nonprofit organization has helped at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the performance measures described in section 4406; ``(8) if the applicant is an educational service agency-- ``(A) provide evidence that the agency has helped at least 1 school or local educational agency, during the previous 3 years, significantly-- ``(i) increase student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); and ``(ii) reduce achievement gaps; and ``(B) describe how the agency has helped at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the performance measures described in section 4406; ``(9) provide a description of the applicant's plan for independently evaluating the effectiveness of activities carried out with funds under this part; ``(10) provide an assurance that the applicant will-- ``(A) cooperate with cross-cutting evaluations; ``(B) make evaluation data available to third parties for validation and further study; and ``(C) participate in communities of practice; and ``(11) if the applicant is a nonprofit organization that intends to make subgrants, consistent with section 4405(b), provide an assurance that the applicant will apply paragraphs (1) through (10), as appropriate, in the applicant's selection of subgrantees and in its oversight of those subgrants. ``(c) Criteria for Evaluating Applications.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted and, consistent with the standards established under section 4403(e), each applicant's likelihood of achieving success in improving student outcomes or outcomes on other performance measures. ``SEC. 4405. USES OF FUNDS. ``(a) Uses of Funds.--Each local educational agency, educational service agency, or nonprofit organization that receives a grant under this part-- ``(1) shall use the grant funds to address, at a minimum, 1 of the following areas of school innovations: ``(A) Improving the effectiveness of teachers and school leaders and promoting equity in the distribution of effective teachers and school leaders. ``(B) Strengthening the use of data to improve teaching and learning. ``(C) Providing high-quality instruction based on rigorous standards that build toward college and career readiness and measuring students' mastery using high- quality assessments aligned to those standards. ``(D) Turning around the lowest-performing schools. ``(E) Any other area of school innovation, as determined by the Secretary; ``(2) shall use those funds to develop or expand strategies to improve the performance of high-need students on the performance measures described in section 4406; and ``(3) may use the grant funds for an independent evaluation, as required by section 4404(b)(9), of the innovative practices carried out with the grant. ``(b) Authority to Subgrant.--A nonprofit organization that receives a grant under this part may use the grant funds to make subgrants to other entities to provide support to 1 or more schools or local educational agencies. Any such entity shall comply with the requirements of this part relating to grantees, as appropriate. ``SEC. 4406. PERFORMANCE MEASURES. ``The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee's progress in-- ``(1) improving outcomes for each subgroup described in section 1111(b)(2)(C)(v) that is served by the grantee on measures, including, as applicable, by-- ``(A) increasing student achievement and decreasing achievement gaps; ``(B) increasing high school graduation rates; ``(C) increasing college enrollment rates and rates of college persistence; ``(D) improving teacher and school leader effectiveness; ``(E) improving school readiness; and ``(F) any other indicator as the Secretary or grantee may determine; and ``(2) implementing its project in rural schools, as applicable. ``SEC. 4407. REPORTING; ANNUAL REPORT. ``A local educational agency, educational service agency, or nonprofit organization that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the applicant's progress on the performance measures established under section 4406, and the data supporting that progress. ``SEC. 4408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $500,000,000 for fiscal year 2012 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``PART D--Investing in Innovation ``Sec. 4401. Purposes. ``Sec. 4402. National activities. ``Sec. 4403. Program authorized; length of grants; priorities. ``Sec. 4404. Applications. ``Sec. 4405. Uses of funds. ``Sec. 4406. Performance measures. ``Sec. 4407. Reporting; annual report. ``Sec. 4408. Authorization of appropriations.''.

Investing in Innovation for Education Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs), educational service agencies, and nonprofit organizations to support the school innovation efforts of public schools and LEAs. Requires at least 25% of the grant funds to be awarded for projects in rural areas. Requires each grant applicant to demonstrate that it has partnered with at least one private, nonprofit, or community-based organization that will provide matching funds. Allows the Secretary to waive the matching funds requirement upon a showing of exceptional circumstances. Requires each grant to be used to address at least one of the following areas of school innovation: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution, (2) strengthening the use of data to improve education, (3) providing high-quality instruction that is based on rigorous standards and measuring students' proficiency using high-quality assessments that are aligned to those standards, (4) turning around the lowest-performing schools, and (5) any other area of school innovation the Secretary chooses. Directs the Secretary to establish performance measures for tracking each grantee's progress in: (1) improving the academic performance of public elementary and secondary school students, and specified subgroups of those students; and (2) implementing its project in rural schools, as applicable. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures.

A bill to amend the Elementary and Secondary Education Act of 1965 to invest in innovation for education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Annual priority list.--The term `annual priority list' means the annual priority list compiled under subsection (b). ``(2) Comprehensive plan.--The term `comprehensive plan' means-- ``(A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) any amendments to that plan. ``(3) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. ``(b) Annual Priority List.-- ``(1) In general.--After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include-- ``(A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; ``(B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of-- ``(i) the identities of the financial assistance recipients; and ``(ii) the communities to be served; and ``(C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. ``(3) Consultation.--In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and ``(C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. ``(c) Grant Program.-- ``(1) In general.--Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. ``(B) Non-federal share.--The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be-- ``(i) not less than 25 percent; and ``(ii) provided from non-Federal sources. ``(d) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Relationship to other funding.--Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). ``(4) Prohibition.--No amounts made available under subsection (c) may be used for the administration of a management conference under section 320.''.

San Francisco Bay Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to provide funding for activities, studies, or projects, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that are identified in an annual priority list and that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Authorizes funding to be provided through cooperative agreements, grants, or other means to state and local agencies, special districts, public or nonprofit agencies, institutions, and organizations. Prohibits funding from being used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Requires the Administrator, in developing the priority list, to consult with and consider the recommendations of: (1) the San Francisco Estuary Partnership, (2) the state of California and affected local governments in the San Francisco Bay estuary watershed, and (3) any other relevant stakeholder involved with the protection and restoration of such estuary. Limits funding amounts under this Act to 75% of the total cost of eligible activities to be carried out using those amounts. Authorizes the Administrator to carry out this Act for each of FY2013-FY2017.

San Francisco Bay Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National AMBER Alert Network Act of 2002''. SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. The officer so designated shall be known as the AMBER Alert Coordinator of the Department of Justice. (b) Duties.--In acting as the national coordinator of the AMBER Alert communications network, the Coordinator shall-- (1) seek to eliminate gaps in the network, including gaps in areas of interstate travel; (2) work with States to encourage the development of additional elements (known as local AMBER plans) in the network; (3) work with States to ensure appropriate regional coordination of various elements of the network; and (4) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts on abducted children through the network. (c) Consultation and Cooperation.--(1) In carrying out duties under subsection (b), the Coordinator shall notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an alert is issued through the AMBER Alert communications network. (2) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. (3) In preparation for carrying out duties under subsection (b), the Coordinator shall consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having expertise in matters relating to such duties. SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH AMBER ALERT COMMUNICATIONS NETWORK. (a) Establishment of Minimum Standards.--Subject to subsection (b), the AMBER Alert Coordinator of the Department of Justice shall establish minimum standards for-- (1) the issuance of alerts through the AMBER Alert communications network; and (2) the extent of the dissemination of alerts issued through the network. (b) Limitations.--(1) The minimum standards established under subsection (a) shall be adoptable on a voluntary basis only. (2) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the AMBER Alert communications network be limited to the geographic areas most likely to facilitate the recovery of the abducted child concerned. (3) In carrying out activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the AMBER Alert communications network. (c) Cooperation and Consultation.--(1) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. (2) The Coordinator shall also cooperate with local broadcasters and State and local law enforcement agencies in establishing minimum standards under this section. (3) The Coordinator shall also consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having an expertise in matters relating to the minimum standards to be established under this section in establishing the minimum standards. SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN. (a) Program Required.--The Secretary of Transportation shall carry out a program to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development or enhancement of electronic message boards along highways and the placement of additional signage along highways; and (2) the development or enhancement of other means of disseminating along highways alerts and other information for the recovery of abducted children. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Secretary shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Secretary shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Transportation for fiscal year 2003 such sums as may be necessary to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS. (a) Program Required.--The Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to AMBER Alert communications plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to AMBER Alert communications plans; and (3) such other activities as the Attorney General considers appropriate for supporting the AMBER Alert communications program. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Justice for fiscal year 2003 such sums as may be necessary to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. Passed the Senate September 10, 2002. Passed the Senate (legislative day, ), 2001. Attest: JERI THOMSON, Secretary.

National AMBER Alert Network Act of 2002 - (Sec. 2) Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children.Requires the Coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network; (4) notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an AMBER alert is issued; (5) establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child); (6) cooperate with the Secretary, the Federal Communications Commission, local broadcasters, and State and local law enforcement agencies; and (7) consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having relevant expertise.(Sec. 4) Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways.(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of education, training, and law enforcement programs and activities for the support of AMBER Alert communications plans.Authorizes appropriations.

A bill to enhance the operation of the AMBER Alert communications network in order to facilitate the recovery of abducted children, to provide for enhanced notification on highways of alerts and information on such children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Complaint and Litigation Accountability Improvement Measures Act'' or the ``Trade CLAIM Act''. SEC. 2. REVIEW OF DETERMINATIONS OF THE UNITED STATES TRADE REPRESENTATIVE BY THE COURT OF INTERNATIONAL TRADE. Section 1581 of title 28, United States Code, is amended-- (1) in subsection (i)-- (A) in the matter preceding paragraph (1), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (B) in paragraph (4), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (2) by adding at the end the following: ``(k) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced by a petitioner requesting that the United States Trade Representative take action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) to review de novo any determination, finding, or action of the United States Trade Representative under section 301(a), 302(a)(2), 304(a)(1), 305(a)(2)(A)(ii), 306(b), or 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a), 2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), and 2417(a)(1)).''. SEC. 3. CONSIDERATION BY THE UNITED STATES TRADE REPRESENTATIVE OF PETITIONS TO ENFORCE UNITED STATES TRADE RIGHTS. (a) Actions by United States Trade Representative.--Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended-- (1) in subsection (a)-- (A) in paragraph (1) in the flush text at the end, by striking ``, subject to the specific direction, if any, of the President regarding any such action,''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``in any case in which'' and inserting ``if''; (ii) in subparagraph (A)(ii)(II), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (B) and inserting the following: ``(B) the foreign country has-- ``(i) agreed to imminently eliminate the act, policy, or practice, or ``(ii) agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice; ``(C) the Trade Representative finds that it is impossible for the foreign country to achieve the results described in subparagraph (B), but the foreign country agrees to provide to the United States compensatory trade benefits that are equivalent in value to the burden or restriction on United States commerce resulting from the acts, policy, or practice; ``(D) in extraordinary cases, the Trade Representative finds that the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter; or ``(E) the Trade Representative finds that the taking of action under this subsection would cause serious harm to the national security of the United States.''; and (2) in subsection (c)(1)(D)-- (A) by amending clauses (i) and (ii) to read as follows: ``(i) imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), ``(ii) imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice, or''; and (B) by amending subclause (I) of clause (iii) to read as follows: ``(I) are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice, and''. (b) Initiation of Investigations.--Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended-- (1) in subsection (a)(2), by striking the period and inserting ``based on whether the petitioner has alleged facts that, if assumed to be true, would meet the criteria set forth in section 301(a)(1).''; and (2) in subsection (c), by striking ``(a) or''. (c) Consultations.--Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended-- (1) in subsection (a)(2), by striking ``mutually acceptable resolution'' and inserting ``resolution acceptable to the Trade Representative, the foreign country, and the petitioner (if any)''; and (2) in subsection (b)(1)(A), by striking ``after consulting with'' and inserting ``with the consent of''. (d) Implementation of Actions.--Section 305(a)(1) of the Trade Act of 1974 (19 U.S.C. 2415(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President regarding any such action,''. (e) Monitoring of Foreign Compliance.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended-- (1) in paragraph (1), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''; and (2) in paragraph (2)(A), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''. (f) Modification and Termination of Action.--Section 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President with respect to such action,''.

Trade Complaint and Litigation Accountability Improvement Measures Act or the Trade CLAIM Act - Amends the federal judicial code to grant the Court of International Trade exclusive jurisdiction of any civil action commenced by a petitioner requesting de novo review of a U.S. Trade Representative (USTR) decision concerning the enforcement of U.S. trade rights. Amends the Trade Act of 1974 to revise requirements concerning the enforcement of U.S. trade rights with respect to presidential authority and the responsibility of the USTR. Permits the USTR to take further action to enforce U.S. rights, based on the USTR's monitoring, when a petitioner considers that the actions of a foreign country in implementing a measure have not been satisfactory.

A bill to make determinations by the United States Trade Representative under title III of the Trade Act of 1974 reviewable by the Court of International Trade and to ensure that the United States Trade Representative considers petitions to enforce United States trade rights, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended-- (1) by striking section 2; (2) in the first sentence of the first section, by striking ``That the Indians'' and inserting the following: ``SEC. 3. DESIGNATION OF LUMBEE INDIANS. ``The Indians''; (3) in the preamble-- (A) by inserting before the first undesignated clause the following: ``SECTION 1. FINDINGS. ``Congress finds that--''; (B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; (C) by striking ``Whereas'' each place it appears; (D) by striking ``and'' after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and (E) in paragraph (4) (as so designated), by striking ``: Now, therefore,'' and inserting a period; (4) by moving the enacting clause so as to appear before section 1 (as so designated); (5) by striking the last sentence of section 3 (as designated by paragraph (2)); (6) by inserting before section 3 (as designated by paragraph (2)) the following: ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina.''; and (7) by adding at the end the following: ``SEC. 4. FEDERAL RECOGNITION. ``(a) In General.--Federal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). ``(b) Applicability of Laws.--All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. ``(c) Petition for Acknowledgment.--Notwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. ``(a) In General.--The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. ``(b) Service Area.--For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(c) Determination of Needs.--On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall-- ``(1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and ``(2) after the tribal roll is verified, each submit to Congress a written statement of those needs. ``(d) Tribal Roll.-- ``(1) In general.--For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. ``(2) Verification limitation and deadline.--The verification by the Secretary under paragraph (1) shall-- ``(A) be limited to confirming compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and ``(B) be completed not later than 2 years after the date of enactment of this section. ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. ``(a) In General.--The Secretary may take into trust for the benefit of the Tribe land of the Tribe. ``(b) Treatment of Certain Land.--An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). ``(c) Gaming Activities.--Land taken into trust under this section shall be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. ``(a) In General.--With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed; and ``(2) all civil actions that arise. ``(b) Transfer of Jurisdiction.-- ``(1) In general.--Subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Tribe and the State of North Carolina. ``(2) Restriction.--A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. ``(c) Effect.--Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act This bill amends the Act of June 7, 1956, to extend federal recognition to the Lumbee Tribe of North Carolina and make its members eligible for the services and benefits provided to members of federally recognized tribes. Members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina are deemed to be within the delivery area for such services. The Deparment of Health and Human Services must develop, in consultation with the tribe, a determination of needs to provide the services for which members of the tribe are eligible. The Department of the Interior may take land into trust for the tribe. Gaming is allowed on land taken into trust for the tribe. North Carolina must exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the tribe unless jurisdiction is transferred to the United States pursuant to an agreement between the tribe and the state.

Lumbee Recognition Act

SECTION 1. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY ACCOUNT NUMBER CARD. (a) Improvements to Card.-- (1) In general.--For purposes of carrying out section 274A of the Immigration and Nationality Act, the Commissioner of Social Security (in this section referred to as the ``Commissioner'') shall make such improvements to the physical design, technical specifications, and materials of the social security account number card as are necessary to ensure that it is a genuine official document and that it offers the best possible security against counterfeiting, forgery, alteration, and misuse. (2) Performance standards.--In making the improvements required in paragraph (1), the Commissioner shall-- (A) make the card as secure against counterfeiting as the 100 dollar Federal Reserve note, with a rate of counterfeit detection comparable to the 100 dollar Federal Reserve note, and (B) make the card as secure against fraudulent use as a United States passport. (3) Reference.--In this section, the term ``secured social security account number card'' means a social security account number card issued in accordance with the requirements of this subsection. (4) Effective date.--All social security account number cards issued after January 1, 2002, whether new or replacement, shall be secured social security account number cards. (b) Use for Employment Verification.--Beginning on January 1, 2008, a document described in section 274A(b)(1)(C) of the Immigration and Nationality Act is a secured social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (c) Not a National Identification Card.--Cards issued pursuant to this section shall not be required to be carried upon one's person, and nothing in this section shall be construed as authorizing the establishment of a national identification card. (d) No New Databases.--Nothing in this section shall be construed as authorizing the establishment of any new databases. (e) Education Campaign.--The Commissioner of Immigration and Naturalization, in consultation with the Commissioner of Social Security, shall conduct a comprehensive campaign to educate employers about the security features of the secured social security card and how to detect counterfeit or fraudulently used social security account number cards. (f) Annual Reports.--The Commissioner of Social Security shall submit to Congress by July 1 of each year a report on-- (1) the progress and status of developing a secured social security account number card under this section, (2) the incidence of counterfeit production and fraudulent use of social security account number cards, and (3) the steps being taken to detect and prevent such counterfeiting and fraud. (g) GAO Annual Audits.--The Comptroller General shall perform an annual audit, the results of which are to be presented to the Congress by January 1 of each year, on the performance of the Social Security Administration in meeting the requirements in subsection (a). (h) Expenses.--No costs incurred in developing and issuing cards under this section that are above the costs that would have been incurred for cards issued in the absence of this section shall be paid for out of any Trust Fund established under the Social Security Act. There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 2. CRIMINAL PENALTIES FOR FRAUD AND RELATED ACTIVITY WITH WORK AUTHORIZATION DOCUMENTS. (a) In General.--Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraphs (1) and (2) by striking ``an identification document or a false identification document'' each place it appears and inserting ``an identification document, false identification document, work authorization document, or false work authorization document''; (B) in paragraph (3) by striking ``identification documents (other than those issued lawfully for the use of the possessor) or false identification documents'' and inserting ``identification or work authorization documents (other than those issued lawfully for the use of the possessor) or false identification or work authorization documents''; (C) in paragraph (4) by striking ``an identification document (other than one issued lawfully for the use of the possessor) or a false identification document'' and inserting ``an identification or work authorization document (other than one issued lawfully for the use of the possessor) or a false identification or work authorization document''; (D) in paragraph (5) by inserting ``or in the production of a false work authorization document'' after ``false identification document''; and (E) in paragraph (6) by inserting ``or work authorization document'' after ``identification document'' each place it appears; (2) in subsection (b)(1)-- (A) by striking ``an identification document or false identification document'' in subparagraph (A) and inserting ``an identification document, false identification document, work authorization document, or false work authorization document''; (B) in subparagraph (A)-- (i) by striking ``or'' at the end of clause (i); (ii) by inserting ``or'' at the end of clause (ii); and (iii) by inserting the following new clause after clause (ii): ``(iii) a work authorization document;''; and (C) by striking ``identification documents or false identification documents'' in subparagraph (B) and inserting ``identification documents, false identification documents, work authorization documents, or false work authorization documents''; (3) in subsection (b)(2)(A) by striking ``a false identification document;'' and inserting ``a false identification document, work authorization document, or false work authorization document;''; (4) in subsection (c)-- (A) by striking ``identification document or false identification document'' each place it appears in paragraph (1) and inserting ``identification document, false identification document, work authorization document, or false work authorization document''; and (B) by adding ``work authorization document, false work authorization document,'' after ``false identification document,'' in paragraph (3); and (5) in subsection (d)-- (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 inserting after paragraph (6) the following new paragraph: ``(7) the term `work authorization document' means any document described in section 274A(b)(1)(C) of the Immigration and Nationality Act.''. (b) Conforming Amendments.-- (1) Identity theft and assumption deterrence act.--Section 4(b)(2) of the Identity Theft and Assumption Deterrence Act of 1998 (Public Law 105-318; 112 Stat. 3010) is amended by striking ``or false identification documents'' and inserting ``false identification documents, work authorization documents, or false work authorization documents''. (2) Heading.--The heading for section 1028 of title 18, United States Code, is amended to read as follows: ``Sec. 1028. Fraud and related activity in connection with identification and work authorization documents and information'' (c) Clerical Amendment.--The item relating to section 1028 in the table of sections at the beginning of chapter 47 of title 18, United States Code, is amended to read as follows: ``1028. Fraud and related activity in connection with identification and work authorization documents and information.''.

Directs the Commissioner of Social Security to improve the social security card (card) for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Provides that cards issued pursuant to this Act shall not be required to be carried upon one's person, and that nothing in this Act shall be construed as authorizing the establishment of a national identification card. Directs the Commissioner of Immigration and Naturalization to conduct an education campaign aimed at educating employers about card security features and how to detect fraudulently used cards. Authorizes appropriations. Amends the Federal criminal code to provide for criminal penalties for fraud and related activities concerning work authorization documents.

To improve the integrity of the Social Security card and to provide for criminal penalties for fraud and related activity involving work authorization documents for purposes of the Immigration and Nationality Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2005''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (Y), by striking ``and'' at the end; (ii) in subparagraph (Z), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(AA) kidney disease education services (as defined in subsection (bbb));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services<plus-minus> ``(bbb)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including home and in-center, as well as vascular access options and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or ``(V) a transplant coordinator; and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) No individual shall be eligible to be provided more than 6 sessions of kidney disease education services under this title.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(AA),'', after ``(2)(W),''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(14) For purposes of paragraph (12), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(bbb)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (4) Limitation on number of sessions.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (L); (B) by striking the semicolon at the end of subparagraph (M) and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(N) in the case of kidney disease education services (as defined in section 1861(bbb)), which are performed in excess of the number of sessions covered under such section;''. (5) Annual report to congress.--Not later than April 1, 2007, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(bbb) of the Social Security Act, as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.

Kidney Disease Educational Benefits Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of kidney disease education services.

A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Internet Research Act of 1998''. SEC. 2. FINDINGS. (a) In General.--The Congress finds that-- (1) United States leadership in science and technology has been vital to the Nation's prosperity, national and economic security, and international competitiveness, and there is every reason to believe that maintaining this tradition will lead to long-term continuation of United States strategic advantages in information technology; (2) the United States investment in science and technology has yielded a scientific and engineering enterprise without peer, and that Federal investment in research is critical to the maintenance of United States leadership; (3) previous Federal investment in computer networking technology and related fields has resulted in the creation of new industries and new jobs in the United States; (4) the Internet is playing an increasingly important role in keeping citizens informed of the actions of their government; and (5) continued inter-agency cooperation is necessary to avoid wasteful duplication in Federal networking research and development programs. (b) Additional Findings for the 1991 Act.--Section 2 of the High- Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by-- (1) striking paragraph (4) and inserting the following: ``(4) A high-capacity, flexible, high-speed national research and education computer network is needed to provide researchers and educators with access to computational and information resources, act as a test bed for further research and development for high- capacity and high-speed computer networks, and provide researchers the necessary vehicle for continued network technology improvement through research.''; and (2) adding at the end thereof the following: ``(7) Additional research must be undertaken to lay the foundation for the development of new applications that can result in economic growth, improved health care, and improved educational opportunities. ``(8) Research in new networking technologies holds the promise of easing the economic burdens of information access disproportionately borne by rural users of the Internet. ``(9) Information security is an important part of computing, information, and communications systems and applications, and research into security architectures is a critical aspect of computing, information, and communications research programs.''. SEC. 3. PURPOSES. (a) In General.--The purposes of this Act are-- (1) to authorize, through the High-Performance Computing Act of 1991 (15 U.S.C. 5501 et seq.), research programs related to-- (A) high-end computing and computation; (B) human-centered systems; (C) high confidence systems; and (D) education, training, and human resources; and (2) to provide, through the High-Performance Computing Act of 1991 (15 U.S.C. 5501 et seq.), for the development and coordination of a comprehensive and integrated United States research program which will-- (A) focus on the research and development of a coordinated set of technologies that seeks to create a network infrastructure that can support greater speed, robustness, and flexibility than is currently available and promote connectivity and interoperability among advanced computer networks of Federal agencies and departments; (B) focus on research in technology that may result in high-speed data access for users that is both economically viable and does not impose a geographic penalty; and (C) encourage researchers to pursue approaches to networking technology that lead to maximally flexible and extensible solutions wherever feasible. (b) Modification of Purposes of the 1991 Act.--Section 3 of the High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by-- (1) striking the section caption and inserting the following: ``SEC. 3. PURPOSES.''; (2) striking ``purpose of this Act is'' and inserting ``purposes of this Act are''; (3) striking subparagraph (A) of paragraph (1) and redesignating subparagraphs (B) through (I) as subparagraphs (A) through (H), respectively; (4) striking ``Network'' and inserting ``Internet'' in paragraph (1)(B), as so redesignated by paragraph (3) of this subsection; (5) striking ``and'' at the end of paragraph (1)(H), as so redesignated by paragraph (3) of this subsection; (6) in paragraph (2), by striking ``efforts.'' and inserting ``network research and development programs;''; and (7) adding at the end thereof the following: ``(3) promoting the more rapid development and wider distribution of networking management and development tools; and ``(4) promoting the rapid adoption of open network standards.''. SEC. 4. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM. (a) Program Elements.--Subparagraphs (A) and (B) of section 101(a)(2) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)(A) and (B)) are amended to read as follows: ``(A) provide for the development of technologies to advance the capacity and capabilities of the Internet; ``(B) provide for high performance testbed networks to enable the research, development, and demonstration of advanced networking technologies and to develop and demonstrate advanced applications made possible by the existence of such testbed networks;''. (b) Advisory Committee.--Section 101(b) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is amended by striking ``High-Performance Computing'' in the subsection heading. SEC. 5. NEXT GENERATION INTERNET. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following new section: ``SEC. 103. NEXT GENERATION INTERNET. ``(a) Establishment.--The National Science Foundation, the Department of Energy, the National Institutes of Health, the National Aeronautics and Space Administration, and the National Institute of Standards and Technology may support the Next Generation Internet program. The objectives of the Next Generation Internet program shall be to-- ``(1) support research, development, and demonstration of advanced networking technologies to increase the capabilities and improve the performance of the Internet; ``(2) develop an advanced testbed network connecting a significant number of research sites, including universities, Federal research institutions, and other appropriate research partner institutions, to support networking research and to demonstrate new networking technologies; and ``(3) develop and demonstrate advanced Internet applications that meet important national goals or agency mission needs, and that are supported by the activities described in paragraphs (1) and (2). ``(b) Duties of Advisory Committee.--The President's Information Technology Advisory Committee (established pursuant to section 101(b) by Executive Order No. 13035 of February 11, 1997 (62 F.R. 7131), as amended by Executive Order No. 13092 of July 24, 1998), in addition to its functions under section 101(b), shall-- ``(1) assess the extent to which the Next Generation Internet program-- ``(A) carries out the purposes of this Act; and ``(B) addresses concerns relating to, among other matters-- ``(i) geographic penalties (as defined in section 7(1) of the Next Generation Internet Research Act of 1998); ``(ii) the adequacy of access to the Internet by Historically Black Colleges and Universities, Hispanic Serving Institutions, and small colleges and universities (whose enrollment is less than 5,000) and the degree of participation of those institutions in activities described in subsection (a); and ``(iii) technology transfer to and from the private sector; ``(2) review the extent to which the role of each Federal agency and department involved in implementing the Next Generation Internet program is clear and complementary to, and non-duplicative of, the roles of other participating agencies and departments; ``(3) assess the extent to which Federal support of fundamental research in computing is sufficient to maintain the Nation's critical leadership in this field; and ``(4) make recommendations relating to its findings under paragraphs (1), (2), and (3). ``(c) Reports.--The Advisory Committee shall review implementation of the Next Generation Internet program and shall report, not less frequently than annually, to the President, the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, and the Committee on Science, the Committee on Appropriations, and the Committee on National Security of the House of Representatives on its findings and recommendations for the preceding fiscal year. The first such report shall be submitted 6 months after the date of the enactment of the Next Generation Internet Research Act of 1998 and the last report shall be submitted by September 30, 2000. ``(d) Authorization of Appropriations.--There are authorized to be appropriated for the purposes of this section-- ``(1) for the Department of Energy, $22,000,000 for fiscal year 1999 and $25,000,000 for fiscal year 2000; ``(2) for the National Science Foundation, $25,000,000 for fiscal year 1999 and $25,000,000 for fiscal year 2000, as authorized in the National Science Foundation Authorization Act of 1998; ``(3) for the National Institutes of Health, $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 2000; ``(4) for the National Aeronautics and Space Administration, $10,000,000 for fiscal year 1999 and $10,000,000 for fiscal year 2000; and ``(5) for the National Institute of Standards and Technology, $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 2000. Such funds may not be used for routine upgrades to existing federally funded communication networks. SEC. 6. STUDY OF EFFECTS ON TRADEMARK RIGHTS OF ADDING GENERIC TOP- LEVEL DOMAINS. (a) Study by National Research Council.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short-term and long-term effects on trademark rights of adding new generic top-level domains and related dispute resolution procedures. (b) Matters To Be Assessed in Study.--The study shall assess and, as appropriate, make recommendations for policy, practice, or legislative changes relating to-- (1) the short-term and long-term effects on the protection of trademark rights and consumer interests of increasing or decreasing the number of generic top-level domains; (2) trademark rights clearance processes for domain names, including-- (A) whether domain name databases should be readily searchable through a common interface to facilitate the clearing of trademark rights and proposed domain names across a range of generic top-level domains; (B) the identification of what information from domain name databases should be accessible for the clearing of trademark rights; and (C) whether generic top-level domain registrants should be required to provide certain information; (3) domain name trademark rights dispute resolution mechanisms, including how to-- (A) reduce trademark rights conflicts associated with the addition of any new generic top-level domains; and (B) reduce trademark rights conflicts through new technical approaches to Internet addressing; (4) choice of law or jurisdiction for resolution of trademark rights disputes relating to domain names, including which jurisdictions should be available for trademark rights owners to file suit to protect such trademark rights; (5) trademark rights infringement liability for registrars, registries, or technical management bodies; (6) short-term and long-term technical and policy options for Internet addressing schemes and the impact of such options on current trademark rights issues; and (7) public comments on the interim report and on any reports that are issued by intergovernmental bodies. (c) Cooperation With Study.-- (1) Interagency cooperation.--The Secretary of Commerce shall-- (A) direct the Patent and Trademark Office, the National Telecommunications and Information Administration, and other Department of Commerce entities to cooperate fully with the National Research Council in its activities in carrying out the study under this section; and (B) request all other appropriate Federal departments, Federal agencies, Government contractors, and similar entities to provide similar cooperation to the National Research Council. (2) Private corporation cooperation.--The Secretary of Commerce shall request that any private, not-for-profit corporation established to manage the Internet root server system and the top- level domain names provide similar cooperation to the National Research Council. (d) Reports.-- (1) In general.-- (A) Interim report.--After a period of public comment and not later than 4 months after the date of the enactment of this Act, the National Research Council shall submit an interim report on the study to the Secretary of Commerce. (B) Final report.--After a period of public comment and not later than 9 months after the date of the enactment of this Act, the National Research Council shall complete the study under this section and submit a final report on the study to the Secretary of Commerce. The final report shall set forth the findings, conclusions, and recommendations of the Council concerning the effects of adding new generic top-level domains and related dispute resolution procedures on trademark rights. (2) Submission to congressional committees.-- (A) Interim report.--Not later than 7 days after the date on which the interim report is submitted to the Secretary of Commerce, the Secretary shall submit the interim report to the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate, and to the Committee on Commerce, the Committee on Science, and the Committee on the Judiciary of the House of Representatives. (B) Final report.--Not later than 7 days after the date on which the final report is submitted to the Secretary of Commerce, the Secretary shall submit the final report to the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate, and to the Committee on Commerce, the Committee on Science, and the Committee on the Judiciary of the House of Representatives. (e) Authorization of Appropriations.--There are authorized to be appropriated $800,000 for the study conducted under this section. SEC. 7. DEFINITIONS. (a) In General.--For purposes of this Act-- (1) Geographic penalty.--The term ``geographic penalty'' means the imposition of costs on users of the Internet in rural or other locations, attributable to the distance of the user from network facilities, the low population density of the area in which the user is located, or other factors, that are disproportionately greater than the costs imposed on users in locations closer to such facilities or on users in locations with significantly greater population density. (2) Internet.--The term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks. (b) Additional Definition for the 1991 Act.--Section 4 of the High- Performance Computing Act of 1991 (15 U.S.C. 5503) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks;''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) authorize research programs related to high-end computing and computation, human-centered systems, high confidence systems, and education, training, and human resources; and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program which will focus on a computer network infrastructure that promotes interoperability among advanced Federal computer networks, high-speed data access that is economical and that does not impose a geographic penalty, and flexible and extensible networking technology. Amends the High-Performance Computing Act of 1991 to include among its purposes: (1) promoting the more rapid development and wider distribution of networking management and development tools; and (2) promoting the rapid adoption of open network standards. Directs that the National High-Performance Computing Program provide for: (1) the development of technologies to advance Internet capacity and capabilities; and (2) high-performance testbed networks to enable the research, development, and demonstration of advanced networking technologies and to develop and demonstrate advanced applications. Authorizes the National Science Foundation, the Department of Energy, the National Institutes of Health, the National Aeronautics and Space Administration, and the National Institute of Standards and Technology (the supporting agencies) to support the Next Generation Internet Program (Program). Includes among Program objectives: (1) increasing Internet capabilities and improving Internet performance; (2) developing an advanced testbed network connecting research sites; and (3) developing advanced Internet applications that meet national goals and agency mission needs. Directs the President's Information Technology Advisory Committee to assess the extent to which: (1) the Program carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or other locations that are greater than those imposed on users in large population areas or areas closer to network facilities), technology transfer to and from the private sector, and the adequacy of Internet access by historically Black colleges and universities, Hispanic serving institutions, and small colleges and universities; (2) the roles of Federal departments and agencies involved in implementing the Program are clear, complementary, and non-duplicative; and (3) Federal support in fundamental research in computing is sufficient to maintain U.S. leadership in the field. Requires the Advisory Committee to assess Program implementation and report on its findings and recommendations at least annually to the President and specified congressional committees. Authorizes appropriations to the supporting agencies for FY 1999 and 2000 for the Program. Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study of specified matters relating to the short and long term effects on trademark rights of adding new generic top-level domains and related dispute resolution procedures, including: (1) trademark rights clearance processes for domain names; (2) domain name trademark rights dispute resolution; (3) infringement liability for registrars or technical management bodies; and (4) technical and policy options for Internet addressing schemes. Requires: (1) an interim and final report from the Council to the Secretary; and (2) the submission of such reports to specified congressional committees. Authorizes appropriations for the study.

Next Generation Internet Research Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Shipping Reinvestment Act of 2009''. SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES. (a) In General.--Section 955 of the Internal Revenue Code of 1986 (relating to withdrawal of previously excluded subpart F income from qualified investment) is hereby repealed. (b) Conforming Amendments.-- (1) Section 951(a)(1)(A) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of clause (i) and by striking clause (iii). (2) Section 951(a)(1)(A)(ii) is amended by striking ``, and'' at the end and inserting ``, except that in applying this clause amounts invested in less developed country corporations described in section 955(c)(2) (as so in effect) shall not be treated as investments in less developed countries.''. (3) Section 951(a)(3) of such Code (relating to the limitation on pro rata share of previously excluded subpart F income withdrawn from investment) is hereby repealed. (4) Section 964(b) of such Code is amended by striking ``, 955,''. (5) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 955. (c) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending on or after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. SEC. 3. ONE-TIME TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY UNTAXED FOREIGN BASE COMPANY SHIPPING INCOME. (a) In General.--In the case of a corporation which is a United States shareholder and for which an election under this section is made for the taxable year, for purposes of the Internal Revenue Code of 1986, there shall be allowed as a deduction in computing taxable income under section 63 of such Code an amount equal to 85 percent of the cash distributions which are received during such taxable year by such shareholder from controlled foreign corporations to the extent that the distributions are attributable to income-- (1) which was derived by the controlled foreign corporation in taxable years beginning before January 1, 2005, and (2) which would, without regard to the year earned, be described in section 954(f) (as in effect before the enactment of the American Jobs Creation Act of 2004). (b) Indirect Dividends.--A rule similar to the rule of section 965(a)(2) of the Internal Revenue Code of 1986 shall apply, determined by treating cash distributions which are so attributable as cash dividends. (c) Limitation.--The amount of dividends taken into account under this section shall not exceed the amount permitted to be taken into account under paragraphs (1), (3) (determined by substituting ``December 31, 2008'' for ``October 3, 2004''), and (4) of section 965(b) of the Internal Revenue Code of 1986, determined as if such paragraphs applied to this section. (d) Taxpayer Election and Designation.--For purposes of subsection (a), a taxpayer may, on its return for the taxable year to which this section applies-- (1) elect to apply paragraph (3) of section 959(c) of the Internal Revenue Code of 1986 before paragraphs (1) and (2) thereof, and (2) designate the extent, if any, to which a cash distribution reduces a controlled foreign corporation's earnings and profits attributable to-- (A) foreign base company shipping income (determined under section 954(f) of the Internal Revenue Code of 1986 as in effect before the enactment of the American Jobs Creation Act of 2004), or (B) other earnings and profits. (e) Election.-- (1) In general.--The taxpayer may elect to apply this section to-- (A) the taxpayer's last taxable year which begins before the date of the enactment of this Act, or (B) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. (2) Timing of election and one-time election.--Such election may be made for a taxable year-- (A) only if made on or before the due date (including extensions) for filing the return of tax for such taxable year, and (B) only if no election has been made under this section or section 965 of the Internal Revenue Code of 1986 with respect to the same distribution for any other taxable year of the taxpayer. (f) Reduction in Benefits for Failure To Maintain Employment Levels.-- (1) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer's average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)) shall be taken into account as income by the taxpayer during the taxable year that includes the final day of such period. (2) Prior average employment.--For purposes of this paragraph, the taxpayer's ``prior average employment'' shall be the average number of full time equivalent employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a). (3) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group (as defined in section 264(e)(5)(B) of the Internal Revenue Code of 1986) shall be treated as a single taxpayer. (g) Special Rules.--Rules similar to the rules of subsections (d) and (e) and paragraphs (3), (4), and (5) of subsection (c) of section 965 of the Internal Revenue Code of 1986 shall apply for purposes of this section. (h) Effective Date.--This section shall apply to taxable years ending on or after the date of the enactment of this Act.

American Shipping Reinvestment Act of 2009 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders an election to deduct dividends attributable to foreign base company shipping income received from a controlled foreign corporation.

A bill to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States.

SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the following: ``(d) Registration of Canadian Pesticides by States.-- ``(1) Definitions.--In this subsection: ``(A) Canadian pesticide.--The term `Canadian pesticide' means a pesticide that-- ``(i) is registered for use as a pesticide in Canada; ``(ii) is identical or substantially similar in its composition to a comparable domestic pesticide registered under section 3 of this Act; and ``(iii) is registered in Canada by the registrant of the comparable domestic pesticide or an affiliated entity of the registrant. ``(B) Comparable domestic pesticide.--The term `comparable domestic pesticide' means a pesticide-- ``(i) that is registered under section 3 of this Act; ``(ii) the registration of which is not under suspension; ``(iii) that is not subject to a notice of intent to cancel or suspend, a notice for voluntary cancellation under section 6(f) of this Act, or an enforcement action under this Act; ``(iv) that is used as the basis for comparison for the determinations required under section 24(d)(4) of this Act; ``(v) that is registered for use on the site(s) of application for which registration is sought under this subsection; ``(vi) for which no use is the subject of a pending interim administrative review under section 3(c)(8) of this Act; ``(vii) that is not subject to sales limitations or production caps agreed upon between the Administrator and the registrant or imposed by the Administrator for risk mitigation purposes; and ``(viii) that is not classified as a restricted use pesticide under section 3(d) of this Act. ``(2) Authority to register canadian pesticides.-- ``(A) In general.--A State may register a Canadian pesticide for distribution and use only within the State if the registration complies with this subsection, is consistent with the purposes of this Act, and has not previously been denied or disapproved by the Administrator. A pesticide registered under this subsection shall not be used to produce a pesticide to be registered under section 3 or section 24(c) of this Act. ``(B) Effect of registration.--A registration of a Canadian pesticide by a State under this subsection shall be deemed a registration under section 3 for all purposes of this Act, but shall authorize distribution and use only within such State. ``(C) Registrant.--Any person or State may seek registration of a Canadian pesticide pursuant to this subsection. Such person or State shall be deemed the registrant of the Canadian pesticide under this Act. ``(3) Requirements for registration sought by person.--A person seeking registration from a State of a Canadian pesticide under this subsection must-- ``(A) demonstrate to the State that the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; and ``(B) submit to the State a copy of the label approved by the Pest Management Regulatory Agency for the Canadian pesticide and the label approved by the Administrator for the comparable domestic pesticide. ``(4) State requirements for registration.--A State may register a Canadian pesticide under this subsection only if it-- ``(A) has obtained the confidential statement of formula for the Canadian pesticide; ``(B) determines that the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; ``(C) for each food or feed use authorized by the registration-- ``(i) determines that there exists an adequate tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the residues of the pesticide on the food or feed; and ``(ii) identifies the tolerances or exemptions in the submissions made under subparagraph (D); ``(D) has obtained a label approved by the Administrator, that-- ``(i) duplicates all statements, excluding the establishment number, from the approved labeling of the comparable domestic pesticide that are relevant to the uses registered by the State and deletes all labeling statements relating to uses not registered by the State; ``(ii) identifies the state in which the product may be used; ``(iii) prohibits sale and use outside the state identified in clause (ii); ``(iv) includes a statement indicating that it is unlawful to use the Canadian pesticide in the State in a manner that is inconsistent with the labeling approved by the Administrator pursuant to this subsection; and ``(v) identifies the establishment number of the establishment in which the labeling approved by the Administrator will be affixed to the containers of the Canadian pesticide; and ``(E) notifies, within 10 working days after the State's issuance of a registration under this subsection, the Administrator in writing of the State's action, which notification shall include a statement of the determination made under this paragraph, the effective date of the registration, a confidential statement of formula, and a final printed copy of the labeling approved by the Administrator. ``(5) Disapproval of registration by administrator.--A registration issued by a State under this subsection shall not be effective for more than 90 days if disapproved by the Administrator within that period. The Administrator may disapprove the registration of a Canadian pesticide by a State pursuant to this subsection if the Administrator determines that the registration of the Canadian pesticide by the State does not comply with this subsection or the Federal Food, Drug, and Cosmetic Act, or is inconsistent with the purposes of this Act. ``(6) Labeling of canadian pesticides.-- ``(A) Containers.--Each container containing a Canadian pesticide registered by a State shall at all times bear the label that is approved by the Administrator. The label must be securely attached to the container and must be the only label visible on the container. The original Canadian label on the container must be preserved underneath the label approved by the Administrator. ``(B) Affixing labels.--After a Canadian pesticide is registered under this subsection, the registrant shall prepare labels approved by the Administrator for such Canadian pesticide and shall conduct or supervise all labeling of the Canadian pesticides with the approved labeling. Labeling of the Canadian pesticides pursuant to this subsection must be conducted at an establishment registered by the registrant pursuant to section 7 of this Act. ``(C) Establishment reporting requirements.-- Establishments registered for the sole purpose of labeling required under section 24(d)(6) of this Act are exempt from the reporting requirements provided in section 7(c) of this Act. ``(7) Revocation.--At any time after the registration of a Canadian pesticide, if the Administrator finds that the Canadian pesticide is not identical or substantially similar in composition to a comparable domestic pesticide, the Administrator may issue an emergency order revoking the registration of the Canadian pesticide. Such order shall be immediately effective and may prohibit sale, distribution and use of the Canadian pesticide. Such order may also prescribe terms of a requirement for the registrant of any such Canadian pesticide to purchase and dispose of any unopened product subject to a revocation order. The registrant of a product subject to a revocation order may request a hearing on such order within 10 days of the issuance of such order. If no hearing is requested within the prescribed period, the order shall become final and shall not be subject to judicial review. If a hearing is requested, judicial review may be sought only at the conclusion of the hearing and following the issuance by the Agency of a final revocation order. A final revocation order issued following a hearing shall be reviewable in accordance with section 16 of this Act. ``(8) Suspension of state authority to register canadian pesticides.-- ``(A) In general.--If the Administrator finds that a State that has registered 1 or more Canadian pesticides under this subsection is not capable of exercising adequate controls to ensure that registration under this subsection is consistent with this subsection, other provisions of this Act, or the Federal Food, Drug, and Cosmetic Act, or has failed to exercise adequate controls of one or more Canadian pesticides registered under this subsection, the Administrator may suspend the authority of the State to register Canadian pesticides under this subsection until such time as the Administrator determines that the State can and will exercise adequate control of the Canadian pesticides. ``(B) Notice and opportunity to respond.--Before suspending the authority of a State to register a Canadian pesticide, the Administrator shall-- ``(i) advise the State that the Administrator proposes to suspend the authority and the reasons for the proposed suspension; and ``(ii) before taking final action to suspend under this subsection, the Administrator shall provide the State an opportunity to respond to the proposal to suspend within 30 calendar days of the State's receipt of the Administrator's proposal to suspend. ``(9) Tort liability.-- ``(A) State as registering agency.--No action for monetary damages may be maintained in any Federal court against a State acting as a registering agency under the authority of and consistent with this section for injury or damage resulting from the use of a product registered by the State pursuant to this subsection. ``(B) Registrant.--Actions in tort may not be maintained in any Federal court against a registrant for damages resulting from adulteration or compositional alterations of the registrants product registered under this subsection if the registrant did not and could not reasonably have knowledge of the adulteration or compositional alterations. ``(10) Disclosure of information by administrator to the state.--The Administrator may disclose to a State that is seeking to register a Canadian pesticide in the State information that is necessary for the State to make the determinations required by paragraph (4) if the State certifies to the Administrator that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information provided by the Administrator to the State under this subsection to the same extent as is required under section 10 of this Act. ``(11) Provision of information by registrants of comparable domestic pesticides.--Upon request, the registrant of a comparable domestic pesticide shall provide to a State that is seeking to register a Canadian pesticide in the State pursuant to this subsection information that is necessary for the State to make the determinations required by section 24(d)(4) of this Act if the State certifies to the registrant that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information provided by the registrant to the State under this subsection to the same extent as is required under section 10 of this Act. If the registrant of a comparable domestic pesticide fails to provide to the State, within 15 days of its receipt of a written request by the State, information possessed by or reasonably accessible to the registrant that is necessary to make the determinations required by paragraph (4), the Administrator may assess a penalty against the registrant of the comparable pesticide based on the Administrator's estimate of the difference between the per-acre cost of the application of the comparable domestic pesticide and the application of the Canadian pesticide multiplied by the acreage in the State of the commodity for which the State registration is sought. No penalty under this subsection shall be assessed unless the registrant assessed shall have been given notice and opportunity for a hearing as provided by section 14(a)(3) of this Act. The only matters for resolution at that hearing will be whether the registrant of the comparable domestic pesticide failed to timely provide to the State the information possessed by or reasonably accessible to the registrant that was necessary to make the determinations required by paragraph (4) and the amount of the penalty. ``(12) Penalty for disclosure by state employee.--The State shall not make public information obtained under paragraphs (10) and (11) of this subsection that is privileged and confidential and contains or relates to trade secrets or commercial or financial information. Any State employee who has willfully disclosed information described in this paragraph shall be subject to penalties prescribed in section 10(f) of this Act. ``(13) Data compensation.--A State or person registering a Canadian pesticide under this subsection shall not be liable for compensation for data supporting such registration if the registration of the Canadian pesticide in Canada and the registration of the comparable domestic pesticide are held by the same registrant or by affiliated entities. ``(14) Formulation change.--The registrant of a comparable domestic pesticide must notify the Administrator of any change in the formulation of a comparable domestic pesticide or a Canadian pesticide registered by such registrant or its affiliate at least 30 days prior to any sale or distribution of the pesticide containing the new formulation. The registrant of the comparable domestic pesticide must submit, with its notice to the Administrator pursuant to this paragraph, the confidential statement of formula for the new formulation if the registrant has possession of or reasonable access to such information. If the registrant fails to provide notice or submit a confidential statement of formula as required by this paragraph, the Administrator may issue a notice of intent to suspend the registration of the comparable domestic pesticide for a period of no less than one year. Suspension shall become final within 30 days of the Administrator's issuance of the notice of intent to suspend, unless during that time the registrant requests a hearing. If a hearing is requested, a hearing shall be conducted under section 6(d) of this Act. The only matter for resolution at that hearing will be whether the registrant has failed to provide notice or submit a confidential statement of formula as required by this paragraph.''. (b) Conforming Amendment.--Section 24(c)(4) is amended in the first sentence by striking ``If the Administrator'' and inserting the following: ``Except as otherwise provided in section 24(d)(8), if the Adminstrator''.

Amends the Federal Insecticide, Fungicide, and Rodenticide Act to permit State registration of a Canadian pesticide for distribution and use within such State, subject to certain requirements.Prohibits actions in Federal court against: (1) States acting as registering agencies for damages resulting from the use of a product registered under this Act; or (2) registrants for damages resulting from adulteration or compositional alterations of such a product if the registrant could not reasonably have knowledge of such adulteration or alterations.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is estimated that there are 17,000,000 patients with diabetes in the United States and that diabetes costs the United States $132,000,000,000 each year. (2) There has been a 61 percent increase in the number of Americans with diabetes since 1990. (3) Fifteen percent of people with diabetes will experience a foot ulcer, and between 14 and 24 percent of those with a foot ulcer will require an amputation. (4) The increased incidence of diabetes has resulted in more lower extremity amputations. From 1980 to 1996, the number of diabetes-related hospital discharges with lower extremity amputations increased from 36,000 to 86,000 per year. (5) The Medicare costs for diabetes patients with foot ulcers is 3 times higher than for diabetes patients in general, and inpatient care accounts for 74 percent of diabetic ulcer- related costs. Therefore, cost effective ulcer prevention and treatment interventions will reduce Medicare costs. (6) Lower extremity amputations are devastating to the patient, and with an average cost of $60,000, these procedures are a costly burden on the health system. (7) Research shows that a multidisciplinary approach, including preventive strategies, patient and staff education, and treatment of foot ulcers, has been reported to reduce amputation rates by more than 50 percent at a fraction of the cost. SEC. 3. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 330L the following: ``SEC. 330M. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. ``(a) Grants.--Subject to subsection (b), the Secretary shall award grants to eligible entities for the following: ``(1) Providing a high-risk, underserved population with screening, education, and evidence-based medical treatment regarding diabetic foot complications that may lead to lower extremity amputations. ``(2) Evaluating the quality, cost effectiveness, parity, and patient satisfaction of medical interventions in the prevention of diabetic foot complications and lower extremity amputations. ``(b) Restriction.--A grant under this section may be used to pay for a treatment only if the treatment is preventive in nature or is part of comprehensive outpatient care. ``(c) Eligible Entities.--For purposes of this section, the term `eligible entity' means a multidisciplinary health care program, which may be university-based, that demonstrates to the Secretary's satisfaction the following: ``(1) An ability to provide high-quality, cost-effective, and accessible treatment to a patient population that has a high incidence of diabetes relative to the national average and a general inability to access diabetic foot treatment programs. ``(2) An ability to successfully educate patients and health care providers about preventive health care measures and treatment methods for diabetic foot complications. ``(3) An ability to analyze and compile the results of research on diabetic foot complications and conduct additional research on diabetic foot complications. ``(d) Criteria.--The Secretary, in consultation with appropriate professional organizations, shall develop criteria for carrying out the grant program under this section and for collecting data to evaluate the effectiveness of the grant program. These criteria shall ensure the following: ``(1) The establishment of an authoritative, collaborative, multi-center study on the impact of comprehensive prevention and treatment of diabetic foot complications in high-risk, underserved populations, upon which future determinations can be based. ``(2) The establishment, in coordination with grant recipients, of evidence-based guidelines and standardized measurement outcomes that may be used to evaluate the overall results of projects under this section. ``(3) The provision to grant recipients of the necessary resources to develop programs that effectively treat patients. ``(e) Application.--To seek a grant under this section, an eligible entity must submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. ``(f) Evaluations.--The Secretary may not award a grant to an eligible entity under this section unless the entity agrees to submit to the Secretary a yearly evaluation of the entity's operations and activities carried out under the grant. ``(g) Study; Report.--Annually, the Secretary-- ``(1) shall conduct an authoritative study on the results of grants under this section, for the purpose of better informing future determinations regarding education, screening, and treatment of diabetic foot complications; and ``(2) shall submit a report on the findings and conclusions of the study to the Congress. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 through 2010.''.

Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible multidisciplinary health care programs for: (1) providing a high-risk, underserved population with screening, education, and evidence-based medical treatment regarding diabetic foot complications that may lead to lower extremity amputations; and (2) evaluating the quality, cost effectiveness, parity, and patient satisfaction of medical interventions in the prevention of diabetic foot complications and lower extremity amputations.

To amend the Public Health Service Act to authorize grants for education, screening, and treatment with the goal of preventing diabetic foot complications and lower extremity amputations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nepal Trade Preferences Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that it should be an objective of the United States to use trade policies and trade agreements to contribute to the reduction of poverty and the elimination of hunger. SEC. 3. ELIGIBILITY REQUIREMENTS. (a) In General.--The President may authorize the provision of preferential treatment under this Act to articles that are imported directly from Nepal into the customs territory of the United States pursuant to section 4 if the President determines-- (1) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 104(a) of the African Growth and Opportunity Act (19 U.S.C. 3703(a)); and (2) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the eligibility requirements of such section 502. (b) Withdrawal, Suspension, or Limitation of Preferential Treatment; Mandatory Graduation.--The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.). SEC. 4. ELIGIBLE ARTICLES. (a) In General.--An article described in subsection (b) may enter the customs territory of the United States free of duty. (b) Articles Described.-- (1) In general.--An article is described in this subsection if-- (A)(i) the article is the growth, product, or manufacture of Nepal; and (ii) in the case of a textile or apparel article, Nepal is the country of origin of the article, as determined under section 102.21 of title 19, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act); (B) the article is imported directly from Nepal into the customs territory of the United States; (C) the article is classified under any of the following subheadings of the Harmonized Tariff Schedule of the United States (as in effect on the day before the date of the enactment of this Act): 4202.11.00............................ 4202.22.60................... 4202.92.08 4202.12.20............................ 4202.22.70................... 4202.92.15 4202.12.40............................ 4202.22.80................... 4202.92.20 4202.12.60............................ 4202.29.50................... 4202.92.30 4202.12.80............................ 4202.29.90................... 4202.92.45 4202.21.60............................ 4202.31.60................... 4202.92.60 4202.21.90............................ 4202.32.40................... 4202.92.90 4202.22.15............................ 4202.32.80................... 4202.99.90 4202.22.40............................ 4202.32.95................... 4203.29.50 4202.22.45............................ 4202.91.00................... ......................................... ......................................... 5701.10.90............................ 5702.91.30................... 5703.10.80 5702.31.20............................ 5702.91.40................... 5703.90.00 5702.49.20............................ 5702.92.90................... 5705.00.20 5702.50.40............................ 5702.99.15................... ......................................... 5702.50.59............................ 5703.10.20................... ......................................... ......................................... 6117.10.60............................ 6214.20.00................... 6217.10.85 6117.80.85............................ 6214.40.00................... 6301.90.00 6214.10.10............................ 6214.90.00................... 6308.00.00 6214.10.20............................ 6216.00.80................... ......................................... ......................................... 6504.00.90............................ 6505.00.30................... 6505.00.90 6505.00.08............................ 6505.00.40................... 6506.99.30 6505.00.15............................ 6505.00.50................... 6506.99.60 6505.00.20............................ 6505.00.60................... ......................................... 6505.00.25............................ 6505.00.80................... ......................................... (D) the President determines, after receiving the advice of the United States International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 (19 U.S.C. 2463(e)), that the article is not import-sensitive in the context of imports from Nepal; and (E) subject to paragraph (3), the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Nepal or the customs territory of the United States is not less than 35 percent of the appraised value of the article at the time it is entered. (2) Exclusions.--An article shall not be treated as the growth, product, or manufacture of Nepal for purposes of paragraph (1)(A)(i) by virtue of having merely undergone-- (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (3) Limitation on united states cost.--For purposes of paragraph (1)(E), the cost or value of materials produced in, and the direct costs of processing operations performed in, the customs territory of the United States and attributed to the 35-percent requirement under that paragraph may not exceed 15 percent of the appraised value of the article at the time it is entered. (c) Verification With Respect to Transshipment for Textile and Apparel Articles.-- (1) In general.--Not later than April 1, July 1, October 1, and January 1 of each year, the Commissioner responsible for U.S. Customs and Border Protection shall verify that textile and apparel articles imported from Nepal to which preferential treatment is extended under this Act are not being unlawfully transshipped into the United States. (2) Report to president.--If the Commissioner determines pursuant to paragraph (1) that textile and apparel articles imported from Nepal to which preferential treatment is extended under this Act are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President. SEC. 5. TRADE FACILITATION AND CAPACITY BUILDING. (a) Findings.--Congress makes the following findings: (1) As a land-locked least-developed country, Nepal has severe challenges reaching markets and developing capacity to export goods. As of 2015, exports from Nepal are approximately $800,000,000 per year, with India the major market at $450,000,000 annually. The United States imports about $80,000,000 worth of goods from Nepal, or 10 percent of the total goods exported from Nepal. (2) The World Bank has found evidence that the overall export competitiveness of Nepal has been declining since 2005. Indices compiled by the World Bank and the Organization for Economic Co-operation and Development found that export costs in Nepal are high with respect to both air cargo and container shipments relative to other low-income countries. Such indices also identify particular weaknesses in Nepal with respect to automation of customs and other trade functions, involvement of local exporters and importers in preparing regulations and trade rules, and export finance. (3) Implementation by Nepal of the Agreement on Trade Facilitation of the World Trade Organization could directly address some of the weaknesses described in paragraph (2). (b) Establishment of Trade Facilitation and Capacity Building Program.--Not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the Government of Nepal, establish a trade facilitation and capacity building program for Nepal-- (1) to enhance the central export promotion agency of Nepal to support successful exporters and to build awareness among potential exporters in Nepal about opportunities abroad and ways to manage trade documentation and regulations in the United States and other countries; (2) to provide export finance training for financial institutions in Nepal and the Government of Nepal; (3) to assist the Government of Nepal in maintaining publication of all trade regulations, forms for exporters and importers, tax and tariff rates, and other documentation relating to exporting goods on the Internet and developing a robust public-private dialogue, through its National Trade Facilitation Committee, for Nepal to identify timelines for implementation of key reforms and solutions, as provided for under the Agreement on Trade Facilitation of the World Trade Organization; and (4) to increase access to guides for importers and exporters on the Internet, including rules and documentation for United States tariff preference programs. SEC. 6. REPORTING REQUIREMENT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall monitor, review, and report to Congress on the implementation of this Act, the compliance of Nepal with section 3(a), and the trade and investment policy of the United States with respect to Nepal. SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT. No preferential treatment extended under this Act shall remain in effect after December 31, 2025. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 2016.

Nepal Trade Preferences Act It is the sense of Congress that it should be an objective of the United States to use trade policies and trade agreements to reduce poverty and eliminate hunger. The President may give preferential treatment to certain articles imported directly from Nepal into the U.S. customs territory if that country meets certain requirements under the African Growth and Opportunity Act, including a market-based economy and the rule of law, the protection of human rights and internationally-recognized worker rights, elimination of trade barriers to the United States, and non-engagement in activities that undermine U.S. national security or foreign policy interests or support acts of international terrorism. Nepal must also meet certain eligibility criteria for designation as a beneficiary developing country under the Trade Act of 1974. Certain leather articles (trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers) and textile or apparel articles imported directly from Nepal may enter the U.S. customs territory duty-free if: the article is the growth, product, or manufacture of Nepal; Nepal is the country of origin of the textile or apparel article; the President determines, after receiving advice from the U.S. International Trade Commission (USITC), that the article is not import-sensitive; and the sum of the cost or value of the materials produced in, and the manufacturing costs performed in, Nepal or the U.S. customs territory is at least 35% of the appraised value of the article at the time it is entered. Limits to 15% of the appraised value of an article at the time it is entered the cost or value of the materials produced in, and the manufacturing costs performed in, the U.S. customs territory and attributed to the 35% requirement. The U.S. Customs and Border Protection must verify annually that textile and apparel articles imported duty-free into the United States from Nepal are not being unlawfully transshipped into the United States. The President shall establish a trade facilitation and capacity building program to assist Nepal in the export of goods. The extension of preferential treatment to Nepal shall terminate after December 31, 2025.

Nepal Trade Preferences Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Torture Victims Relief Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The American people abhor torture and the use of atrocities by repressive governments. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the strategic use of pain to destroy both individuals and society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments use torture as a weapon against democracy. (4) Torture victims remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture victims are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers deserve, and often require, protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of governmental torture. Those claiming asylum deserve prompt consideration of the applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) Building democratic cultures requires not only legal and political institution-building, but also addressing the physical, psychological, and spiritual damage of repression, in order to foster a climate and opportunity of healing for the victims and for society. (7) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored acts of torture. (8) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers as part of the overall objective of eliminating torture. (9) By acting to heal the survivors of torture and protect their families, the United States can move to defeat the actions of torturers. SEC. 3. DEFINITIONS. As used in this Act: (1) Asylee.--The term ``asylee'' is used within the meaning of section 208 of the Immigration and Nationality Act. (2) Refugee.--The term ``refugee'' has the same meaning given to the term in section 101(a)(42) of the Immigration and Nationality Act. (3) Special Inquiry Officer.--The term ``special inquiry officer'' is used within the meaning of the Immigration and Nationality Act. (4) Torture.--The term ``torture'' has the same meaning given to the term in section 2340(1) of title 18, United States Code, and includes the use of rape by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) In General.--Any alien-- (1) who presents a credible claim of having been subjected to torture in his or her country of nationality, or, in the case of an alien having no nationality, the country in which the alien last habitually resided, and (2) who applies for-- (A) refugee status under section 207 of the Immigration and Nationality Act, (B) asylum under section 208 of that Act, or (C) withholding of deportation under section 243(h) of that Act, shall be processed in accordance with this section. (b) Consideration of the Effects of Torture.--In considering applications for refugee status, asylum, or withholding of deportation made by aliens described in subsection (a), the appropriate officials shall take into account-- (1) the manner in which the effects of torture can affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act, a refugee who presents a credible claim of having been subjected to torture shall be considered to be a refugee of special humanitarian concern to the United States and shall be accorded priority in selection from the waiting list of such refugees based on compelling humanitarian concerns. (d) Expedited Processing for Asylum and Withholding of Deportation.--Upon the request of the alien, the alien's counsel, or a health care professional treating the alien, an asylum officer or special inquiry officer may expedite the scheduling of an asylum interview or an exclusion or deportation proceeding for an alien described in subsection (a), if such officer determines that an undue delay in making a determination regarding asylum or withholding of deportation with respect to the alien would aggravate the physical or psychological effects of torture upon the alien. (e) Parole In Lieu of Detention.--Any alien described in subsection (a) who, upon inspection at a port of entry of the United States, is found to suffer from the effects of torture, such as depressive and anxiety disorders, shall, in lieu of detention, be granted parole under section 212(d)(5) of the Immigration and Nationality Act. (f) Sense of Congress.--It is the sense of Congress that the Attorney General shall allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service information relating to the use of torture in foreign countries. SEC. 5. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, special inquiry officers, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of the evidence of torture; (2) the identification of the surrounding circumstances in which torture is practiced; (3) the long-term effects of torture upon the individual; (4) the identification of the physical, cognitive, and emotional effects of torture, including depressive and anxiety disorders, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a)(4) or subsection (a)(5), gender specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 6. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES. (a) Study.--The Center for Disease Control shall conduct a study with respect to refugees and asylees admitted to the United States since October 1, 1987, who were tortured abroad, for the purpose of identifying-- (1) the estimated number and geographic distribution of such persons; (2) the needs of such persons for recovery services; and (3) the availability of such services. (b) Report.--Not later than December 31, 1997, the Center for Disease Control shall submit a report to the Judiciary Committees of the House of Representatives and the Senate setting forth the findings of the study conducted under subsection (a), together with any recommendation for increasing the services available to persons described in subsection (a), including any recommendation for legislation, if necessary. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(g) Assistance for Treatment of Torture Victims.--(1) The Director is authorized to provide grants to eligible programs to cover the cost of services described in paragraph (3) for aliens who entered the United States since October 1, 1987. ``(2) Programs eligible for assistance under this subsection are programs in the United States which are carrying out services described in paragraph (3). ``(3) The services described in paragraph (1) are-- ``(A) services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture; ``(B) social services for victims of torture; and ``(C) research and training for health care providers outside of treatment centers for the purpose of enabling such providers to provide the services described in subparagraph (A). ``(4) For purposes of this subsection, the term `torture' has the same meaning given to the term in section 3(4) of the Comprehensive Torture Victims Relief Act.''. (b) Authorization of Appropriations.--(1) Of amounts authorized to be appropriated to carry out section 414 of the Immigration and Nationality Act (8 U.S.C. 1524) for fiscal year 1995, there are authorized to be appropriated $20,000,000 for that fiscal year to carry out section 412(g) of that Act (relating to assistance for domestic centers for the treatment of victims of torture). (2) Amounts appropriated pursuant to this subsection are authorized to remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 8. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 is amended by adding at the end of chapter 1 the following new section: ``Sec. 129. Assistance for Victims of Torture.--(a) The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Such assistance shall be provided in the form of grants to treatment centers in foreign countries which are carrying out programs specifically designed to treat victims of torture for the physical and psychological effect of the torture. ``(c) Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers for the purpose of enabling such providers to provide the services described in paragraph (1). ``(d) For purposes of this section, the term `torture' has the same meaning given to such term in section 3(4) of the Comprehensive Torture Victims Relief Act.''. (b) Authorization of Appropriations.--(1) Of the total amount authorized to be appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 for fiscal year 1995, there are authorized to be appropriated to the President $20,000,000 to carry out section 129 of that Act for that fiscal year. (2) Amounts appropriated pursuant to this subsection are authorized to remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 9. MULTILATERAL ASSISTANCE. (a) Authorization of Appropriations.--Of the amounts authorized to be appropriated to carry out section 301 of the Foreign Assistance Act of 1961 (relating to international organizations and programs), there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) For fiscal year 1995, $5,000,000. (2) For fiscal year 1996, $6,000,000. (3) For fiscal year 1997, $7,000,000. (4) For fiscal year 1998, $8,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended. (c) Sense of Congress.--It is the sense of the Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country. S 2362 IS----2

Comprehensive Torture Victims Relief Act - Expedites refugee and asylum application procedures for torture victims. Directs the Centers for Disease Control to study torture victims living in the United States in order to identify their estimated number and distribution and the availability of recovery services. Amends the Immigration and Nationality Act to authorize appropriations for domestic treatment centers. Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) foreign treatment centers; and (2) assistance to the United Nations Voluntary Fund for Victims of Torture.

Comprehensive Torture Victims Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Life Education Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The American Medical Association (``AMA''), the American Nurses Association (``ANA''), the American Academy of Pediatrics (``AAP''), the American College of Obstetricians and Gynecologists (``ACOG''), the American Public Health Association (``APHA''), and the Society of Adolescent Medicine (``SAM''), support responsible sexuality education that includes information about both abstinence and contraception. (2) Recent scientific reports by the Institute of Medicine, the American Medical Association and the Office on National AIDS Policy stress the need for sexuality education that includes messages about abstinence and provides young people with information about contraception for the prevention of teen pregnancy, HIV/AIDS and other sexually transmitted diseases (``STDs''). (3) Research shows that teenagers who receive sexuality education that includes discussion of contraception are more likely than those who receive abstinence-only messages to delay sexual activity and to use contraceptives when they do become sexually active. (4) Comprehensive sexuality education programs respect the diversity of values and beliefs represented in the community and will complement and augment the sexuality education children receive from their families. (5) The median age of puberty is 13 years and the average age of marriage is over 26 years old. American teens need access to full, complete, and medically and factually accurate information regarding sexuality, including contraception, STD/ HIV prevention, and abstinence. (6) Although teen pregnancy rates are decreasing, there are still between 750,000 and 850,000 teen pregnancies each year. Between 75 and 90 percent of teen pregnancies among 15- to 19- year olds are unintended. (7) Research shows that 75 percent of the decrease in teen pregnancy between 1988 and 1995 was due to improved contraceptive use, while 25 percent was due to increased abstinence. (8) More than eight out of ten Americans believe that young people should have information about abstinence and protecting themselves from unplanned pregnancies and sexually transmitted diseases. (9) United States teens acquire an estimated 4,000,000 sexually transmitted infections each year. By age 24, at least one in three sexually active people will have contracted a sexually transmitted disease. (10) An average of two young people in the United States are infected with HIV every hour of every day. African Americans and Hispanic youth have been disproportionately affected by the HIV/AIDS epidemic. Although less than 16 percent of the adolescent population in the United States is African American, nearly 50 percent of AIDS cases through June 2000 among 13- to 19-year olds were among Blacks. Hispanics comprise 13 percent of the population and 20 percent of the reported adolescent AIDS cases though June 2000. SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER SEXUALLY TRANSMITTED DISEASES AND TO SUPPORT HEALTHY ADOLESCENT DEVELOPMENT. (a) In General.--Each eligible State shall be entitled to receive from the Secretary of Health and Human Services, for each of the fiscal years 2006 through 2010, a grant to conduct programs of family life education, including education on both abstinence and contraception for the prevention of teenage pregnancy and sexually transmitted diseases, including HIV/AIDS. (b) Requirements for Family Life Programs.--For purposes of this Act, a program of family life education is a program that-- (1) is age-appropriate and medically accurate; (2) does not teach or promote religion; (3) teaches that abstinence is the only sure way to avoid pregnancy or sexually transmitted diseases; (4) stresses the value of abstinence while not ignoring those young people who have had or are having sexual intercourse; (5) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy; (6) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of contracting sexually transmitted diseases, including HIV/AIDS; (7) encourages family communication about sexuality between parent and child; (8) teaches young people the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical, and sexual advances and how not to make unwanted verbal, physical, and sexual advances; and (9) teaches young people how alcohol and drug use can effect responsible decisionmaking. (c) Additional Activities.--In carrying out a program of family life education, a State may expend a grant under subsection (a) to carry out educational and motivational activities that help young people-- (1) gain knowledge about the physical, emotional, biological, and hormonal changes of adolescence and subsequent stages of human maturation; (2) develop the knowledge and skills necessary to ensure and protect their sexual and reproductive health from unintended pregnancy and sexually transmitted disease, including HIV/AIDS throughout their lifespan; (3) gain knowledge about the specific involvement of and male responsibility in sexual decisionmaking; (4) develop healthy attitudes and values about adolescent growth and development, body image, gender roles, racial and ethnic diversity, sexual orientation, and other subjects; (5) develop and practice healthy life skills including goal-setting, decisionmaking, negotiation, communication, and stress management; (6) promote self-esteem and positive interpersonal skills focusing on relationship dynamics, including, but not limited to, friendships, dating, romantic involvement, marriage and family interactions; and (7) prepare for the adult world by focusing on educational and career success, including developing skills for employment preparation, job seeking, independent living, financial self- sufficiency, and workplace productivity. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that while States are not required to provide matching funds, they are encouraged to do so. SEC. 5. EVALUATION OF PROGRAMS. (a) In General.--For the purpose of evaluating the effectiveness of programs of family life education carried out with a grant under section 3, evaluations of such program shall be carried out in accordance with subsections (b) and (c). (b) National Evaluation.-- (1) In general.--The Secretary shall provide for a national evaluation of a representative sample of programs of family life education carried out with grants under section 3. A condition for the receipt of such a grant is that the State involved agree to cooperate with the evaluation. The purposes of the national evaluation shall be the determination of-- (A) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (B) the effectiveness of such programs in preventing adolescent pregnancy; (C) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/ AIDS; (D) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs; and (E) a list of best practices based upon essential programmatic components of evaluated programs that have led to success in subparagraphs (A) through (D). (2) Report.--A report providing the results of the national evaluation under paragraph (1) shall be submitted to the Congress not later than March 31, 2011, with an interim report provided on a yearly basis at the end of each fiscal year. (c) Individual State Evaluations.-- (1) In general.--A condition for the receipt of a grant under section 3 is that the State involved agree to provide for the evaluation of the programs of family education carried out with the grant in accordance with the following: (A) The evaluation will be conducted by an external, independent entity. (B) The purposes of the evaluation will be the determination of-- (i) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (ii) the effectiveness of such programs in preventing adolescent pregnancy; (iii) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/AIDS; and (iv) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs. (2) Use of grant.--A condition for the receipt of a grant under section 3 is that the State involved agree that not more than 10 percent of the grant will be expended for the evaluation under paragraph (1). SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``eligible State'' means a State that submits to the Secretary an application for a grant under section 3 that is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. (2) The term ``HIV/AIDS'' means the human immunodeficiency virus, and includes acquired immune deficiency syndrome. (3) The term ``medically accurate'', with respect to information, means information that is supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and where relevant, published in peer review journals. (4) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. APPROPRIATIONS. (a) In General.--For the purpose of carrying out this Act, there is authorized to be appropriated $206,000,000 for each of the fiscal years 2006 through 2010. (b) Allocations.--Of the amounts appropriated under subsection (a) for a fiscal year-- (1) not more than 7 percent may be used for the administrative expenses of the Secretary in carrying out this Act for that fiscal year; and (2) not more than 10 percent may be used for the national evaluation under section 5(b).

Family Life Education Act - Requires the Secretary of Health and Human Services to make grants to States for family life education, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that States are encouraged but not required to provide matching funds. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in changing adolescent sexual behavior, including delaying sexual and high-risk activity, preventing pregnancy and disease (including HIV/AIDS), and increasing contraceptive knowledge. Requires States receiving such grants to provide for an individual evaluation of the State's program by an external, independent entity.

To provide for the reduction of adolescent pregnancy, HIV rates, and other sexually transmitted diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015'' or the ``RAISE Family Caregivers Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Family Caregiving Advisory Council convened under section 4. (2) Family caregiver.--The term ``family caregiver'' means a relative, partner, friend, or neighbor who has a significant relationship with, and who provides a broad range of assistance for, a person with a chronic or other health condition, disability, or functional limitation. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Strategy.--The term ``Strategy'' means the National Family Caregiving Strategy established, maintained, and updated under section 3. SEC. 3. NATIONAL FAMILY CAREGIVING STRATEGY. (a) In General.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop, maintain, and periodically update a National Family Caregiving Strategy. (b) Contents.--The Strategy shall identify specific actions that Federal, State, and local governments, communities, health care, long- term services and supports and other providers, employers, and others can take to recognize and support family caregivers in a culturally competent manner, including with respect to the following: (1) Promoting greater adoption of person- and family- centered care in all health and long-term services and supports settings, with the person receiving services and support and the family caregiver (as appropriate) at the center of care teams. (2) Assessment and service planning (including care transitions and coordination) involving family caregivers and care recipients. (3) Training and other supports. (4) Information, education, referral, and care coordination, including hospice, palliative care, and advance planning services. (5) Respite options. (6) Financial security. (7) Workplace policies and supports that allow family caregivers to remain in the workforce. (c) Responsibilities of the Secretary.--The Secretary, in carrying out this section, shall be responsible for the following: (1) Collecting and making publically available information, including evidence-based or promising practices and innovative models (both domestically and internationally) regarding the provision of care by family caregivers or support for family caregivers. (2) Coordinating Federal Government programs and activities to recognize and support family caregivers while ensuring maximum effectiveness and avoiding unnecessary duplication. (3) Providing technical assistance, such as best practices and information sharing, to State or local efforts, as appropriate, to support family caregivers. (4) Addressing disparities in recognizing and supporting family caregivers and meeting the needs of the diverse family caregiving population. (5) Assessing all Federal programs regarding family caregivers, including with respect to funding levels. (d) Initial Strategy; Updates.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, develop, publish, and submit to Congress the initial Strategy incorporating the items addressed in the Advisory Council's report in section 4(d)(2) and other priority actions for recognizing and supporting family caregivers; and (2) not less than annually, update, republish, and submit to Congress the Strategy, taking into account the most recent annual report submitted under section 4(d)(1)-- (A) to reflect new developments, challenges, opportunities, and solutions; and (B) to assess progress in implementation of the Strategy and, based on the results of such assessment, recommend priority actions for such implementation. (e) Process for Public Input.--The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. (f) No Preemption.--Nothing in this Act preempts any authority of a State or local government to recognize or support family caregivers. SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL. (a) Convening.--The Secretary shall convene a Family Caregiving Advisory Council to provide advice to the Secretary on recognizing and supporting family caregivers. (b) Membership.-- (1) In general.--The members of the Advisory Council shall consist of-- (A) the Federal members under paragraph (2); and (B) the appointed members under paragraph (3). (2) Federal members.--The Federal members of the Advisory Council shall consist of the following: (A) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator's designee). (B) The Administrator of the Administration for Community Living (or the Administrator's designee who has experience in both aging and disability). (C) The Assistant Secretary for the Administration for Children and Families (or the Assistant Secretary's designee). (D) The Secretary of Veterans Affairs (or the Secretary's designee). (E) The Secretary of Labor (or the Secretary's designee). (F) The Secretary of the Treasury (or the Secretary's designee). (G) The National Coordinator for Health Information Technology (or the National Coordinator's designee). (H) The heads of other Federal departments or agencies (or their designees), as appointed by the President or the Chair of the Advisory Council. (3) Appointed members.--In addition to the Federal members under paragraph (2), the Secretary shall appoint not more than 15 members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least one representative of each of the following: (A) Family caregivers. (B) Older adults with long-term services and supports needs. (C) Individuals with disabilities. (D) Advocates for family caregivers, older adults with long-term services and supports needs, and individuals with disabilities. (E) Health care and social service providers. (F) Long-term-services-and-support providers. (G) Employers. (H) Direct care workers or advocates for such workers. (I) State and local officials. (J) Accreditation bodies. (K) Relevant industries. (L) Veterans. (M) As appropriate, other experts in family caregiving. (4) Diverse representation.--The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of-- (A) the overall population; and (B) family caregivers. (c) Meetings.--The Advisory Council shall meet quarterly. Meetings of the Advisory Council shall be open to the public. (d) Advisory Council Annual Reports.-- (1) In general.--Not later than 15 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary and Congress a report concerning the development, maintenance, and updating of the Strategy and the implementation thereof, including a description of the outcomes of the recommendations and priorities under paragraph (2), as appropriate. Such report shall be made publically available by the Advisory Council. (2) Initial report.--The Advisory Council's initial report under paragraph (1) shall include-- (A) an inventory and assessment of all federally funded efforts to recognize and support family caregivers and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching family caregivers and gaps in such efforts; (B) recommendations for priority actions-- (i) to improve and better coordinate programs; and (ii) to deliver services based on the performance, mission, and purpose of a program while eliminating redundancies and ensuring the needs of family caregivers are met; (C) recommendations to reduce the financial impact and other challenges of caregiving on family caregivers; and (D) an evaluation of how family caregiving impacts the Medicare program, the Medicaid program, and other Federal programs. SEC. 5. SHARING OF DATA. The heads of Federal departments and agencies, as appropriate, shall share with the Secretary any data that is-- (1) maintained by the respective department or agency; and (2) needed by the Secretary to prepare the initial and updated Strategies under section 3(d). SEC. 6. SUNSET PROVISION. The authority and obligations established by this Act shall terminate on December 31, 2030.

Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015 or the RAISE Family Caregivers Act This bill directs the Department of Health and Human Services (HHS) to develop, maintain, and periodically update a National Family Caregiving Strategy. HHS shall convene a Family Caregiving Advisory Council to advise it on recognizing and supporting family caregivers. Federal departments and agencies must share with HHS any data they maintain that HHS needs to prepare the initial and updated Strategies.

RAISE Family Caregivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Transparency in Trade Act''. SEC. 2. PUBLICATIONS OF TEXTS OF TRADE AGREEMENTS AFTER EACH ROUND OF NEGOTIATIONS. (a) Negotiations.--Section 105(a)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(E) publish the United States position on a publicly available Internet website at the conclusion of each negotiating round for the proposed agreement.''. (b) Procedural Disapproval Resolution.--Section 106(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)) is amended-- (1) in paragraph (1)-- (A) in the heading, by striking ``or Consultations'' and inserting ``, Consultations, or Publication of Positions''; and (B) in subparagraph (B)-- (i) in clause (i)-- (I) by striking ``to notify or consult'' and all that follows through ``on negotiations'' and inserting ``, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish United States positions with respect to, negotiations''; and (II) by striking ``notify or consult.'' and inserting ``notify, consult, or publish United States positions.''; and (ii) in clause (ii)-- (I) in the matter preceding subclause (I), by striking ``has `failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015' on negotiations'' and inserting ``has `failed, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish United States positions with respect to,' negotiations''; (II) in subclause (III), by striking ``or'' at the end; (III) in subclause (IV), by striking the period at the end and inserting ``; or''; and (IV) by adding at the end the following: ``(V) the President has failed, under section 105(a)(1)(E), to publish the United States position at the conclusion of each negotiating round of the parties on the agreement.''; and (2) in paragraphs (3)(C) and (4)(C), by striking ``to notify or consult'' and all that follows through ``on negotiations'' and inserting ``, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish United States positions with respect to, negotiations''. (c) Definitions.--Section 111 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 is amended-- (1) by redesignating paragraphs (19) through (23) as paragraphs (20) through (24), respectively; (2) by inserting after paragraph (18) the following new paragraph: ``(19) United states position.--The term `United States position' means, with respect to a negotiating round, the full text of each proposal comprising the negotiating position of the United States at the conclusion of such negotiating round and includes each new proposal offered by the United States at such negotiating round.''; (3) by redesignating paragraphs (21) through (24) (as so designated under paragraph (1)) as paragraphs (22) through (25); and (4) by inserting after paragraph (20) the following new paragraph: ``(21) Negotiating round.--The term `negotiating round' means, with respect to the parties to negotiations on an agreement under section 103(b), a meeting of the trade ministers (or designees) of every party to such negotiations.''. SEC. 3. USTR TRANSPARENCY OFFICER. Section 141(b)(3) of the Trade Act of 1974 is amended by adding at the end the following: ``The Trade Representative shall ensure that the individual who is appointed the Chief Transparency Officer does not, because of any other position the individual holds or otherwise, have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office of the Trade Representative, including trade negotiations.''.

Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the U.S. negotiating position and each new U.S. proposal for a proposed trade agreement at the conclusion of each negotiating round. Trade authorities procedures (fast track) shall not apply to any implementing bill with respect to a trade agreement if during the 60-day period that one House of Congress passes a resolution of disapproval for the President's failure to publish U.S. positions with respect to each trade negotiation round, the other House separately agrees to a resolution of disapproval. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations.

Promoting Transparency in Trade Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advance Fee Loan Scam Prevention Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) Loan broker.--The term ``loan broker''-- (A) means any person who-- (i) for, or in expectation of, a consideration, arranges or attempts to arrange or offers to find for any individual, consumer credit; (ii) for, or in expectation of, a consideration, assists or advises an individual on obtaining, or attempting to obtain, consumer credit; or (iii) acts or purports to act for, or on behalf of, a loan broker for the purpose of soliciting individuals interested in obtaining consumer credit; and (B) does not include-- (i) any insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), any insured credit union (as defined in section 101(7) of the Federal Credit Union Act), or any depository institution which is eligible for deposit insurance under the Federal Deposit Insurance Act or the Federal Credit Union Act and has deposit insurance coverage provided by any State; (ii) any lender approved by the Federal Housing Administration, Farmers Home Administration, or Department of Veterans Affairs; (iii) any seller or servicer of mortgages approved by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; or (iv) any consumer finance company, retail installment sales company, securities broker or dealer, real estate broker or real estate salesperson, attorney, credit card company, installment loan licensee, mortgage broker or lender, or insurance company if such person is-- (I) licensed by and subject to regulation or supervision by any agency of the United States or by the State in which the person seeking to utilize the services of the loan broker resides; and (II) is acting within the scope of that license or regulation. (2) Advance fee.--The term ``advance fee''-- (A) means any fee (including any advance payment of interest or other fees for any extension of consumer credit) which is assessed or collected by a loan broker from any person seeking the consumer credit before the extension of such credit; and (B) does not include-- (i) any amount that the loan broker can demonstrate is collected solely for the purpose of payment to unaffiliated, third party vendors for actual expenses incurred and payable before the extension of any consumer credit; or (ii) any application fee or other charge assessed or collected-- (I) by a retail seller of property that is primarily for personal, family, or household purposes or automobiles; (II) in connection with a consumer credit transaction in which a purchase money security interest arising under an installment sales contract (or any equivalent consensual security interest) is created or retained against any such property or automobile being sold by the retail seller to the person seeking the extension of credit; or (III) in connection with a residential real estate transaction that is secured by a first lien on the property, including a purchase, refinancing, or consolidation of an extension of credit. (3) Consumer; credit.--The terms ``consumer'' and ``credit'' have the meanings given to such terms in section 103 of the Truth in Lending Act. SEC. 3. PROHIBITION ON ADVANCE FEES. (a) In General.--No loan broker may receive an advance fee in connection with-- (1) arranging or attempting to arrange consumer credit; (2) offering to find for any individual consumer credit; or (3) advising any individual as to how to obtain consumer credit. (b) Prohibition on False or Misleading Representations.--No loan broker may-- (1) make or use any false or misleading representations or omit any material fact in the offer or sale of the service of a loan broker; or (2) engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the person to whom the loan broker's services are offered or sold. SEC. 4. ENFORCEMENT BY THE FTC. Any violation of section 3 of this Act shall-- (1) be treated as a violation of a rule of the Federal Trade Commission issued pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act; and (2) be subject to enforcement by the Federal Trade Commission under the enforcement and penalty provisions applicable to violations of such rules. SEC. 5. CRIMINAL PENALTY. (a) In General.--Whoever knowingly violates section 3 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United States Code, is amended-- (1) by striking ``title or a violation'' and inserting ``title, a violation''; and (2) by inserting ``, or a violation of section 5(a) of the Advance Fee Loan Scam Prevention Act of 1993'' before the period. (c) Nonmailable Matter.--For purposes of section 3005(a) of title 39, United States Code, a violation of section 3 by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations.

Advance Fee Loan Scam Prevention Act of 1993 - Prohibits the receipt of advance fees by unregulated loan brokers arranging consumer credit for individuals. Grants the Federal Trade Commission enforcement powers under this Act. Establishes criminal penalties and civil forfeiture penalties for violations of this Act.

Advance Fee Loan Scam Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raw Sewage Overflow Community Right- to-Know Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control estimates that there are 7,100,000 cases of mild to moderate, and 560,000 cases of moderate to severe, infectious waterborne disease in the United States each year. (2) Inadequately treated sewage is filled with bacteria, viruses, parasites, and worms that make people sick. (3) People who ingest or inhale inadequately treated sewage can contract gastroenteritis, hepatitis, giardiasis, cryptosporidiosis, dysentery, and other gastrointestinal and respiratory diseases. (4) Between 1,800,000 and 3,500,000 Americans become sick every year just from swimming in waters contaminated by sanitary sewer overflows. (5) The loss of swimming opportunities (beach closings) due to pathogen contamination is valued at $1,000,000,000 to $2,000,000,000 annually in the United States. (6) Economic losses due to swimming-related illnesses are estimated at $28,000,000,000 annually. (7) Many sewer systems do not routinely monitor to detect sewer overflows or report those that do occur to environmental or public health agencies. (8) Better monitoring, reporting, and public notification of sewer overflows would save millions of Americans from getting sick every year. (9) Public health authorities are not routinely notified of sewer overflows that threaten public health. SEC. 3. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(24) Sanitary sewer overflow.--The term `sanitary sewer overflow' means an overflow, spill, release, or diversion of wastewater from a sanitary sewer system. Such term does not include combined sewer overflows or other discharges from the combined portions of a combined sewer system and does not include wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned. Such term includes overflows or releases of wastewater that reach waters of the United States, overflows or releases of wastewater that do not reach waters of the United States, and wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral.''. SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) Sanitary Sewer Overflows.-- ``(1) General requirements.--Not later than 1 year after the date of the enactment of this subsection, the owner or operator of a publicly owned treatment works (as defined in section 212) under a permit issued under this section-- ``(A) must institute and utilize a methodology, technology, or management program that will alert the owner or operator to the occurrence of a sanitary sewer overflow in a timely manner; ``(B) must notify the public of a sanitary sewer overflow in any area where the overflow has the potential to affect human health; ``(C) must notify the public as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow; ``(D) must immediately notify public health authorities and other affected entities, such as public water systems, of any sanitary sewer overflow that may imminently and substantially endanger human health; ``(E) must provide to the Administrator or the State in the case of a State that has a permit program approved under this section either an oral or electronic report as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow; ``(F) must provide to the Administrator or the State, as the case may be, within 5 days of the time the owner or operator becomes aware of the overflow a written report describing-- ``(i) the magnitude, duration, and suspected cause of the overflow; ``(ii) the steps taken or planned to reduce, eliminate, and prevent recurrence of the overflow; and ``(iii) the steps taken or planned to mitigate the impact of the overflow; ``(G) must report all sanitary sewer overflows to waters of the United States on its monthly discharge monitoring report to the Administrator or the State, as the case may be; and ``(H) must report to the Administrator or the State, as the case may be, the total number of such overflows (including overflows that do not reach any waters of the United States) in a calendar year, including the details of how much wastewater was released per incident, the duration of each overflow, the location of the overflow and any potentially affected receiving waters, the responses taken to clean up the overflow, and the actions taken to mitigate impacts and avoid further sanitary sewer overflows at the site. ``(2) Report to epa.--If a State receives a report under paragraph (1)(H), the State shall report to the Administrator annually in summary, the details of reported sanitary sewer overflows that occurred in that State.''. SEC. 5. ELIGIBILITY FOR ASSISTANCE. Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended-- (1) by striking ``and'' the first place it appears; and (2) by inserting after ``320 of this Act'' the following: ``, and (4) for the implementation of requirements to monitor, report, and notify the public of sanitary sewer overflows under section 402.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums'' and all that follows through the period at the end and inserting ``$2,200,000,000 for each of fiscal years 2004 through 2008.''.

Raw Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act to direct owners or operators of publicly-owned treatment works to institute an alert system for sanitary sewer overflow. Requires that the public and the appropriate officials be notified as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow. Requires a written report on the overflow, including magnitude and cause, as well as measures taken to eliminate and prevent its recurrence. States that owners or operators must report overflows on their monthly discharge monitoring report to either the State or the Administrator of the Environmental Protection, as appropriate. Makes these alert systems eligible for assistance and authorizes funding.

To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes.

SECTION 1. CHARTER. The Ukrainian American Veterans, Incorporated, organized and incorporated under the laws of the State of New York, is hereby recognized and granted a Federal charter. SEC. 2. POWERS. The corporation shall have only the powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated and subject to the laws of such States. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its articles of incorporation and include a commitment, on a national basis, to-- (1) preserve, protect and defend the Constitution of the United States; (2) commemorate the wars, campaigns, and military actions of the United States in order to reflect respect, honor, and tribute for the dead and the surviving veterans; (3) give individuals throughout the Nation a greater understanding of and appreciation for the sacrifices of the people who participated in any military action on behalf of individuals throughout the United States; (4) stimulate, to the highest degree possible, the interest of the entire Nation in the problems of veterans, their widows, and orphans; (5) collect, edit, publish, and preserve records and mementos of patriotic service of veterans of the Armed Forces of the United States; (6) foster the association of veterans of Ukrainian descent who have served in the Armed Forces of the United States; and SEC. 8. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation may inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. No provision in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or director of the corporation, acting as such officer or director, may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (e) Claims of Federal Approval.--The corporation may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities. (f) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of New York. (g) Corporate Function.--The corporation shall function as an educational, patriotic, civic, and historical organization under the laws of the States in which it is incorporated. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever the officers, directors, employees, and agents act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep, at its principal office, a record of the names of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--No provision of this section may be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under the Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end of the following: ``Ukrainian American Veterans, Incorporated.''. SEC. 12. ANNUAL REPORT. The corporation shall annually submit to the Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted at the same time as is the report of the audit required by section 11. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER. The right to amend or repeal this Act is expressly reserved to the Congress. SEC. 14. DEFINITIONS. For purposes of this Act-- (1) the term ``corporation'' means the Ukrainian American Veterans, Incorporated; and (2) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territories of the Pacific Islands, or any other territory or possessions of the United States. SEC. 15. TAX EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 16. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any provisions of this Act.

Grants a Federal charter to the Ukrainian American Veterans, Incorporated.

To recognize the organization known as the Ukrainian American Veterans, Incorporated.

SECTION 1. SHORT TITLE; AMENDMENTS TO 1986 CODE. (a) Short Title.--This Act may be cited as the ``Family Tax Relief Act of 2009''. (b) Amendments to 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXPANSION OF DEPENDENT CARE CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended by inserting after section 36A the following new section: ``SEC. 36B. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, 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 employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each $1,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $30,000. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means-- ``(A) a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13, ``(B) a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or ``(C) the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(2) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) Expenses for household services. ``(ii) Expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight. ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in paragraph (1)(A), or ``(ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $5,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $10,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(d) Earned Income Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(B) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(2) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualifying individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(A) $415 if subsection (c)(1) applies for the taxable year, or ``(B) $830 if subsection (c)(2) applies for the taxable year. In the case of any husband and wife, this paragraph shall apply with respect to only one spouse for any one month. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode as the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Special dependency test in case of divorced parents, etc.--If-- ``(A) section 152(e) applies to any child with respect to any calendar year, and ``(B) such child is under the age of 13 or is physically or mentally incapable of caring for himself, in the case of any taxable year beginning in such calendar year, such child shall be treated as a qualifying individual described in subparagraph (A) or (B) of subsection (b)(1) (whichever is appropriate) with respect to the custodial parent (as defined in section 152(e)(3)(A)), and shall not be treated as a qualifying individual with respect to the noncustodial parent. ``(6) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(7) Student.--The term `student' means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization. ``(8) Educational organization.--The term `educational organization' means an educational organization described in section 170(b)(1)(A)(ii). ``(9) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(10) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Adjustment for Inflation.--In the case of any taxable year beginning after December 31, 2009, the $30,000 amount under subsection (a)(2) and each of the dollar amounts under subsection (c) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `2008' for `1992' in subparagraph (B) thereof. If the dollar amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 21. (2) Section 23(f)(1) (relating to filing requirements) is amended by striking ``section 21(e)'' and inserting ``section 36B(e)''. (3) Section 35(g)(6) (relating to marital status) is amended by striking ``section 21(e)'' and inserting ``section 36B(e)''. (4) Section 129(a)(2) (relating to limitation of exclusion) is amended by striking ``section 21(e)'' and inserting ``section 36B(e)''. (5) Section 129(b)(2) (relating to special rule for certain spouses) is amended by striking ``section 21(d)(2)'' and inserting ``section 36B(d)(2)''. (6) Section 129(e)(1) (relating to dependent care assistance) is amended by striking ``section 21(b)(2)'' and inserting ``section 36B(b)(2)''. (7) Section 213(e) (relating to exclusion of amounts allowed for care of certain dependents) is amended by striking ``section 21'' and inserting ``section 36B''. (8) Section 6213(g)(2) (relating to mathematical or clerical error) is amended-- (A) by striking ``section 21'' in subparagraph (H) and inserting ``section 36B'', and (B) by striking ``section 21, 24, or 32'' in subparagraph (L) and inserting ``section 24, 32, or 36B''. (c) Clerical Amendments.-- (1) 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 inserting after the item relating to section 36A the following new item: ``Sec. 36B. Expenses for household and dependent care services necessary for gainful employment.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 21. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. RULES RELATING TO EMPLOYER-PROVIDED DEPENDENT CARE BENEFITS. (a) Exclusion Limit.-- (1) In general.--Section 129(a)(2) (relating to limitation on exclusion) is amended-- (A) by striking ``$5,000'' and inserting ``the applicable dollar limit'', and (B) by striking ``$2,500'' and inserting ``one-half of such limit''. (2) Applicable dollar limit.--Section 129(a) is amended by adding at the end the following new paragraph: ``(3) Applicable dollar limit.--For purposes of this subsection-- ``(A) In general.--The applicable dollar limit is $7,500 ($10,000 if dependent care assistance is provided under the program to 2 or more qualifying individuals of the employee). ``(B) Cost-of-living adjustments.--In the case of taxable years beginning after 2009, each dollar amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2008' for `1992' in subparagraph (B) thereof. If any dollar amount as increased under this clause is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.''. (b) Average Benefits Test.-- (1) In general.--Section 129(d)(8)(A) (relating to benefits) is amended-- (A) by striking ``55 percent'' and inserting ``60 percent'', and (B) by striking ``highly compensated employees'' the second place it appears and inserting ``employees receiving benefits''. (2) Salary reduction agreements.--Section 129(d)(8)(B) (relating to salary reduction agreements) is amended-- (A) by striking ``$25,000'' and inserting ``$30,000'', and (B) by adding at the end the following: ``In the case of years beginning after 2009, the $30,000 amount in the first sentence shall be adjusted at the same time, and in the same manner, as the applicable dollar amount is adjusted under subsection (a)(3)(B).''. (c) Principal Shareholders or Owners.--Section 129(d)(4) (relating to principal shareholders and owners) is amended by adding at the end the following: ``In the case of any failure to meet the requirements of this paragraph for any year, amounts shall only be required by reason of the failure to be included in gross income of the shareholders or owners who are members of the class described in the preceding sentence.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Family Tax Relief Act of 2009 - Amends the Internal Revenue Code to: (1) allow an additional refundable tax credit for expenses for household and dependent care services necessary for gainful employment; and (2) increase the dollar limitation on the tax exclusion for employed-provided dependent care assistance payments.

A bill to amend the Internal Revenue Code of 1986 to provide income tax relief for families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Workforce Enhancement Act''. SEC. 2. ORTHOTICS AND PROSTHETICS EDUCATION IMPROVEMENT. (a) Grants Required.-- (1) In general.--The Secretary of Veterans Affairs shall award grants to eligible institutions to enable the eligible institutions-- (A) to establish a master's degree or doctoral degree program in orthotics and prosthetics; or (B) to expand upon an existing master's degree program in orthotics and prosthetics, including by admitting more students, further training faculty, expanding facilities, or increasing cooperation with the Department of Veterans Affairs and the Department of Defense. (2) Priority.--The Secretary shall give priority in the award of grants under this section to eligible institutions that have entered into a partnership with a medical center or clinic administered by the Department of Veterans Affairs or a facility administered by the Department of Defense, including by providing clinical rotations at such medical center, clinic, or facility. (3) Grant amounts.--Grants awarded under this section shall be in amounts of not less than $1,000,000 and not more than $1,500,000. (b) Requests for Proposals.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act and annually thereafter for two years, the Secretary shall issue a request for proposals from eligible institutions for grants under this section. (2) Proposals.--An eligible institution that seeks the award of a grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including-- (A) demonstration of a willingness and ability to participate in a partnership described in subsection (a)(2); and (B) a commitment, and demonstration of an ability, to maintain an accredited orthotics and prosthetics education program after the end of the grant period. (c) Grant Uses.-- (1) In general.--An eligible institution awarded a grant under this section shall use grant amounts to carry out any of the following: (A) Building new or expanding existing orthotics and prosthetics master's or doctoral programs. (B) Training doctoral candidates in fields related to orthotics and prosthetics to prepare them to instruct in orthotics and prosthetics programs. (C) Training faculty in orthotics and prosthetics education or related fields for the purpose of instruction in orthotics and prosthetics programs. (D) Salary supplementation for faculty in orthotics and prosthetics education. (E) Financial aid that allows eligible institutions to admit additional students to study orthotics and prosthetics. (F) Funding faculty research projects or faculty time to undertake research in the areas of orthotics and prosthetics for the purpose of furthering their teaching abilities. (G) Renovation of buildings or minor construction to house orthotics and prosthetics education programs. (H) Purchasing equipment for orthotics and prosthetics education. (2) Limitation on construction.--An eligible institution awarded a grant under this section may use not more than 50 percent of the grant amount to carry out paragraph (1)(G). (3) Admissions preference.--An eligible institution awarded a grant under this section shall give preference in admission to the orthotics and prosthetics master's or doctoral programs to veterans, to the extent practicable. (4) Period of use of funds.--An eligible institution awarded a grant under this section may use the grant funds for a period of three years after the award of the grant. (d) Definitions.--In this section: (1) The term ``eligible institution'' means an educational institution that offers an orthotics and prosthetics education program that-- (A) is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs (referred to in this section as the ``National Commission''); or (B) demonstrates an ability to meet the accreditation requirements for orthotic and prosthetic education from the National Commission if the institution receives a grant under this section. (2) The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated for fiscal year 2014 for the Department of Veterans Affairs, $15,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available for obligation until September 30, 2016. (2) Unobligated amounts to be returned to the treasury.-- Any amounts authorized to be appropriated by paragraph (1) that are not obligated by the Secretary as of September 30, 2016, shall be returned to the Treasury of the United States. SEC. 3. CENTER OF EXCELLENCE IN ORTHOTIC AND PROSTHETIC EDUCATION. (a) Grant for Establishment of Center.-- (1) In general.--The Secretary of Veterans Affairs shall award a grant to an eligible institution to enable the eligible institution to-- (A) establish the Center of Excellence in Orthotic and Prosthetic Education (hereafter in this section referred to as the ``Center''); and (B) enable the eligible institution to improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting evidence-based research on-- (i) the knowledge, skills, and training most needed by clinical professionals in the field of orthotics and prosthetics; and (ii) how to most effectively prepare clinical professionals to provide effective, high-quality orthotic and prosthetic care. (2) Priority.--The Secretary shall give priority in the award of a grant under this section to an eligible institution that has in force, or demonstrates the willingness and ability to enter into, a memoranda of understanding with the Department of Veterans Affairs, Department of Defense, or other appropriate Government agency, or a cooperative agreement with an appropriate private sector entity, which memorandum of understanding or cooperative agreement provides for either, or both, of the following: (A) The provision of resources, whether in cash or in kind, to the Center. (B) To assist the Center in research and the dissemination of the results of such research. (3) Grant amount.--The grant awarded under this section shall be in the amount of $5,000,000. (b) Requests for Proposals.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals from eligible institutions for a grant under this section. (2) Proposals.--An eligible institution that seeks the award of the grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Grant Uses.-- (1) In general.--The eligible institution awarded the grant under this section shall use the grant amount for purposes as follows: (A) To develop an agenda for orthotics and prosthetics education research. (B) To fund research in the area of orthotics and prosthetics education. (C) To publish or otherwise disseminate research findings relating to orthotics and prosthetics education. (2) Period of use of funds.--The eligible institution awarded the grant under this section may use the grant amount for a period of five years after the award of the grant. (d) Definitions.--In this section: (1) The term ``eligible institution'' means an educational institution that-- (A) has a robust research program; (B) offers an orthotics and prosthetics education program that is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs; (C) is well recognized in the field of orthotics and prosthetics education; and (D) has an established association with-- (i) a medical center or clinic of the Department of Veterans Affairs; and (ii) a local rehabilitation hospital. (2) The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (e) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2014 for the Department of Veterans Affairs, $5,000,000 to carry out this section.

Wounded Warrior Workforce Enhancement Act - Directs the Secretary of Veterans Affairs (VA) to award grants to eligible institutions to: (1) establish a master's or doctoral degree program in orthotics and prosthetics, or (2) expand upon an existing master's degree program in such area. Requires a grant priority for institutions in partnership with a medical center administered by the VA or a facility administered by the Department of Defense (DOD). Provides grant amounts of at least $1 million and up to $1.5 million. Defines as eligible institutions those either accredited by the National Commission on Orthotic and Prosthetic Education or demonstrating an ability to meet such accreditation requirements if receiving a grant. Requires the Secretary to award a grant to an institution with orthotic and prosthetic research and education experience to: (1) establish the Center of Excellence in Orthotic and Prosthetic Education; and (2) improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting orthotic and prosthetic-based research.

Wounded Warrior Workforce Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Lunch Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, there has been an alarming number of instances of price-fixing and bid-rigging regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (2) during the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against persons accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or the Department of Defense; (3) over 30 grand juries in States are investigating similar activities, especially in connection with activities involving the dairy industry; (4) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State actions for similar activities; (5) a report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted, as of March 1992, of milk contract bid-rigging from participating in the school lunch and breakfast programs; (6) effective educational and monitoring programs can greatly reduce the incidence of price-fixing and bid-rigging by companies that sell products to schools; (7) reducing the incidence of price-fixing and bid-rigging in connection with the school lunch and breakfast programs could save school districts, parents, and taxpayers millions of dollars per year; (8) the Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging; and (9) the Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. ``(a) In General.--The Secretary shall-- ``(1) provide advice, training, technical assistance, and guidance to representatives of States, contracting entities, and school food service authorities regarding means of identifying and preventing anticompetitive activities relating to the acquisition of commodities for-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(C) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(D) the summer food service program for children established under section 13 of this Act; ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of anticompetitive activities relating to the acquisition of commodities for the programs referred to in paragraph (1); ``(3) provide awareness training, training films, technical advice, troubleshooting advice, and other guidance related to avoiding or detecting bid-rigging, price-fixing, or other anticompetitive activities concerning the acquisition of commodities for the programs; and ``(4) debar or suspend a person under section 12A, applicable regulations issued by the Secretary (such as part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations), and other applicable Federal laws (including regulations). ``(b) Food Service Management Institute.--The Secretary may request assistance from the food service management institute authorized under section 21 in carrying out this section. The Secretary may contract with the institute to carry out all or part of the duties described in paragraphs (1) and (3) of subsection (a). ``(c) Funding.--The Secretary shall make available to carry out this section not less than \1/2\ of 1 percent of the funds made available for the salaries and expenses of the Food and Nutrition Service for each fiscal year. ``(d) Termination.--The authority provided by this section shall terminate on September 30, 1999.''. SEC. 4. NONPROCUREMENT DEBARMENT. (a) In General.--The National School Lunch Act is amended by inserting after section 12 (42 U.S.C. 1760) the following new section: ``SEC. 12A. NONPROCUREMENT DEBARMENT. ``(a) In General.--Except as provided in subsections (b) and (c), the Secretary shall debar a person, and each principal and affiliate of the person, for at least 1 year from supplying, providing, or selling a product or commodity to a school, school district, school food service authority, or school district consortium participating in the school lunch program established under this Act, the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food service program for children established under section 13 of this Act if the person, or a principal or affiliate of the person, is convicted, in connection with supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in any of the programs, or to any Federal agency, of-- ``(1) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State law related to protecting competition; ``(2) mail fraud, bribery, theft, or embezzlement; ``(3) making a false statement or claim; ``(4) making a false declaration before a grand jury; or ``(5) other obstruction of justice. ``(b) Subsequent Convictions.--Except as provided in subsection (c), if a person, or a principal or affiliate of the person, is convicted of an activity described in subsection (a) after having been previously debarred under this section, the person, and each principal and affiliate of the person, shall be debarred for at least 3 years from supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in a program described in subsection (a) or to any Federal agency. ``(c) Waivers.--The Secretary may waive a debarment imposed under subsection (a) or (b) if the Secretary determines that debarment would-- ``(1) likely have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) seriously interfere with the ability of a school, school district, school food service authority, or school district consortium to procure a needed product or commodity for a program described in subsection (a); ``(3) be unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) not be in the public interest. ``(d) Relationship to Other Authority.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to-- ``(1) penalize, fine, suspend, debar, or otherwise punish, in a civil or criminal action, a person or a principal or affiliate of the person; or ``(2) imprison, debar, suspend, fine, or otherwise punish a person or a principal or affiliate of the person. ``(e) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this section.''. (b) Implementation.-- (1) Application.--The amendment made by subsection (a) shall not apply to a conviction that is based on an activity that took place prior to the date of enactment of this Act. (2) Regulations.--Not later than July 1, 1994, the Secretary of Agriculture shall amend the nonprocurement regulations established under part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, to conform with section 12A of the National School Lunch Act (as added by subsection (a)). (3) Consistent debarment policy.--Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (A) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (B) Federal nonprocurement regulations. (4) No reduction in authority.-- (A) In general.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person, or a principal or affiliate of the person, from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this section or the amendment made by this section. (B) Debarment or suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person (or a principal or affiliate of the person), on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law (including regulations). SEC. 5. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (as amended by section 3) is further amended by adding at the end the following new section: ``SEC. 26. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. ``(a) Assistance.--The Secretary shall provide financial assistance and other support to States, State attorneys general, law enforcement organizations, school food contracting agents, and school food service authorities to assist in the prevention and control of anticompetitive activities relating to-- ``(1) the school lunch program established under this Act; ``(2) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(3) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(4) the summer food service program for children established under section 13 of this Act. ``(b) Information.--On request, the Secretary shall present to the appropriate committees of Congress information regarding the administration of sections 12A and 25 and this section, any waiver granted under section 12A(c), and efforts to reduce the incidence of anticompetitive activity (such as price-fixing and bid-rigging), in connection with the programs referred to in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsection (a) $4,000,000 for each fiscal year.''.

School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anti-competitive activities in the school lunch, school breakfast, special milk, and summer food service programs. Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction of anti-competitive or specified related activities. Directs the Secretary to provide financial assistance to States, law enforcement organizations, and school food contracting agents and food service authorities for prevention and control of food program anti-competitive activities.

School Lunch Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Mentoring Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research shows that caring adults can make a difference in children's lives. Forty five percent of mentored teens are less likely to use drugs. Fifty nine percent of mentored teens have better academic performance. Seventy three percent of mentored teens achieve higher goals generally. (2) Children that have mentors have better relationships with adults, fewer disciplinary referrals, and more confidence to achieve their goals. (3) In 2001, over 163,000 children in the foster care system were under the age of 5 years. (4) In 2001, over 124,000 children were under the age of 10 when they were removed from their parents or caretakers. (5) The International Day of the Child, sponsored by Children United Nations, has served as a great tool to recruit mentors and partner them with needy foster care children. (6) On November 10, 2002, as many as 3,000 children will be matched with mentors as a result of the International Day of the Child. (7) States should be encouraged to incorporate mentor programs into the delivery of their foster care services. The State of California serves as a great example, matching close to half a million mentors with needy children. (8) Mentor programs that serve foster children are unique and require additional considerations including specialized training and support necessary to provide for consistent, long term relationships for children in care. (9) Mentor programs are cost-effective approaches to decreasing the occurrence of so many social ills such as teen pregnancy, substance abuse, incarceration and violence. SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE. Subpart 2 of part B of title IV of the Social Security Act (42 U.S.C. 629 et seq.) is amended by adding at the end the following: ``SEC. 440. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE. ``(a) Purpose.--It is the purpose of this section to authorize the Secretary to make grants to eligible applicants to support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring for children in foster care. ``(b) Definitions.--In this section: ``(1) Children in foster care.--The term `children in foster care' means children who have been removed from the custody of their biological or adoptive parents by a State child welfare agency. ``(2) Mentoring.--The term `mentoring' means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one-on-one relationships, that involves meetings and activities on a regular basis, and that is intended to meet, in part, the child's need for involvement with a caring and supportive adult who provides a positive role model. ``(3) Political subdivision.--The term `political subdivision' means a local jurisdiction below the level of the State government, including a county, parish, borough, or city. ``(c) Grant Program.-- ``(1) In general.--The Secretary shall carry out a program to award grants to States to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care. ``(2) Grants to political subdivisions.--The Secretary may award a grant under this subsection directly to a political subdivision if the subdivision serves a substantial number of foster care youth (as determined by the Secretary). ``(3) Application requirements.--To be eligible for a grant under paragraph (1), the chief executive officer of the State or political subdivision shall submit to the Secretary an application containing the following: ``(A) Program design.--A description of the proposed program to be carried out using amounts provided under this grant, including-- ``(i) a list of local public and private organizations and entities that will participate in the mentoring network; ``(ii) the name, description, and qualifications of the entity that will coordinate and oversee the activities of the mentoring network; ``(iii) the number of mentor-child matches proposed to be established and maintained annually under the program; ``(iv) such information as the Secretary may require concerning the methods to be used to recruit, screen support, and oversee individuals participating as mentors, (which methods shall include criminal background checks on the individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary for the program; and ``(v) such other information as the Secretary may require. ``(B) Training.--An assurance that all mentors covered under the program will receive intensive and ongoing training in the following areas: ``(i) Child Development, including the importance of bonding. ``(ii) Family dynamics, including the effects of domestic violence. ``(iii) Foster care system, principles, and practices. ``(iv) Recognizing and reporting child abuse and neglect. ``(v) Confidentiality requirements for working with children in care. ``(vi) Working in coordination with the public school system. ``(vii) Other matters related to working with children in care. ``(C) Screening.--An assurance that all mentors covered under the program are appropriately screened and have demonstrated a willingness to comply with all aspects of the mentor program, including-- ``(i) a description of the methods to be used to conduct criminal background checks on all prospective mentors; and ``(ii) a description of the methods to be used to ensure that the mentors are willing and able to serve as a mentor on a long term, consistent basis. ``(D) Educational requirements.--An assurance that all mentors recruited to serve as academic mentors will-- ``(i) have a high school diploma or its equivalent; and ``(ii) have completed at least 1 year of study in a program leading to a graduate or post graduate degree. ``(E) Community consultation; coordination with other programs.--A demonstration that, in developing and implementing the program, the State or political subdivision will, to the extent feasible and appropriate-- ``(i) consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with family members of potential clients; ``(ii) coordinate the programs and activities under the program with other Federal, State, and local programs serving children and youth; and ``(iii) consult and coordinate with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies. ``(F) Equal access for local service providers.--An assurance that public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis. ``(G) Records, reports, and audits.--An agreement that the State or political subdivision will maintain such records, make such reports, and cooperate with such reviews or audits as the Secretary may find necessary for purposes of oversight of project activities and expenditures. ``(H) Evaluation.--An agreement that the State or political subdivision will cooperate fully with the Secretary's ongoing and final evaluation of the program under the plan, by means including providing the Secretary access to the program and program-related records and documents, staff, and grantees receiving funding under the plan. ``(4) Federal share.-- ``(A) In general.--A grant for a program under this subsection shall be available to pay a percentage share of the costs of the program up to 75 percent for each year for which the grant is awarded. ``(B) Non-federal share.--The non-Federal share of the cost of projects under this subsection may be in cash or in kind. In determining the amount of the non- Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources. ``(5) Considerations in awarding grants.--In awarding grants under this subsection, the Secretary shall take into consideration-- ``(A) the overall qualifications and capacity of the State or political subdivision program and its partners to effectively carry out a mentoring program under this subsection; ``(B) the level and quality of training provided to mentors under the program; ``(C) evidence of coordination of the program with the State's or political subdivision's social services and education programs; ``(D) the ability of the State or political subdivision to provide supervision and support for mentors under the program and the youth served by such mentors; ``(E) evidence of consultation with institutes of higher learning; ``(F) the number of children in care served by the State or political subdivision; and ``(G) any other factors that the Secretary determines to be significant with respect to the need for or the potential success of carrying out a mentoring program under this subsection. ``(6) Use of funds.--Of the amount awarded to a State or political subdivision under a grant under this subsection the State or subdivision shall-- ``(A) use not less than 50 percent of the total grant amount for the training and ongoing educational support of mentors; and ``(B) use not more than 10 percent of the total grant amount for administrative purposes. ``(7) Maximum grant amount.-- ``(A) In general.--In awarding grants under this section, the Secretary shall consider the number of children served by the jurisdiction and the grant amount relative to the need for services. ``(B) Limit.--The amount of a grant awarded to a State or political subdivision under this subsection shall not exceed $600,000. ``(8) Annual report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall prepare and submit to Congress a report that includes the following with respect to the year involved: ``(A) A description of the number of programs receiving grant awards under this subsection. ``(B) A description of the number of mentors who serve in the programs described in subparagraph (A). ``(C) A description of the number of mentored foster children-- ``(i) who graduate from high school; ``(ii) who enroll in college; and ``(iii) who are adopted by their mentors. ``(D) Any other information that the Secretary determines to be relevant to the evaluation of the program under this subsection. ``(9) Evaluation.--Not later than 3 years after the date of enactment of this section, the Secretary shall conduct an evaluation of the effectiveness of programs funded under this section, including a comparison between the rate of drug and alcohol abuse, teenage pregnancy, delinquency, homelessness, and other outcome measures for mentored foster care youth and non-mentored foster care youth. ``(10) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $15,000,000 for each of fiscal years 2004 and 2005, and such sums as may be necessary for each succeeding fiscal year. ``(d) National Coordination of Statewide Mentoring Partnerships.-- ``(1) In general.--The Secretary may award a competitive grant to an eligible entity to establish a National Hotline Service or Website to provide information to individuals who are interested in becoming mentors to youth in foster care. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $4,000,000 for each of fiscal years 2004 and 2005, and such sums as may be necessary for each succeeding fiscal year. ``(e) Loan Forgiveness.-- ``(1) Definitions.--In this subsection: ``(A) Eligible mentor.--The term `eligible mentor' means an individual who has served as a mentor in a statewide mentor program established under subsection (c) for at least 200 hours in a single calendar year. ``(B) Federal student loan.--The term `Federal student loan' means any loan made, insured, or guaranteed under part B, D, or E of tide IV of the Higher Education Act of 1965. ``(C) Secretary.--The term `Secretary' means the Secretary of Education. ``(2) Relief from indebtedness.-- ``(A) In general.--The Secretary shall carry out a program to provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible mentor. ``(B) Method of discharge or cancellation.--A loan that will be discharged or canceled under the program under subparagraph (A) shall be discharged or canceled as provided for using the method under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965, as applicable. ``(C) Amount of relief.--The amount of relief to be provided with respect to a loan under this subsection shall-- ``(i) be equal to $2,000 for each 200 hours of service of an eligible mentor; and ``(ii) not exceed a total of $20,000 for an eligible individual. ``(3) Facilitation of claims.--The Secretary shall-- ``(A) establish procedures for the filing of applications for the discharge or cancellation of loans under this subsection by regulations that shall be prescribed and published within 90 days after the date of enactment of this section and without regard to the requirements of section 553 of title 5, United States Code; and ``(B) take such actions as may be necessary to publicize the availability of the program established under this subsection for eligible mentors. ``(4) Funding.--Amounts available for the purposes of making payments to lenders in accordance with section 437(a) of the Higher Education Act of 1965 for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments to lenders of loans to eligible mentors as provided for in this subsection.''.

Foster Care Mentoring Act of 2003 - Amends title IV part B (Child-Welfare Services) of the Social Security Act to direct the Secretary of Health and Human Services to award grants to States to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care. Authorizes a grant award directly to a political subdivision if the subdivision serves a substantial number of foster care youth. Prescribes program implementation guidelines, including: (1) application requirements; (2) training; (3) screening; (4) educational requirements; (5) Federal and non-Federal share of funds for the Program; (6) considerations in awarding grants; and (7) use of funds. Sets forth a maximum grant amount to be awarded to a State or political subdivision. Authorizes the Secretary to award a competitive grant to an eligible entity to establish a National Hotline Service or Website to provide information to individuals interested in becoming mentors to youth in foster care. Instructs the Secretary of Education to implement a program to provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible mentor.

To support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring for children in foster care.

SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY. (a) Business Property.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (i), by adding ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) energy-efficient building property,''. (2) Energy-Efficient Building Property.--Subsection (a) of section 48 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Energy-efficient building property.--For purposes of this subsection-- ``(A) In general.--The term `energy-efficient building property' means a fuel cell power plant that-- ``(i) generates electricity using an electrochemical process, ``(ii) has an electricity-only generation efficiency greater than 30 percent, and ``(iii) has a minimum generating capacity of 5 kilowatts. ``(B) Limitation.--In the case of energy-efficient building property placed in service during the taxable year, the credit under subsection (a) for such year may not exceed $500 for each kilowatt of capacity. ``(C) Fuel cell power plant.--The term `fuel cell power plant' means an integrated system comprised of a fuel cell stack assembly, a fuel processing unit, and associated balance of plant components that converts a fuel into electricity using electrochemical means. ``(D) Termination.--Such term shall not include any property placed in service after December 31, 2005.'' (3) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2000, 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). (b) Nonbusiness Property.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY. ``(a) In General.--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 nonbusiness energy-efficient building property expenditures which are paid or incurred during such year. ``(b) Nonbusiness Energy-Efficient Building Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `nonbusiness energy-efficient building property expenditures' means expenditures made by the taxpayer for nonbusiness energy-efficient building property installed on or in connection with a dwelling unit-- ``(A) which is located in the United States, and ``(B) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Nonbusiness energy-efficient building property.--The term `nonbusiness energy-efficient building property' means energy-efficient building property (as defined in section 48(a)(4)) if-- ``(A) the original use of such property commences with the taxpayer, and ``(B) such property meets the standards (if any) applicable to such property under section 48(a)(3). ``(c) Special Rules.-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(3) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(4) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(5) Property financed by subsidized energy financing.-- For purposes of determining the amount of nonbusiness energy- efficient building property expenditures made by any individual with respect to any dwelling unit, there shall not be taken in to account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(A)). ``(d) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Termination.--This section shall not apply to any expenditure made after December 31, 2005.'' (2) Conforming Amendments.-- (A) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 25B(d), in the case of amounts with respect to which a credit has been allowed under section 25B.''. (B) 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 25A the following new item: ``Sec. 25B. Nonbusiness energy-efficient building property.''. (3) Effective date.--The amendments made by this subsection shall apply to expenditures made after December 31, 2000.

Allows, through December 31, 2005, a credit to an individual for nonbusiness energy-efficient building property expenditures.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Crisis Line Study Act of 2017''. SEC. 2. STUDY ON EFFICACY OF VETERANS CRISIS LINE. (a) Study.--The Secretary of Veterans Affairs shall conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the 5-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the Veterans Crisis Line. (b) Matters Included.--The study under subsection (a) shall address the following: (1) The efficacy of the Veterans Crisis Line in leading veterans to sustained mental health regimens, by determining-- (A) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, begin and continue mental health care furnished by the Secretary of Veterans Affairs; and (B) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, either-- (i) begin mental health care furnished by the Secretary but do not continue such care; or (ii) do not begin such care. (2) The visibility of the Veterans Crisis Line, by determining-- (A) the number of veterans who contact the Veterans Crisis Line and have not previously received hospital care or medical services furnished by the Secretary; and (B) the number of veterans who contact the Veterans Crisis Line and have previously received hospital care or medical services furnished by the Secretary. (3) The role of the Veterans Crisis Line as part of the mental health care services of the Department, by determining, of the veterans who are enrolled in the health care system established under section 1705(a) of title 38, United States Code, who contact the Veterans Crisis Line, the number who are under the care of a mental health care provider of the Department at the time of such contact. (4) Whether receiving sustained mental health care affects suicidality and whether veterans previously receiving mental health care furnished by the Secretary use the Veterans Crisis Line in times of crisis, with respect to the veterans described in paragraph (3), by determining the time frame between receiving such care and the time of such contact. (5) The effectiveness of the Veterans Crisis Line in assisting veterans at risk for suicide when the Veterans Crisis Line is contacted by a non-veteran, by determining, of the number of non-veterans who contact the Veterans Crisis Line looking for support in assisting a veteran, how many of such individuals receive support in having a veteran begin to receive mental health care furnished by the Secretary. (6) The overall efficacy of the Veterans Crisis Line in preventing suicides and whether the number of contacts affects the efficacy, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who ultimately commit or attempt suicide; and (B) of such veterans, how many times did a veteran contact the Veterans Crisis Line prior to committing or attempting suicide. (7) The long-term efficacy of the Veterans Crisis Line in preventing repeated suicide attempts and whether the efficacy is temporary, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide during the following 6-month period, the number who contacted the Veterans Crisis Line in crisis at a later time and thereafter did commit or attempt suicide. (8) Whether referral to mental health care affects the risk of suicide, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who are not referred to, or do not continue receiving, mental health care who commit suicide; and (B) the number of veterans described in paragraph (1)(A) who commit or attempt suicide. (9) The efficacy of the Veterans Crisis Line to promote continued mental health care in those veterans who are at high risk for suicide whose suicide was prevented, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide soon thereafter, the number that begin and continue to receive mental health care furnished by the Secretary. (10) Such other matters as the Secretary determines appropriate. (c) Rule of Construction Regarding Data Collection.--Nothing in this section may be construed to modify or affect the manner in which data is collected, or the kind or content of data collected, by the Secretary under the Veterans Crisis Line. (d) Submission.--Not later than May 31, 2019, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the study under subsection (a). (e) Veterans Crisis Line Defined.--In this section, the term ``Veterans Crisis Line'' means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. Passed the House of Representatives November 8, 2017. Attest: KAREN L. HAAS, Clerk.

Veterans Crisis Line Study Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) conduct a study on the outcomes and the efficacy of the toll-free Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the line, and (2) submit such study to Congress by May 31, 2019. Such study shall address: (1) the efficacy of the line in leading veterans to sustained mental health regimens and suicide prevention; (2) the line's visibility; (3) the role of the line as part of the VA's mental health care services; (4) whether receiving sustained mental health care affects suicidality and whether veterans previously receiving VA mental health care use the line in times of crisis; (5) the line's effectiveness in assisting veterans at risk for suicide when it is contacted by a non-veteran; (6) the line's overall efficacy in preventing suicides and whether the number of contacts affects such efficacy; (7) the line's long-term efficacy in preventing repeated suicide attempts and whether such efficacy is temporary; (8) whether referral to mental health care affects the risk of suicide; and (9) the line's efficacy in promoting continued mental health care for those veterans who are at high risk for suicide whose suicide was prevented.

Veterans Crisis Line Study Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Price Gouging Act of 2007''. SEC. 2. FUEL PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS. (a) In General.--The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 24 (15 U.S.C. 57b-5) the following: ``SEC. 24A. PROTECTION FROM FUEL PRICE GOUGING FOLLOWING MAJOR DISASTERS. ``(a) Definitions.--In this section: ``(1) Affected area.--The term `affected area' means an area affected by a major disaster declared by the President under Federal law in effect on the date of the enactment of this section. ``(2) Price gouging.--The term `price gouging' means the charging of an unconscionably excessive price by a supplier in an affected area. ``(3) Supplier.--The term `supplier' means any person that sells gasoline or diesel fuel for resale or ultimate consumption. ``(4) Unconscionably excessive price.--The term `unconscionably excessive price' means a price charged in an affected area for gasoline or diesel fuel that-- ``(A) represents a gross disparity, as determined by the Commission in accordance with subsection (e), between the price charged for gasoline or diesel fuel and the average price of gasoline or diesel fuel charged by suppliers in the affected area during the 30-day period ending on the date the President declares the existence of a major disaster; and ``(B) is not attributable to increased wholesale or operational costs incurred by the supplier in connection with the sale of gasoline or diesel fuel. ``(b) Determination of the Commission.--As soon as practicable after the President declares a major disaster, the Commission shall-- ``(1) consult with the Attorney General, the United States Attorney for the district in which the disaster occurred, and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for gasoline or diesel fuel provided in the affected area; and ``(2) establish within the Commission-- ``(A) a toll-free hotline that a consumer may call to report an incidence of price gouging in the affected area; and ``(B) a program to develop and distribute to the public informational materials in English and Spanish to consumers in the affected area on detecting and avoiding price gouging. ``(c) Price Gouging Involving Disaster Victims.-- ``(1) Offense.--During the 180-day period beginning on the date on which a major disaster is declared by the President, it shall be unlawful for a supplier to sell, or offer to sell, gasoline or diesel fuel in an affected area at an unconscionably excessive price. ``(2) Action by commission.-- ``(A) In general.--During the period described in paragraph (1), the Commission shall conduct investigations of complaints by consumers of price gouging by suppliers in an affected area. ``(B) Positive determination.--If the Commission determines under subparagraph (A) that a supplier is in violation of paragraph (1), the Commission shall take any action the Commission determines to be appropriate to remedy the violation. ``(3) Civil penalties.--A supplier who commits a violation described in paragraph (1) may, in a civil action brought in a court of competent jurisdiction, be subject to-- ``(A) a civil penalty of not more than $500,000; ``(B) an order to pay special and punitive damages; ``(C) an order to pay reasonable attorney's fees; ``(D) an order to pay costs of litigation relating to the offense; ``(E) an order for disgorgement of profits earned as a result of a violation of paragraph (1); and ``(F) any other relief determined by the court to be appropriate. ``(4) Criminal penalty.--A supplier that knowingly commits a violation described in paragraph (1) shall be imprisoned not more than 1 year. ``(5) Action by victims.--A person, Federal agency, State, or local government that suffers loss or damage as a result of a violation of paragraph (1) may bring a civil action against a supplier in any court of competent jurisdiction for disgorgement, special or punitive damages, injunctive relief, reasonable attorney's fees, costs of the litigation, and any other appropriate legal or equitable relief. ``(6) Action by state attorneys general.--An attorney general of a State, or other authorized State official, may bring a civil action in the name of the State, on behalf of persons residing in the State, in any court of competent jurisdiction for disgorgement, special or punitive damages, reasonable attorney's fees, costs of litigation, and any other appropriate legal or equitable relief. ``(7) No preemption.--Nothing in this section preempts any State law. ``(d) Report.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the following: ``(1) The number of price gouging complaints received by the Commission for each major disaster declared by the President during the preceding year. ``(2) The number of price gouging investigations of the Commission initiated, in progress, and completed as of the date on which the report is prepared. ``(3) The number of enforcement actions of the Commission initiated, in progress, and completed as of the date on which the report is prepared. ``(4) An evaluation of the effectiveness of the toll-free hotline and program established under subsection (b)(2). ``(5) Recommendations for any additional action with respect to the implementation or effectiveness of this section. ``(e) Definition of Gross Disparity.--Not later than 180 days after the date of the enactment of this subsection, the Commission shall promulgate regulations to define the term `gross disparity' for purposes of this section.''. (b) Effect of Section.--Nothing in this section, or the amendment made by this section, affects the authority of the Federal Trade Commission in effect on the date of the enactment of this Act with respect to price gouging.

Price Gouging Act of 2007 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC), after the President declares a major disaster, to: (1) consult with the Attorney General, the U.S. Attorney for that area, and state and local law enforcement officials to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel; (2) establish a toll-free hotline for a consumer to report price gouging; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist consumers in detecting and avoiding price gouging. Makes it unlawful to charge unconscionably excessive prices for any gasoline or diesel fuel during the 180-day period after the President declares a major disaster. Requires the FTC, if it determines a supplier is in violation, to take any action it determines appropriate to remedy the violation. Authorizes civil penalties. Requires imprisonment for knowing violations. Authorizes victims and any state attorney general to bring a civil action against violators of this Act.

A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 37(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section: ``SEC. 37. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(2) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(3) Program.--The term `program' means the regulatory assistance program established under this section. ``(4) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(5) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(6) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through selected Small Business Development Centers, the Association of Small Business Development Centers, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with selected Small Business Development Centers under which such Centers shall provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act (42 U.S.C. 7661f); ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, as long as such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and ``(F) access to the Internet and training on Internet use, including the use of the Internet website established by the Administrator under subsection (d)(1)(C). ``(2) Reports.-- ``(A) In general.--Each selected Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report required under subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the Center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator shall not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; ``(B) submit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Chief Counsel for Advocacy of the Administration, who shall review such list, and the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations; and ``(C) establish an Internet website that-- ``(i) provides access to Federal, State, academic, and industry association Internet websites containing industry-specific regulatory compliance information that the Administrator deems potentially useful to small businesses attempting to comply with Federal regulations; and ``(ii) arranges such Internet websites in industry-specific categories. ``(e) Review of Burdensome Regulations and Petition for Agency Review.-- ``(1) Transmission of list of regulations to chief counsel for advocacy.--The Administrator shall transmit to the Chief Counsel for Advocacy of the Administration a copy of the list of regulations submitted under subsection (d)(1)(B) as part of the annual report required by that subsection. ``(2) Review of list of regulations.--The Chief Counsel for Advocacy shall review the list of regulations transmitted under paragraph (1) and identify any regulation that-- ``(A) is eligible for review in accordance with section 610 of title 5, United States Code; ``(B) has a significant impact on a substantial number of small business concerns that is substantially different from the impact indicated in the final regulatory flexibility analysis for that regulation, as published with the final regulation in the Federal Register; or ``(C) has a significant impact on a substantial number of small business concerns and for which no final regulatory flexibility analysis was ever performed. ``(3) Notification and agency review.--With respect to any regulation identified under paragraph (2) the Chief Counsel for Advocacy shall-- ``(A) notify the appropriate Federal rulemaking agency and the Office of Information and Regulatory Affairs of the Office of Management of the identification of such rule or regulation; and ``(B) request the review of such regulation-- ``(i) in accordance with section 610 of title 5, United States Code; or ``(ii) for any impact it has on small business concerns. ``(4) Annual report.--The Chief Counsel for Advocacy shall publish an annual report containing a list of any regulation identified under paragraph (2) and the disposition by the appropriate agency. ``(f) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2007. ``(g) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2007. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(h) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(i) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (g) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that the population of the State bears to the population of all the States with programs selected to receive grants under subsection (g) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (g) shall be eligible to receive under this section for any fiscal year shall be $250,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(j) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2008 and each subsequent fiscal year. ``(2) Limitation on use of other funds.--The Administrator shall carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program.

National Small Business Regulatory Assistance Act of 2007 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with federal and state regulations; and (4) technical assistance. Directs the Administrator to contract with the Association to act as the repository of and clearinghouse for data and information submitted by Centers. Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two states from each of ten groups of states for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with federal and state agencies to ensure that assistance provided under this act is not duplicated by any other federal or state program. Sets forth the formula for determining program grant amounts. Provides a minimum grant amount of $250,000.

To amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a program to provide regulatory compliance assistance to small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clay Hunt Suicide Prevention for American Veterans Act'' or the ``Clay Hunt SAV Act''. SEC. 2. EVALUATION OF MENTAL HEALTH CARE AND SUICIDE PREVENTION PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE. (a) Evaluation.-- (1) In general.--The Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements.--Each evaluation conducted under paragraph (1) shall-- (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) evaluate the effectiveness of each mental health care and suicide prevention program conducted by the Secretary concerned, including such programs conducted at a Center of Excellence; (C) identify the most effective and least effective of the programs evaluated under subparagraph (B); (D) include recommendations on which programs evaluated under subparagraph (B) can be eliminated or consolidated and which programs can benefit from additional resources; and (E) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party.-- (A) In general.--Each evaluation provided for under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (B) Submittal of evaluation.--An independent third party that conducts an evaluation provided for under paragraph (1) shall submit to the Secretary concerned the evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (4) Report.--Not later than one year after the date of the enactment of this Act, the Secretary concerned shall submit to the appropriate committees of Congress a report that contains the evaluation submitted to the Secretary under paragraph (3)(B). (b) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (B) the Secretary of Defense with respect to matters concerning the Department of Defense. SEC. 3. PUBLICATION OF INTERNET WEBSITE TO PROVIDE INFORMATION REGARDING MENTAL HEALTH CARE SERVICES. (a) In General.--The Secretary of Veterans Affairs shall publish an Internet website that serves as a centralized source to provide veterans with information regarding all of the mental health care services provided by the Secretary. (b) Elements.--The Internet website published under subsection (a) shall provide to veterans information regarding all of the mental health care services available under the laws administered by the Secretary, disaggregated by Veterans Integrated Service Network, including, with respect to each medical center and community-based outpatient center-- (1) the name and contact information of each social work office; (2) the name and contact information of each mental health clinic; (3) a list of all staff who carry out tasks related to the provision of mental health care services; and (4) any other information the Secretary determines appropriate. (c) Updated Information.--The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website under subsection (a) is updated not less than once every 90 days. (d) Outreach.--In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website published under subsection (a). SEC. 4. IMPROVEMENTS TO HEALTH CARE MATTERS. (a) Reserve Components and Department of Veterans Affairs.--The Secretary of Veterans Affairs and the Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall enter into formal strategic relationships between the Joint Forces Headquarters of each State regional commands of the reserve components of the Armed Forces and the Veterans Service Integrated Network, medical facilities of the Department of Veterans Affairs, and other local offices of the Department of Veterans Affairs located in or serving the State with respect to facilitating-- (1) the mental health referrals of members of the reserve components of the Armed Forces who have a service-connected disability and are being discharged or released from the Armed Forces; (2) timely behavioral health services for such members; (3) communication between the various entities when such members are at risk for behavioral health reasons; and (4) the transfer of documentation for line of duty and fitness for duty determinations. (b) Comptroller General Report on Transition of Care.-- (1) In general.--Not later than April 1, 2015, the Comptroller General of the United States shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code), the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report that assesses the transition of care for post-traumatic stress disorder or traumatic brain injury. (2) Matters included.--The report under paragraph (1) shall include the following: (A) The programs, policies, and regulations that affect the transition of care for post-traumatic stress disorder or traumatic brain injury, particularly with respect to individuals who are taking or have been prescribed antidepressants, stimulants, antipsychotics, mood stabilizers, anxiolytics, depressants, or hallucinogens. (B) Upon transitioning to care furnished by the Secretary of Veterans Affairs, the extent to which the pharmaceutical treatment plan of an individual changes and the factors determining such changes. (C) The extent to which the Secretary of Defense and the Secretary of Veterans Affairs have worked together to identify and apply best pharmaceutical treatment practices. (D) A description of the off-formulary waiver process of the Secretary of Veterans Affairs, and the extent to which the process is applied efficiently at the treatment level. (E) The benefits and challenges of combining the formularies across the Department of Defense and the Department of Veterans Affairs. (F) Such other issues as the Comptroller General considers appropriate. (3) Transition of care defined.--In this subsection, the term ``transition of care'' means the transition of an individual from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs. SEC. 5. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance the educational expenses of such individuals relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) An institution of higher education. (D) Any other entity as specified the Secretary for purposes of the pilot program. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary for purposes of the pilot program, in exchange for the repayment of the loan or loans of such individual under the pilot program. (e) Loan Repayments.-- (1) Amounts.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $120,000 in loan repayment on behalf of such individual. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Reports.-- (1) Initial report.-- (A) In general.--Not later than two years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Elements.--The report required by subparagraph (A) shall include the following: (i) The number of individuals who participated in the pilot program. (ii) The locations in which such individuals were employed by the Department, including how many such locations were rural or urban locations. (iii) An assessment of the quality of the work performed by such individuals in the course of such employment. (iv) The number of psychiatrists the Secretary determines is needed by the Department in the future. (2) Interim report.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an update to the report submitted under paragraph (1). (3) Final report.--Not later than one year after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report specifying the number of individuals who participated in the pilot who are still employed by the Department as of the date of submittal of the report. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 6. REVIEW OF STAFFING REQUIREMENTS FOR STATE DIRECTORS OF PSYCHOLOGICAL HEALTH. (a) In General.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report detailing the results of a review, conducted in coordination with the Chief of the National Guard Bureau, of the staffing requirements for individual State National Guard Commands with respect to Directors of Psychological Health. (b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. SEC. 7. COLLABORATION ON SUICIDE PREVENTION EFFORTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND NON-PROFIT MENTAL HEALTH ORGANIZATIONS. (a) Collaboration.--The Secretary of Veterans Affairs may collaborate with non-profit mental health organizations to prevent suicide among veterans as follows: (1) To improve the efficiency and effectiveness of suicide prevention efforts carried out by the Department of Veterans Affairs and non-profit mental health organizations. (2) To assist non-profit mental health organizations with the suicide prevention efforts of those organizations through the use of the expertise of employees of the Department. (3) To jointly carry out suicide prevention efforts. (b) Exchange of Resources.--In carrying out any collaboration under subsection (a), the Secretary and any non-profit mental health organization with which the Secretary is collaborating under such subsection shall exchange training sessions, best practices, and other resources to help with the suicide prevention efforts of the Department and such organization. (c) Director of Suicide Prevention Coordination.--The Secretary shall select within the Department a Director of Suicide Prevention Coordination to undertake any collaboration with non-profit mental health organizations under this section or any other provision of law.

Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act - Requires the Secretary of Veterans Affairs (VA) and the Secretary of Defense (DOD) to each arrange for an independent third party evaluation of, respectively, the VA and DOD mental health care and suicide prevention programs. Directs the VA Secretary to publish an Internet website that serves as a centralized source to provide veterans with regularly updated information regarding all of the VA's mental health care services. Requires the VA Secretary and the DOD Secretary to enter into certain strategic relationships to facilitate: the mental health referrals of members of the reserve components who have a service-connected disability and are being discharged or released from the Armed Forces, timely behavioral health services for such members, communication when such members are at risk for behavioral health reasons, and the transfer of documentation for line-of-duty and fitness-for-duty determinations. Requires the VA Secretary to carry out a three-year pilot program to repay the education loans relating to psychiatric medicine that are incurred by individuals who: are eligible to practice psychiatric medicine in the Veterans Health Administration (VHA) or are enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine, demonstrate a commitment to a long-term career as a psychiatrist in the VHA, and agree to a period of obligated service with the VHA in the field of psychiatric medicine in exchange for the repayment of such loans. Requires the DOD Secretary to submit to Congress a review of the staffing requirements for individual State National Guard Commands with respect to Directors of Psychological Health. Authorizes the VA Secretary to collaborate with nonprofit mental health organizations to prevent suicide among veterans. Requires the collaborators to exchange training sessions, best practices, and other resources to enhance their suicide prevention efforts. Directs the Secretary to select a Director of Suicide Prevention Coordination within the VA to undertake any collaboration with nonprofit mental health organizations.

Clay Hunt SAV Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pilot's Bill of Rights''. SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE. (a) In General.--Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence. (b) Access to Information.-- (1) In general.--Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this section as the ``Administrator'') shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code. (2) Information required.--The notification required under paragraph (1) shall inform the individual-- (A) of the nature of the investigation; (B) that an oral or written response to a Letter of Investigation from the Administrator is not required; (C) that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator; (D) that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual; (E) that the releasable portions of the Administrator's investigative report will be available to the individual; and (F) that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4). (3) Exception.--The Administrator may delay timely notification under paragraph (1) if the Administrator determines that such notification may threaten the integrity of the investigation. (4) Access to air traffic data.-- (A) FAA air traffic data.--The Administrator shall provide an individual described in paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation Administration that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph. (B) Air traffic data defined.--As used in subparagraph (A), the term ``air traffic data'' includes-- (i) relevant air traffic communication tapes; (ii) radar information; (iii) air traffic controller statements; (iv) flight data; (v) investigative reports; and (vi) any other air traffic or flight data in the Federal Aviation Administration's possession that would facilitate the individual's ability to productively participate in the proceeding. (C) Government contractor air traffic data.-- (i) In general.--Any individual described in paragraph (1) is entitled to obtain any air traffic data that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph from a government contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations. (ii) Required information from individual.--The individual may obtain the information described in clause (i) by submitting a request to the Administrator that-- (I) describes the facility at which such information is located; and (II) identifies the date on which such information was generated. (iii) Provision of information to individual.--If the Administrator receives a request under this subparagraph, the Administrator shall-- (I) request the contractor to provide the requested information; and (II) upon receiving such information, transmitting the information to the requesting individual in a timely manner. (5) Timing.--Except when the Administrator determines that an emergency exists under section 44709(c)(2) or 46105(c), the Administrator may not proceed against an individual that is the subject of an investigation described in paragraph (1) during the 30-day period beginning on the date on which the air traffic data required under paragraph (4) is made available to the individual. (c) Amendments to Title 49.-- (1) Airman certificates.--Section 44703(d)(2) of title 49, United States Code, is amended by striking ``but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (2) Amendments, modifications, suspensions, and revocations of certificates.--Section 44709(d)(3) of such title is amended by striking ``but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (3) Revocation of airman certificates for controlled substance violations.--Section 44710(d)(1) of such title is amended by striking ``but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (d) Appeal From Certificate Actions.-- (1) In general.--Upon a decision by the National Transportation Safety Board upholding an order or a final decision by the Administrator denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of the Board may, at the individual's election, file an appeal in the United States district court in which the individual resides or in which the action in question occurred, or in the United States District Court for the District of Columbia. If the individual substantially affected by an order of the Board elects not to file an appeal in a United States district court, the individual may file an appeal in an appropriate United States court of appeals. (2) Emergency order pending judicial review.--Subsequent to a decision by the Board to uphold an Administrator's emergency order under section 44709(e)(2) of title 49, United States Code, and absent a stay of the enforcement of that order by the Board, the emergency order of amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending the exhaustion of an appeal to a Federal district court as provided in this Act. (e) Standard of Review.-- (1) In general.--In an appeal filed under subsection (d) in a United States district court, the district court shall give full independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any decision by the Administrator to make such order effective immediately. (2) Evidence.--A United States district court's review under paragraph (1) shall include in evidence any record of the proceeding before the Administrator and any record of the proceeding before the National Transportation Safety Board, including hearing testimony, transcripts, exhibits, decisions, and briefs submitted by the parties. SEC. 3. NOTICES TO AIRMEN. (a) In General.-- (1) Definition.--In this section, the term ``NOTAM'' means Notices to Airmen. (2) Improvements.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall begin a Notice to Airmen Improvement Program (in this section referred to as the ``NOTAM Improvement Program'')-- (A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system; (B) to archive, in a public central location, all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment; and (C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information. (b) Goals of Program.--The goals of the NOTAM Improvement Program are-- (1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system; (2) make the NOTAMs more specific and relevant to the airman's route and in a format that is more useable to the airman; (3) to provide a full set of NOTAM results in addition to specific information requested by airmen; (4) to provide a document that is easily searchable; and (5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen. (c) Advice From Private Sector Groups.--The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section. (d) Phase-in and Completion.--The improvements required by this section shall be phased in as quickly as practicable and shall be completed not later than the date that is 1 year after the date of the enactment of this Act. SEC. 4. MEDICAL CERTIFICATION. (a) Assessment.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the Federal Aviation Administration's medical certification process and the associated medical standards and forms. (2) Report.--The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that examines-- (A) revisions to the medical application form that would provide greater clarity and guidance to applicants; (B) the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an individual's medically relevant circumstances; and (C) steps that could be taken to promote the public's understanding of the medical requirements that determine an airman's medical certificate eligibility. (b) Goals of the Federal Aviation Administration's Medical Certification Process.--The goals of the Federal Aviation Administration's medical certification process are-- (1) to provide questions in the medical application form that-- (A) are appropriate without being overly broad; (B) are subject to a minimum amount of misinterpretation and mistaken responses; (C) allow for consistent treatment and responses during the medical application process; and (D) avoid unnecessary allegations that an individual has intentionally falsified answers on the form; (2) to provide questions that elicit information that is relevant to making a determination of an individual's medical qualifications within the standards identified in the Administrator's regulations; (3) to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and (4) to ensure that-- (A) the application of such medical standards provides an appropriate and fair evaluation of an individual's qualifications; and (B) the individual understands the basis for determining medical qualifications. (c) Advice From Private Sector Groups.--The Administrator shall establish a panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the assessment required under this section. (d) Federal Aviation Administration Response.--Not later than 1 year after the issuance of the report by the Comptroller General pursuant to subsection (a)(2), the Administrator shall take appropriate actions to respond to such report. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence. Requires the Administrator to: (1) provide timely, written notification to the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data. Authorizes the Administrator to delay such notification if it threatens the integrity of the investigation. Allows a substantially affected individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows a substantially affected individual who elects not to file an appeal in a U.S. district court to file such appeal in the appropriate U.S. court of appeals. Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system. Requires the Administrator to establish a NOTAM Improvement Panel composed of representatives of relevant nonprofit and not-for-profit general aviation pilot groups to advise the Administrator in carrying out program goals. Requires the Comptroller General to: (1) assess the FAA process for the medical certification of airmen; and (2) report to Congress on revisions to the medical application form, the alignment of medical qualification policies with present-day qualified medical judgment and practices, and steps that could be taken to promote the public's understanding of the medical requirements determining an airman's medical certificate eligibility.

A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eightmile Wild and Scenic River Act''. SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, CONNECTICUT. (a) Findings.--Congress finds that-- (1) the Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) required the Secretary to complete a study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System; (2) the segments of the Eightmile River that were assessed in the study continue to be in a free-flowing condition; (3) the segments of the Eightmile River contain outstanding resource values relating to-- (A) cultural landscapes; (B) water quality; (C) watershed hydrology; (D) unique species; (E) natural communities; (F) geology; and (G) watershed ecosystems; (4) the Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of those segments of the Eightmile River depend on the continued integrity and quality of the Eightmile River watershed; (B) those resource values that are manifested throughout the entire watershed; and (C) the continued protection of the entire watershed is intrinsically important to the designation of the Eightmile River under this Act; (5) the Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole; (6) during the study, the Eightmile River Wild and Scenic Study Committee prepared the Eightmile River Management Plan to establish objectives, standards, and action programs to ensure long-term protection of the outstanding values of the river, and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected land not owned by the United States; (7) the Eightmile River Wild and Scenic Study Committee-- (A) voted in favor of including the Eightmile River in the National Wild and Scenic Rivers System; and (B) included that recommendation as an integral part of the Eightmile River Watershed Management Plan; (8) the residents of the towns located adjacent to the Eightmile River and comprising most of its watershed, including Salem, East Haddam, and Lyme, Connecticut, as well as the boards of selectmen and land use commissions of those towns, voted-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek designation of the river as a component of the National Wild and Scenic Rivers System. (9) the General Assembly of the State of Connecticut enacted Public Act 05-18-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek the designation of the Eightmile River as a component of the National Wild and Scenic Rivers System. (b) Definitions.--In this Act: (1) Eightmile river.--The term ``Eightmile River'' means segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut that are designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (c). (2) Management plan.--The term ``Management Plan'' means the plan prepared by the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, known as the ``Eightmile River Watershed Management Plan'', and dated December 8, 2005. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by designating the undesignated paragraph relating to the White Salmon River, Washington, following paragraph (166) as paragraph (167); and (2) by adding at the end the following: ``(168) Eightmile River, Connecticut.--The following segments in the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior: ``(A) The 10.8-mile segment of the main stem of the Eightmile River, from Lake Hayward Brook to the Connecticut River at the mouth of Hamburg Cove, as a scenic river. ``(B) The 8.0-mile segment of the East Branch of the Eightmile River from Witch Meadow Road to the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook from the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond Brook to the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from Tisdale Brook to the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (d) Management.-- (1) In general.--The Secretary shall manage the Eightmile River in accordance with the Management Plan and such amendments to the Plan as the Secretary determines to be consistent with this section. (2) Management plan.--The Management Plan shall be considered to satisfy each requirement for a comprehensive management plan that is required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (e) Committee.--The Secretary shall coordinate the management responsibilities of the Secretary relating to the Eightmile River with the Eightmile River Coordinating Committee, as described in the Management Plan. (f) Cooperative Agreements.-- (1) In general.--Pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Secretary may enter into a cooperative agreement with-- (A) the State of Connecticut; (B) the towns of-- (i) Salem, Connecticut; (ii) Lyme, Connecticut; and (iii) East Haddam, Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency with management plan.--Each cooperative agreement authorized by this subsection-- (A) shall be consistent with the Management Plan; and (B) may include provisions for financial or other assistance from the United States. (g) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not-- (1) be administered as part of the National Park System; or (2) be subject to laws (including regulations) that govern the National Park System. (h) Land Management.-- (1) Zoning ordinances.--With respect to the Eightmile River, each zoning ordinance adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005 (including provisions for conservation of floodplains, wetland and watercourses associated with the segments), shall be considered to satisfy each standard and requirement under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The authority of the Secretary to acquire land for the purpose of managing the Eightmile River as a component of the National Wild and Scenic Rivers System shall be-- (A) limited to acquisition-- (i) by donation; or (ii) with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the Management Plan. (i) Watershed Approach.-- (1) Statement of policy.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and that watershed. (2) Covered tributaries.--The tributaries referred to in paragraph (1) include-- (A) Beaver Brook; (B) Big Brook; (C) Burnhams Brook; (D) Cedar Pond Brook; (E) Cranberry Meadow Brook; (F) Early Brook; (G) Falls Brook; (H) Fraser Brook; (I) Harris Brook; (J) Hedge Brook Lake Hayward Brook; (K) Malt House Brook; (L) Muddy Brook; (M) Ransom Brook; (N) Rattlesnake Ledge Brook; (O) Shingle Mill Brook; (P) Strongs Brook; (Q) Tisdale Brook; (R) Witch Meadow Brook; and (S) all other perennial streams within the Eightmile River watershed. (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments in the Eightmile River in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to: (1) manage Eightmile River in accordance with the Eightmile Watershed Management Plan, dated December 8, 2005, and such amendments to the Plan as the Secretary determines to be consistent with this Act; and (2) coordinate the management responsibilities of the Secretary relating to the River with the Eightmile River Coordinating Committee, as described in such Plan. Bars the Eightmile River from: (1) being administered as part of the National Park System; nor (2) being subject to laws and regulations that govern such System. Recognizes specified tributaries of the Eightmile River Watershed as integral to the protection and enhancement of the River and that watershed.

A bill to amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Capacity for Health Outcomes Act'' or the ``ECHO Act''. SEC. 2. DEFINITIONS. In this Act: (1) Health professional shortage area.--The term ``health professional shortage area'' means a health professional shortage area designated under section 332 of the Public Health Service Act (42 U.S.C. 254e). (2) Medically underserved area.--The term ``medically underserved area'' has the meaning given the term ``medically underserved community'' in section 799B of the Public Health Service Act (42 U.S.C. 295p). (3) Medically underserved population.--The term ``medically underserved population'' has the meaning given the term in section 330(b) of the Public Health Service Act (42 U.S.C. 254b(b)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Technology-enabled collaborative learning and capacity building model.--The term ``technology-enabled collaborative learning and capacity building model'' means a distance health education model that connects specialists with multiple primary care providers through simultaneous interactive videoconferencing for the purpose of facilitating case-based learning, disseminating best practices, and evaluating outcomes. SEC. 3. STUDIES AND REPORTS ON TECHNOLOGY-ENABLED COLLABORATIVE LEARNING AND CAPACITY BUILDING MODELS. (a) Prioritization.-- (1) In general.--The Secretary, in collaboration with the Administrator of the Health Resources and Services Administration, shall examine technology-enabled collaborative learning and capacity building models and the ability of such models to improve patient care and provider education. (2) Considerations.--The examination required under paragraph (1) shall include an examination of the ability of technology-enabled collaborative learning and capacity building models to address each of the following: (A) Mental health and substance use disorders, including prescription drug and opioid abuse. (B) Chronic care for patients of all ages, including children, with chronic diseases. (C) Complex care or care for the sickest and most vulnerable patients, including pediatric patients. (D) Primary care workforce recruitment, retention, and support for life-long learning. (E) Specialty care shortages. (F) Public health programs, including disease prevention, outbreaks, and surveillance. (G) Implementation of disease prevention guidelines. (H) Health care in rural areas, frontier areas, health professional shortage areas, medically underserved populations, and medically underserved areas. (I) Advanced care planning and palliative care. (J) Trauma-informed care. (K) Pregnancy care and maternal health. (L) Other health conditions and health workforce issues that the Secretary determines appropriate. (3) Consultation.--In the examination of technology-enabled collaborative learning and capacity building models required under paragraph (1), the Secretary, in collaboration with the Administrator of the Health Resources and Services Administration, shall consult public and private stakeholders with expertise using such models in health care settings. (4) Federal study.--Not later than 2 years after the date of enactment of this Act, the Secretary, in collaboration with the Administrator of the Health Resources and Services Administration, shall publish a study based on the examination of technology-enabled collaborative learning and capacity building models required under paragraph (1). Such study shall include an analysis of each of the following: (A) The use and integration of such models by health providers. (B) The impact of such models on health provider retention and health provider shortages in the States in which such models have been adopted. (C) Recommendations regarding the role of such models in continuing medical education and lifelong learning, including the role of academic medical centers, provider organizations, and community providers in such training. (D) The barriers to adoption by primary care providers and academic medical centers. (E) The impact of such models on the ability of local health providers and specialists to perform at the top of their licensure, including the effects on patient wait times for specialty care. (b) GAO Study.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and publish a report on technology-enabled collaborative learning and capacity building models. Such report shall analyze each of the following: (A) The use and integration of such models by health providers across the States. (B) How the Secretary has supported the use of such models through programs of the Department of Health and Human Services. (C) The impact of such models on health care, including the impact on patient quality of care and patient access to care, in the States in which such models have been adopted. (D) The reasons for successful State and community adoption of such models. (E) The barriers for States and communities to adopt such models. (F) Efficiencies and potential cost savings from such models. (G) How Federal, State, and local governments are funding such models, if at all. (H) Opportunities for increased adoption of such models in agencies of the Department of Health and Human Services, including the integration of such models into existing programs. (2) Considerations.--The analysis conducted through the report under paragraph (1) shall consider the ability of technology-enabled collaborative learning and capacity building models to address each of the following: (A) Mental health and substance use disorders, including prescription drug and opioid abuse. (B) Chronic care for patients of all ages, including children, with chronic diseases. (C) Complex care or care for the sickest and most vulnerable patients, including pediatric patients. (D) Primary care workforce recruitment, retention, and support for life-long learning. (E) Specialty care shortages. (F) Public health programs, including disease prevention, outbreaks, and surveillance. (G) Implementation of disease prevention guidelines. (H) Health care in rural areas, frontier areas, health professional shortage areas, medically underserved populations, and medically underserved areas. (I) Advanced care planning and palliative care. (J) Trauma-informed care. (K) Pregnancy care and maternal health. (c) Report to Congress.--Not later than 18 months after the publication of the report conducted by the Comptroller General of the United States under subsection (b), the Secretary shall submit a report to Congress addressing each of the following: (1) How the findings from the report published under subsection (b) have been addressed. (2) Recommendations to Congress based on the findings of the study published under subsection (a)(4). (3) A complete listing of technology-enabled collaborative learning and capacity building models that have been funded by the Department of Health and Human Services. (4) A toolkit regarding best practices for implementing such models in the States.

Expanding Capacity for Health Outcomes Act or the ECHO Act This bill requires the Department of Health and Human Services (HHS), in collaboration with the Health Resources and Services Administration, to study technology-enabled collaborative learning and capacity building models and the ability of those models to improve patient care and provider education. (Such models connect specialists to primary care providers through videoconferencing to facilitate case-based learning, dissemination of best practices, and evaluation of outcomes.) The Government Accountability Office must report on such models and HHS support for such models.

ECHO Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Manufacturers Legal Accountability Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Applicable agency.--The term ``applicable agency'' means, with respect to covered products-- (A) described in subparagraphs (A) and (B) of paragraph (3), the Food and Drug Administration; (B) described in paragraph (3)(C), the Consumer Product Safety Commission; (C) described in subparagraphs (D) and (E) of paragraph (3), the Environmental Protection Agency; (D) described in paragraph (3)(F), the National Highway Traffic Safety Administration; and (E) described in paragraph (3)(G)-- (i) the Food and Drug Administration, if the item is intended to be a component part of a product described in subparagraphs (A) or (B) of paragraph (3); (ii) the Consumer Product Safety Commission, if the item is intended to be a component part of a product described in paragraph (3)(C); (iii) the Environmental Protection Agency, if the item is intended to be a component part of a product described in subparagraphs (D) or (E) of paragraph (3); and (iv) the National Highway Traffic Safety Administration, if the item is intended to be a component part of a product described in paragraph (3)(F). (2) Commerce.--The term ``commerce'' means trade, traffic, commerce, or transportation-- (A) between a place in a State and any place outside thereof; or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (3) Covered product.--The term ``covered product'' means any of the following: (A) Drugs, devices, and cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (B) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A chemical substance or new chemical substance, as such terms are defined in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). (E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (F) A motor vehicle or motor vehicle equipment, as such terms are defined in section 30102 of title 49, United States Code. (G) An item intended to be a component part of a product described in subparagraph (A), (B), (C), (D), (E), or (F) but is not yet a component part of such product. (4) Distribute in commerce.--The term ``distribute in commerce'' means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (5) Foreign manufacturer or producer.--The term ``foreign manufacturer or producer'' does not include-- (A) a foreign manufacturer or producer of covered products that is owned or controlled, directly or indirectly, by one or more United States natural or legal persons, if-- (i) the United States natural or legal person has assets in excess of the foreign manufacturer or producer; or (ii) the United States natural or legal person owns or controls more than one foreign manufacturer or producer of covered products and such person has assets in excess of the average assets held by each foreign manufacturer or producer; or (B) a foreign manufacturer or producer of covered products that owns or controls, or through common ownership or control is affiliated with, directly or indirectly, one or more United States operating legal persons if the principal executive officer residing in the United States of each United States operating legal person certifies in writing to the applicable agency that such person-- (i) is responsible for any liability from a covered product of the foreign manufacturer or producer, including liability from the design, testing, assembly, manufacturing, warnings, labeling, inspection, packaging, or any other cause of action related to the covered product; and (ii) will serve as the initial point of contact for the applicable agency in case of a voluntary or mandatory recall or other issue involving the safety of a covered product. SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. (a) Registration.-- (1) In general.--Beginning on the date that is 180 days after the date on which the regulations are prescribed pursuant to section 3(d) and except as provided in this subsection, the head of each applicable agency shall require foreign manufacturers and producers of covered products distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such covered product, if such service is made in accordance with the State or Federal rules for service of process in the State in which the case or regulatory action is brought. (2) Location.--The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under paragraph (1) be-- (A) located in a State chosen by the foreign manufacturer or producer with a substantial connection to the importation, distribution, or sale of the products of the foreign manufacturer or producer; and (B) an individual, domestic firm, or domestic corporation that is a permanent resident of the United States. (3) Designation by manufacturer or producer and acceptance by agent.--The head of each applicable agency shall, at a minimum, require a-- (A) written designation by a foreign manufacturer or producer with respect to which paragraph (1) applies-- (i) signed by an official or employee of the foreign manufacturer or producer with authority to appoint an agent; (ii) containing the full legal name, principal place of business, and mailing address of the manufacturer or producer; and (iii) containing a statement that the designation is valid and binding on the foreign manufacturer or producer for the purposes of this Act. (B) written acceptance by the agent registered by a foreign manufacturer or producer with respect to which paragraph (1) applies-- (i) signed by the agent or, in the case in which a domestic firm or domestic corporation is designated as an agent, an official or employee of the firm or corporation with authority to sign for the firm or corporation; (ii) containing the agent's full legal name, physical address, mailing address, and phone number; and (iii) containing a statement that the agent accepts the designation and acknowledges that the duties of the agent may not be assigned to another person or entity and the duties remain in effect until withdrawn or replaced by the foreign manufacturer or producer. (4) Applicability.-- (A) In general.--Paragraph (1) applies only with respect to a foreign manufacturer or producer that exceeds minimum requirements established by the head of the applicable agency under this section. (B) Factors.--In determining the minimum requirements for application of paragraph (1) to a foreign manufacturer or producer, the head of the applicable agency shall, at a minimum, consider the following: (i) The value of all covered products imported from the manufacturer or producer in a calendar year. (ii) The quantity of all covered products imported from the manufacturer or producer in a calendar year. (iii) The frequency of importation from the manufacturer or producer in a calendar year. (b) Registry of Agents of Foreign Manufacturers and Certifications.-- (1) In general.--The Secretary of Commerce shall, in cooperation with each head of an applicable agency, establish and keep up to date a registry of agents registered under subsection (a), certifications submitted under section 2(5)(B), and certifications removed pursuant to subsection (e). (2) Availability.--The Secretary of Commerce shall make the registry established under paragraph (1) available-- (A) to the public in a searchable format through the Internet website of the Department of Commerce; and (B) to the Commissioner responsible for U.S. Customs and Border Protection in a format prescribed by the Commissioner. (c) Consent to Jurisdiction.-- (1) In general.--A foreign manufacturer or producer of a covered product that registers an agent under this section thereby consents to the personal jurisdiction of the State and Federal courts of the State in which the registered agent is located for the purpose of any judicial proceeding related to such covered product. (2) Rule of construction.--Paragraph (1) shall not apply to actions brought by foreign plaintiffs where the alleged injury or damage occurred outside the United States. (d) Regulations.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Commerce, the Commissioner responsible for U.S. Customs and Border Protection, and each head of an applicable agency shall prescribe regulations to carry out this section. (2) Interagency cooperation.--The Secretary of Commerce, the Commissioner responsible for U.S. Customs and Border Protection, and each head of an applicable agency shall cooperate and consult with one another for the purpose of-- (A) prescribing consistent regulations to the extent necessary for the effective and efficient sharing of information and establishment of systems and procedures necessary to carry out this section; and (B) establishing minimum requirements described in subsection (a)(4), and to the extent advisable and practicable for the purpose of establishing consistent minimum requirements. (e) Certification Requirements.--Upon actual knowledge or verified information that any person to whom the requirements of section 2(5)(B) applies has failed to fulfill such requirements the applicable agency shall-- (1) notify the Secretary of Commerce that the certification of such person must be removed from the registry under section 3(b); and (2) notify such person that the related foreign manufacturer or producer must comply with section 3. SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT REGISTERED AGENTS IN UNITED STATES. (a) In General.--Beginning on the date that is 180 days after the date the regulations required under section 3(d) are prescribed, a person may not import into the United States a covered product (or component part that will be used in the United States to manufacture a covered product) if such product (or component part) or any part of such product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent described in section 3(a) whose authority is in effect on the date of the importation. (b) Enforcement.--The Secretary of Homeland Security shall prescribe regulations to enforce the prohibition in subsection (a). SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES. (a) Determination by Manufacturer or Producer.--Not later than 5 working days after determining to conduct a safety recall or other safety campaign in a foreign country of a covered product that is identical or substantially similar to a covered product offered for sale in the United States, the manufacturer or producer of the covered product shall report the determination to the head of the applicable agency. (b) Determination by Foreign Government.--Not later than 5 working days after receiving notification that the government of a foreign country has determined that a safety recall or other safety campaign must be conducted in the foreign country of a covered product that is identical or substantially similar to a covered product offered for sale in the United States, the manufacturer or producer of the covered product shall report the determination to the head of the applicable agency. (c) Reporting Requirements.--Not later than the date described in subsection (d), the head of each applicable agency shall prescribe the contents of the notification required by this section. (d) Effective Date.--Except as provided in subsection (c), this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly-- (1) complete a study on the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such food products; and (2) submit to Congress a report on the findings of the Secretary with respect to such study. SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS. Not later than 1 year after the date of the enactment of this Act, the head of each applicable agency shall-- (1) complete a study on determining feasible and advisable methods of requiring manufacturers or producers of component parts within covered products manufactured or produced outside the United States and distributed in commerce to register agents in the United States who are authorized to accept service of process on behalf of such manufacturers or producers for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such component parts; and (2) submit to Congress a report on the findings of the head of the applicable agency with respect to the study. SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO DEFECTIVE DRYWALL IMPORTED FROM CHINA. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall-- (1) complete a study on methods to enforce judgments of any State or Federal regulatory proceeding or any civil action in State or Federal court relating to defective drywall imported from the People's Republic of China and distributed in commerce during the period 2004 through 2007 and used in residential dwellings in the United States; and (2) submit to Congress a report on the findings of the Comptroller General with respect to the study. SEC. 9. RELATIONSHIP WITH OTHER LAWS. Nothing in this Act shall affect the authority of any State to establish or continue in effect a provision of State law relating to service of process or personal jurisdiction, except to the extent that such provision of law is inconsistent with the provisions of this Act, and then only to the extent of such inconsistency.

Foreign Manufacturers Legal Accountability Act of 2010 - (Sec. 3) Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. Exempts from this Act's requirements a foreign manufacturer or producer that distributes a covered product through its U.S. parent company or U.S. subsidiary, provided certain conditions are met. Requires the registered agent to be: (1) located in a state with a substantial connection to the importation, distribution, or sale of the products; as well as (2) an individual, domestic firm, or domestic corporation that is a U.S. permanent resident. Directs the Secretary of Commerce to establish, maintain, and make available to the public and to the Commissioner for U.S. Customs and Border Protection (CBP): (1) a registry of such agents; and (2) information on U.S. manufacturers or producers that have submitted certifications of responsibility and liability for their foreign manufacturers or producers or who have had their certifications removed for cause. Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding. (Sec. 4) Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation. (Sec. 5) Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States. (Sec. 6) Requires the Secretary of Agriculture and the Commissioner of Food and Drugs jointly to study the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. (Sec. 7) Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process. (Sec. 8) Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007.

To require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Health Care Coalition Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2002 survey conducted by the Henry J. Kaiser Family Foundation, 95 percent of the Americans who receive their health care coverage through their employer are enrolled in a managed health care plan, up from 27 percent in 1987. Serious questions have been raised about the quality of care patients are receiving under these plans. (2) Changes in the health care industry have led to an increased concentration of health care plans, including approximately 177 mergers in the last 13 years. This enhanced concentration has given health care plans significant leverage over health care providers and patients. (3) Antitrust laws which prohibit health care professionals from negotiating freely with health care plans infringe on the health care professionals' constitutionally-protected rights of freedom of association and contract. (4) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will create a more equal balance of negotiating power, will promote cooperation, and will enhance the quality of patient care. (5) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will not change the professionals ethical duty to continue to provide medically necessary care to their patients. SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.-- This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (c) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (d) Definitions.--For purposes of this section: (1) Federal antitrust laws.--The term ``Federal antitrust laws'' has the meaning the term ``antitrust laws'' in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Health care professional.--The term ``health care professional'' means an individual who provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications.

Quality Health-Care Coalition Act of 2003 - Exempts from Federal antitrust laws any health care professionals negotiating with a health plan regarding contract terms under which they provide health care items or services for which plan benefits are provided.Declares that this Act applies only to health care professionals excluded from the National Labor Relations Act.

To ensure and foster continued patient safety and quality of care by exempting health care professionals from the Federal antitrust laws in their negotiations with health plans and health insurance issuers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Campaign Financing Act of 2003''. SEC. 2. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS. The Federal Election Campaign Act of 1971 is amended by adding at the end the following new title: ``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS ``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING. ``A House of Representatives candidate qualifies for public funding if, as determined by the Commission-- ``(1) at least 6 weeks before the general election, the candidate obtains the signatures of 3 percent of the registered voters in the congressional district involved; or ``(2) the candidate is the candidate of a political party, the candidate of which, in the preceding general election, received more than 25 percent of the vote. ``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. ``(a) Individual Contributions Requirement.--A qualifying House of Representatives candidate may not accept contributions other than contributions from individuals that total not more than $100 per individual per election cycle. ``(b) In-State Contribution Requirement.-- With respect to each reporting period for an election, at least 80 percent of the total sum of contributions accepted by a qualifying House of Representatives candidate shall be from the State in which the congressional district involved is located. ``SEC. 503. USE OF PUBLIC FUNDING. ``(a) In General.--A qualifying House of Representatives candidate may use public funds only for-- ``(1) buying time on radio, cable, or television broadcast stations; ``(2) buying rental space on billboards or other outdoor signs; ``(3) buying advertising space in magazines, newspapers, periodicals, and other advertising media, including theaters, the Internet, and the worldwide web; ``(4) payment of the cost of producing advertisements for media referred to in paragraphs (1), (2), and (3); ``(5) procurement of computerized campaign software, voter lists, and other voter contact tools; ``(6) payment of the cost of printing and mailing campaign literature; ``(7) payment of the cost of telephone expenses; ``(8) payment of legal and accounting costs associated with campaigning; ``(9) payment of campaign employees' salaries; ``(10) payment of the cost of campaign office equipment and supplies; and ``(11) payment of incidental expenses of the candidate, such as travel and food. ``(b) Specific Exclusion.--A qualifying House of Representatives candidate may not use public funds under this title to pay the candidate a salary or personal mortgages. ``(c) Calculation of Public Disbursement.-- ``(1) In general.--A qualifying House of Representatives candidate shall receive public funds closely approximating the cost of procuring 2\1/2\ hours of television commercial time on local television stations in the district's media markets. ``(2) Criteria for determining amount.--An exact amount of the funds provided to a candidate under this section shall be determined by the Commission, using-- ``(A) the average cost of a media point per media market, as defined by Arbitron Area of Dominant Influence, for the 4th quarter of the preceding calendar year; and ``(B) a multiplier of 5,000 media points. ``(3) Use of funds.--The funds provided under this section may be used for any purpose specified in subsection (a). ``(d) Disbursements.--The Commission shall make disbursements of public funds under this title upon submission of evidence that an eligible expense has been incurred. No disbursement may be made with respect to an expense incurred more than 4 months before the election involved. ``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING. ``(a) In General.--The maximum amount of public funding that a qualifying House of Representatives candidate may receive is $750,000. ``(b) Indexing.--The amount under subsection (a) shall be increased as of the beginning of each even-numbered calendar year, based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2003. ``SEC. 505. TELEVISION DEBATE REQUIREMENT. ``A qualifying House of Representatives candidate shall be required to participate in at least 2 televised debates, organized by a bipartisan or nonpartisan group, in the congressional district media market. ``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND TELEVISION STATIONS. ``(a) In General.--Each radio station and each television station shall be-- ``(1) required to accept orders for advertisements to be paid for under this title until such advertising constitutes 40 percent of the station's total advertising time; and ``(2) subject to random periodic examination of advertising charges paid under this title to ensure that such charges are correct. ``(b) Condition of License.--The continuation of an existing license, the renewal of an expiring license, and the issuance of a new license under section 307 of the Communications Act of 1934 (47 U.S.C. 307) shall be conditioned on the agreement by the licensee to abide by the provisions of subsection (a)(1). ``SEC. 507. DEFINITIONS. ``As used in this title-- ``(1) the term `House of Representatives candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; ``(2) the term `qualifying House of Representatives candidate' means a House of Representatives candidate who qualifies for public funding under this title; and ``(3) the term `congressional district media market' means, with respect to a congressional district, the media market of that district, as determined from the licensing records of the Federal Communications Commission.''. SEC. 3. REPORTING REQUIREMENTS. (a) Reports by State Committees.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(i) Filing of State Reports.--In lieu of any report required to be filed by this Act, the Commission may allow a State committee of a political party to file with the Commission a report required to be filed under State law if the Commission determines such reports contain substantially the same information.''. (b) Other Reporting Requirements.-- (1) Authorized committees.--Section 304(b)(4) of such Act (2 U.S.C. 434(b)(4)) is amended-- (A) by striking ``and'' at the end of subparagraph (H); (B) by inserting ``and'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) in the case of an authorized committee, disbursements for the primary election, the general election, and any other election in which the candidate participates;''. (2) Names and addresses.--Section 304(b)(5)(A) of such Act (2 U.S.C. 434(b)(5)(A)) is amended-- (A) by striking ``within the calendar year''; and (B) by inserting ``, and the election to which the operating expenditure relates'' after ``operating expenditure''. SEC. 4. REPORTING OF ELECTION ACTIVITY OF PERSONS OTHER THAN POLITICAL PARTIES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 3(a), is amended by adding at the end the following new subsection: ``(j) Election Activity of Persons Other Than Political Parties.-- ``(1) Requirement described.--(A) If any person to which section 323 does not apply makes (or obligates to make) disbursements for Federal election activities (as defined in section 301(20)) in excess of $2,000, such person shall file a statement-- ``(i) on or before the date that is 48 hours before the disbursements (or obligations) are made; or ``(ii) in the case of disbursements (or obligations) that are required to be made within 14 days of the election, on or before such 14th day. ``(B) An additional statement shall be filed each time additional disbursements aggregating $2,000 are made (or obligated to be made) by a person described in subparagraph (A). ``(2) Contents of statement.--Any statement under this section shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, and the Secretary of State (or equivalent official) of the State involved, as appropriate, and shall contain such information as the Commission shall prescribe, including whether the disbursement is in support of, or in opposition to, 1 or more candidates or any political party. The Secretary of the Senate or Clerk of the House of Representatives shall, as soon as possible (but not later than 24 hours after receipt), transmit a statement to the Commission. Not later than 48 hours after receipt, the Commission shall transmit the statement to-- ``(A) the candidates or political parties involved; or ``(B) if the disbursement is not in support of, or in opposition to, a candidate or political party, the State committees of each political party in the State involved. ``(3) Determinations by commission.--The Commission may make its own determination that disbursements described in paragraph (1) have been made or are obligated to be made. The Commission shall notify the candidates or political parties described in paragraph (2) not later than 24 hours after its determination. ``(4) Exceptions.--This subsection shall not apply to-- ``(A) a candidate or a candidate's authorized committees; or ``(B) an independent expenditure (as defined in section 301(17)).''. SEC. 5. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS. Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows: ``(8) For the purposes of this subsection: ``(A) Contributions made by a person, either directly or indirectly, to or on behalf of a particular candidate, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to a candidate, shall be treated as contributions from the person to the candidate. If a contribution is made to a candidate through an intermediary or conduit, the intermediary or conduit shall report the original source and the intended recipient of the contribution to the Commission and the intended recipient. ``(B) Contributions made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit, including contributions arranged to be made by an intermediary or conduit, shall be treated as contributions from the intermediary or conduit to the candidate if-- ``(i) the contributions made through the intermediary or conduit are in the form of a check or other negotiable instrument made payable to the intermediary or conduit rather than the intended recipient; or ``(ii) the intermediary or conduit is-- ``(I) a political committee, a political party, or an officer, employee, or agent of either; ``(II) a person whose activities are required to be reported under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603), the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or any successor Federal law requiring a person who is a lobbyist or foreign agent to report the activities of such person; ``(III) a person who is prohibited from making contributions under section 316 or a partnership; or ``(IV) an officer, employee, or agent of a person described in subclause (II) or (III) acting on behalf of such person. ``(C) The term `contributions arranged to be made' includes-- ``(i) contributions delivered directly or indirectly to a particular candidate or the candidate's authorized committee or agent by the person who facilitated the contribution; and ``(ii) contributions made directly or indirectly to a particular candidate or the candidate's authorized committee or agent that are provided at a fundraising event sponsored by an intermediary or conduit described in subparagraph (B). ``(D) This paragraph shall not prohibit-- ``(i) fundraising efforts for the benefit of a candidate that are conducted by another candidate or Federal officeholder; or ``(ii) the solicitation by an individual using the individual's resources and acting in the individual's own name of contributions from other persons in a manner not described in paragraphs (B) and (C).''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after December 31, 2004.

Public Campaign Financing Act of 2003 - Amends the Federal Election Campaign Act of 1971 (FECA) to outline under a new title: (1) qualifications for public financing; (2) a prohibition against acceptance by qualifying House candidates of any contributions other than contributions from individuals that total not more than $100 per individual per election cycle, with an 80 percent in-State contribution requirement; (3) rules restricting public funding to specified purposes, such as buying broadcast time; (4) limitations on the maximum amount of public funding, which is set at $750,000 for qualifying House candidates; and (5) various specified requirements pertaining to television debates and radio and television advertising.Authorizes the Federal Election Commission, in lieu of any report required to be filed by this Act, to allow a State committee of a political party to file with it a report required to be filed under State law if it determines such reports contain substantially the same information.Prescribes reporting requirements about: (1) the election activity of persons other than political parties; and (2) contributions through intermediaries and conduits.

To amend the Federal Election Campaign Act of 1971 to provide for public funding for House of Representatives elections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acadia National Park Boundary Clarification Act''. SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION. (a) In General.--Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is amended-- (1) in the first sentence, by striking ``In order to'' and inserting the following: ``(a) Boundaries.--To''; (2) in the second sentence-- (A) by striking ``The map'' and inserting the following: ``(d) Availability of Maps.--The maps described in subsection (a) and subsection (b)''; and (B) by striking ``and it shall'' and inserting ``and shall''; and (3) by inserting after subsection (a) (as so designated) the following: ``(b) Schoodic Peninsula Addition.--The boundary of the Park is confirmed to include approximately 1,441 acres of land and interests in land, as depicted on the map entitled `Acadia National Park, Hancock County, Maine, Schoodic Peninsula Boundary Revision', numbered 123/ 129102, and dated July 10, 2015. ``(c) Ratification and Approval of Acquisitions of Land.--Congress ratifies and approves-- ``(1) effective as of September 26, 2013, the acquisition by the United States of the land and interests in the land described in subsection (b); and ``(2) effective as of the date on which the alteration occurred, any alteration of the land or interests in the land described in subsection (b) that is held or claimed by the United States (including conversion of the land to fee simple interest) that occurred after the date described in paragraph (1).''. SEC. 3. LIMITATION ON ACQUISITION OF LAND FOR ACADIA NATIONAL PARK. (a) Limitation.--Except as provided in subsection (b), the Secretary of the Interior (referred to in this Act as the ``Secretary'') may only acquire land or interests in land within the boundary of Acadia National Park or outside the boundary of Acadia National Park in Hancock or Knox County, Maine, in accordance with Public Law 99-420 (16 U.S.C. 341 note). (b) Exception.--The Secretary may conduct exchanges for land and interests in land described in subsection (a) in accordance with section 102901 of title 54, United States Code. SEC. 4. SOLID WASTE MANAGEMENT. Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is amended, in the second sentence, by striking ``toward the cost of constructing'' through the period at the end of the sentence and inserting the following: ``$350,000 to a regional consortium composed of units of local government located on, or in the vicinity of, Mount Desert Island, Maine, that is established for the purpose of improving the management of the disposal and recycling of solid waste.''. SEC. 5. ACADIA NATIONAL PARK ADVISORY COMMISSION. (a) In General.--The Secretary shall reestablish and appoint members to the Acadia National Park Advisory Commission in accordance with section 103 of Public Law 99-420 (16 U.S.C. 341 note). (b) Conforming Amendment.--Section 103 of Public Law 99-420 (16 U.S.C. 341 note) is amended by striking subsection (f). SEC. 6. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA NATIONAL PARK. The following are repealed: (1) Section 3 of the Act of February 26, 1919 (40 Stat. 1178, chapter 45). (2) The first section of the Act of January 19, 1929 (45 Stat. 1083, chapter 77). SEC. 7. MODIFICATION OF USE RESTRICTION. The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended-- (1) by striking ``That the Secretary'' and inserting the following: ``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK. ``The Secretary''; and (2) by striking ``for school purposes'' and inserting ``for public purposes, subject to the conditions that use of the land shall not degrade or adversely impact the resources or values of Acadia National Park and that the land shall remain in public ownership for recreational, educational, or similar public purposes''. SEC. 8. CONTINUATION OF CERTAIN TRADITIONAL USES. Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by adding at the end the following: ``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. ``To allow for the continuation of traditional harvesting and aquaculture of clams, worms, mussels, periwinkles, and other marine organisms (as defined in section 6001(26) of title 12 of the Maine Revised Statutes (as in effect on the date of enactment of the Acadia National Park Boundary Clarification Act)) in intertidal areas in the Park, the Secretary shall permit the harvesting of the marine organisms in the Park in accordance with the laws (including regulations) of the State of Maine and units of local government in the State of Maine.''. SEC. 9. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN OF BAR HARBOR, MAINE. (a) In General.--The Secretary shall convey to the Town of Bar Harbor (referred to in this section as the ``Town'') all right, title, and interest of the United States in and to the .29-acre parcel of land in Acadia National Park identified as lot 110-055-000 on the tax map of the Town for section 110, dated April 1, 2015, to be used for a solid waste transfer facility. (b) Reversion.--If the land conveyed under subsection (a) is used for a purpose other than the purpose described in that subsection, the land shall, at the discretion of the Secretary, revert to the United States.

Acadia National Park Boundary Clarification Act This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: the acquisition by the United States of such land and interests, effective as of September 26, 2013, and any alteration of such land or interests held or claimed by the United States that occurred after such date. The Department of the Interior may only acquire land or interests in land within or outside of the boundaries of the park in Hancock or Knox Counties, Maine, in accordance with the statute that established the park's boundaries, except that Interior may conduct exchanges for lands and interests in accordance with the provisions relating to conveyances of certain property and interests in property acquired by Interior that are within units of the National Park System or related areas. Interior shall contribute a specified amount to a regional consortium composed of units of local government on or in the vicinity of Mount Desert Island that was established to improve the management of the disposal and recycling of solid waste. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of such land shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes. Interior shall permit the harvesting of the marine organisms within the park according to the laws of the state of Maine and its local governments in order to allow for the continuation of traditional harvesting and aquaculture of clams, worms, mussels, periwinkles, and other marine organisms within intertidal areas in the park. Interior shall convey to the town of Bar Harbor a specified .29-acre parcel of land within the park to be used for a solid waste transfer facility.

Acadia National Park Boundary Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Consumer Notification Act''. SEC. 2. FINANCIAL INSTITUTION'S OBLIGATION TO PROMPTLY NOTIFY AND ASSIST CUSTOMERS WHOSE PERSONAL INFORMATION IS COMPROMISED. (a) Prompt Notice and Assistance.--Section 503(b) of the Gramm- Leach-Bliley Act (15 U.S.C. 6803(b)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) a statement that, upon discovering that the confidentiality or security of any nonpublic personal information maintained by the financial institution with respect to consumer has been compromised in any way by an employee of the financial institution, or through any unauthorized entry into the records of the financial institution, the financial institution is obligated-- ``(A) to promptly notify the consumer of the compromise of the security or confidentiality of such information, and any misuse of such information, that the financial institution discovers or reasonably should discover has occurred; ``(B) to provide assistance to the consumer to remedy any such compromise, including the duty of the financial institution under the Fair Credit Reporting Act to correct and update information contained in a consumer report relating to such consumer; ``(C) to reimburse the consumer for any losses the consumer incurred as a result of the compromise of the security or confidentiality of such information, and any misuse of such information, including any fees for obtaining, investigating, and correcting a consumer report of such consumer at any consumer reporting agency; and ``(D) to provide information concerning the manner in which the consumer can obtain such assistance.''. (b) Waiver of Disclosure at Request of Law Enforcement Agency for Limited Time.--Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by adding at the end the following new subsection: ``(c) Waiver of Disclosure at Request of Law Enforcement Agency for Limited Time.--A financial institution may delay notifying a consumer that the confidentiality or security of any nonpublic personal information of the consumer maintained by the financial institution has been compromised at the request of a law enforcement agency investigating such violation for such limited period of time as the law enforcement agency determines is essential for carrying out the investigation.''. (c) Penalties for Failure To Notify Customers of Identity Theft.-- Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by inserting after subsection (c) (as added by subsection (b) of this section) the following new subsection: ``(d) Penalties for Failure To Notify and Assist Customers After Identity Theft.--The failure of any financial institution to promptly notify any consumer that the confidentiality or security of any nonpublic personal information of the consumer maintained by the financial institution has been compromised in any way by an employee of the financial institution or through any unauthorized entry into the records of the financial institution, to provide assistance to such consumer, or to reimburse the consumer for any loss or fee described subsection (b)(5)(C) shall be treated as a violation of-- ``(1) this title for purposes of enforcement actions required under section 505; and ``(2) the requirements of section 623(a)(2) of the Fair Credit Reporting Act to correct and update information concerning the consumer in a consumer report at a consumer reporting agency.''. SEC. 3. ADDITIONAL PROTECTION FOR VICTIMS OF IDENTITY THEFT. Section 618 of the Fair Credit Reporting Act (15 U.S.C. 1681p) is amended to read as follows: ``SEC. 618. JURISDICTION OF COURTS; LIMITATIONS OF ACTIONS. ``(a) In General.--An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than 2 years after the date on which the violation is discovered or should have been discovered by the exercise of reasonable diligence. ``(b) Willful Misrepresentation.--The limitations period prescribed in subsection (a) shall be tolled during any period during which a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual, and the information so misrepresented is material to the establishment of the liability of the defendant to that individual under this title.''.

Identity Theft Consumer Notification Act - Amends the Gramm-Leach-Bliley Act to include among mandatory consumer disclosures by a financial institution a statement informing the consumer of the institution's obligation to: (1) disclose that nonpublic personal information has been compromised; (2) provide assistance to remedy the compromise; and (3) reimburse any losses incurred as a result of such compromise.Permits waiver of such disclosure for a limited time at request of a law enforcement agency investigating such violation.Provides penalties for financial institution failure to notify and assist customers after an identity theft.Amends the Fair Credit Reporting Act to grant the Federal district courts jurisdiction in an action for identity theft. Tolls the two-year statute of limitations during any period during which a defendant has materially and willfully misrepresented any information to the plaintiff that is material to establishment of the defendant's liability.

To amend the Gramm-Leach-Bliley Act to further protect customers of financial institutions whose identities are stolen from the financial institution, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo 11 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on July 16, 1969, the Apollo 11 spacecraft launched from Launch Complex 39-A at the John F. Kennedy Space Center carrying Neil Armstrong, Edwin ``Buzz'' Aldrin, and Michael Collins, who would become the first of human kind to complete a crewed lunar landing; (2) the United States is the only country ever to have attempted and succeeded in landing humans on a celestial body off the Earth and safely returning them home, completing an unprecedented engineering, scientific and political achievement; (3) the Apollo 11 mission, culminating in humanity's first steps on the Moon on July 20, 1969, honored the fallen astronauts of the Apollo 1 crew, whose innovative work and bravery will be remembered forever; (4) Apollo 11 accomplished the national goal set forth in 1961 by President John F. Kennedy, who stated at Rice University the following year, ``We choose to go to the Moon. We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win''; (5) at the height of the Cold War, the Apollo space program provided the United States and the free world with a powerful symbolic win, demonstrating the strength, ambition, and determination of the United States in technological and economic advancement, and securing our Nation's leadership in space for generations to come; (6) the National Aeronautics and Space Administration (referred to in this Act as ``NASA'') developed the most powerful launch vehicle in history, the Saturn V rocket, which was used for the Apollo missions in the 1960s and 1970s; (7) the Saturn V weighed 6,200,000 pounds and generated 7,600,000 million pounds of thrust, which NASA has equated to generating more power than 86 Hoover Dams; (8) during the time period from 1969 through 1972, NASA completed 8 Apollo missions and landed 12 men on the Moon; (9) the 6 missions that landed on the Moon returned with a wealth of groundbreaking scientific data and over 800 pounds of lunar samples; (10) an estimated 400,000 Americans contributed to the successful program that led to the lunar landing on July 20, 1969, including NASA scientists, engineers, astronauts, industry contractors and their engineering and manufacturing workforce, as well as the political leadership of Republicans and Democrats in Congress and the White House; (11) the Apollo program, along with its predecessor Mercury and Gemini programs, inspired generations of American students to pursue careers in science, technology, engineering, and mathematics, which has fueled innovation and economic growth throughout a range of industries over the last 4 decades; and (12) July 20, 2019, will mark the 50th anniversary of the Apollo 11 landing of Neil Armstrong and Edwin ``Buzz'' Aldrin on the lunar surface. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 50th anniversary of the first manned Moon landing, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Convex Shape.-- (1) In general.--The coins minted under this Act shall be produced in a fashion similar to the 2014 National Baseball Hall of Fame 75th Anniversary Commemorative Coin, so that the reverse of the coin is convex to more closely resemble the faceplate of the astronaut's helmet of the time and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). (2) Sense of congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced with the design of the reverse of the coins continuing over what would otherwise be the edge of the coins, such that the reverse design extends all the way to the obverse design. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) with respect to the design of the reverse of the coins, the Administrator of NASA; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a juried, compensated competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the United States space program leading up to the first manned Moon landing. (2) Selection process.--Proposals for the obverse design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and any designs submitted for the design review process described herein shall be anonymized until a final selection is made. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall be a representation of a close-up of the famous ``Buzz Aldrin on the Moon'' photograph taken July 20, 1969, showing just the visor and part of the helmet of astronaut Edwin ``Buzz'' Aldrin, in which the visor reflects the image of the United States flag, astronaut Neil Armstrong, and the lunar lander. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Except with respect to coins described under section 3(a)(4), coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) One half to the Smithsonian Institution's National Air and Space Museum's ``Destination Moon'' exhibit, for design, education, and installation costs related to establishing and maintaining the exhibit, and for costs related to creating a traveling version of the exhibition. (2) One quarter to the Astronauts Memorial Foundation, for costs related to the preservation, maintenance, and enhancement of the Astronauts Memorial and for promotion of space exploration through educational initiatives. (3) One quarter to the Astronaut Scholarship Foundation, to aid its missions of promoting the importance of science and technology to the general public and of aiding the United States in retaining its world leadership in science and technology by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics. (c) Audits.--The recipients described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Apollo 11 50th Anniversary Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. All sales of these coins shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics.

Apollo 11 50th Anniversary Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boutique Fuels Reduction Act of 2004''. SEC. 2. TEMPORARY WAIVERS DURING SUPPLY EMERGENCIES. Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by inserting ``(i)'' after ``(C)'' and by adding the following new clauses at the end thereof: ``(ii) The Administrator may temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required or regulated by the Administrator pursuant to subsection (c), (h), (i), (k), or (m) of this section or prescribed in an applicable implementation plan under section 110 approved by the Administrator under clause (i) of this subparagraph if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that-- ``(I) extreme and unusual fuel or fuel additive supply circumstances exist in a State or region of the Nation which prevent the distribution of an adequate supply of the fuel or fuel additive to consumers; ``(II) such extreme and unusual fuel and fuel additive supply circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not the lack of prudent planning on the part of the suppliers of the fuel or fuel additive to such State or region; and ``(III) it is in the public interest to grant the waiver (for example, when a waiver is necessary to meet projected temporary shortfalls in the supply of the fuel or fuel additive in a State or region of the Nation which cannot otherwise be compensated for). ``(iii) If the Administrator makes the determinations required under clause (ii), such a temporary extreme and unusual fuel and fuel additive supply circumstances waiver shall be permitted only if-- ``(I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel and fuel additive supply circumstances; ``(II) the waiver is effective for a period of 20 calendar days or, if the Administrator determines that a shorter waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel and fuel additive supply circumstances and to mitigate impact on air quality; ``(III) the waiver permits a transitional period, the exact duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down their wholesale and retail inventory; ``(IV) the waiver applies to all persons in the motor fuel distribution system; and ``(V) the Administrator has given public notice to all parties in the motor fuel distribution system, local and State regulators, public interest groups, and consumers in the State or region to be covered by the waiver. The term `motor fuel distribution system' as used in this clause shall be defined by the Administrator through rulemaking. ``(iv) Within 180 days of the date of the enactment of the Boutique Fuels Reduction Act of 2004, the Administrator shall promulgate regulations to implement clauses (ii) and (iii). ``(v) Nothing in this Act shall-- ``(I) limit or otherwise affect the application of any other waiver authority of the Administrator pursuant to this section or pursuant to a regulation promulgated pursuant to this section; and ``(II) subject any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this subparagraph.''. SEC. 3. CAP ON NUMBER OF BOUTIQUE FUELS. Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)), as amended by section 2, is further amended by adding at the end the following: ``(vi)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision under this subparagraph, to approve any fuel if the effect of such approval would be to increase the total number of fuels approved and fully implemented as of September 1, 2004 in all State implementation plans. ``(II) Except for a fuel with a summertime Reid Vapor Pressure of 7.0 pounds per square inch, the Administrator shall have no authority, when considering any particular State's implementation plan or a revision to that State's implementation plan under this subparagraph, to approve any fuel unless that fuel was, as of the date of such consideration, approved and fully implemented in at least 1 State implementation plan in the applicable Petroleum Administration for Defense District. The preceding sentence shall not limit the Administrator's authority to approve any new fuel in any such plan or plan revision if such new fuel replaces an existing fuel without increasing the total number of fuels approved and fully implemented as of September 1, 2004 in all State implementation plans. ``(III) Nothing in this clause shall be construed to prohibit a State from requiring the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause.''. SEC. 4. STUDY AND REPORT TO CONGRESS ON BOUTIQUE FUELS. (a) Joint Study.--The Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). The primary focus of such study shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to the Congress such legislative changes as are necessary to implement such a system. In furtherance of such a study, the Administrator and the Secretary shall, as appropriate, review studies and other actions of other Federal agencies concerning boutique fuels with a view toward avoiding duplication of effort and the need to expedite such study. (b) Study Areas of Responsibility.--In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study, and the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility, and fuel costs portion of the study. (c) Report to Congress.--The Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. SEC. 5. DEFINITIONS. In this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Secretary'' means the Secretary of Energy.

Boutique Fuels Reduction Act of 2004 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if it: (1) applies to the smallest necessary geographic area; (2) is effective for 20 days or the shortest practicable time period; (3) permits a transitional period after the termination of the temporary waiver to allow wholesalers and retailers to blend down their inventory; (4) applies to all persons in the motor fuel distribution system; and (5) is preceded by public notice to all parties in the distribution system, local and State regulators, public interest groups, and consumers in the State or region covered by the waiver. States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved and fully implemented fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure). Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects on air quality, number of fuel blends, fuel availability, fuel fungibility, and fuel costs of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives.

To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fighter Aces Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups' recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces' training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America's most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom, which has spanned the history of aviation warfare. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (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) Award of Medal.--Following the award of the gold medal in honor of the American Fighter Aces under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses, and amounts received from the sale of such duplicates shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the Senate March 26, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1827 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom throughout the history of aviation warfare.

. American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at locations associated with the American Fighter Aces.

American Fighter Aces Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Certainty for States and Tribes Act''. SEC. 2. RECONSTITUTION OF THE ROYALTY POLICY COMMITTEE. (a) In General.--The Secretary of the Interior shall, by not later than 90 days after the date of the enactment of this Act, reconstitute the Royalty Policy Committee as last chartered on March 26, 2010, except as otherwise provided in this Act. (b) Corrections and Updates.--In reconstituting the Committee, the Secretary shall make appropriate technical corrections and updates to the charter of the Committee, including the following: (1) Revision of all references to the Minerals Management Service or Minerals Revenue Management so as to refer to the Office of Natural Resources Revenue. (2) Revision of the estimated number and frequency of meetings of the Committee to not less than once each year. (3) Revision of the non-Federal members of the Committee to include-- (A) not fewer than 5 members representing Governors of States that each receive more than $10,000,000 annually in royalty revenues from Federal leases; and (B) not more than 5 members representing Indian tribes that are mineral-producing Indian tribes under-- (i) the Act of May 11, 1938 (commonly known as the ``Indian Mineral Leasing Act of 1938'') (25 U.S.C. 396a et seq.); (ii) title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.); (iii) the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.); or (iv) any other law relating to mineral development that is specific to one or more Indian tribes. (4) Creation of a subcommittee of the Committee to be known as the State and Tribal Resources Board, comprised of designees of States' Governors and tribes participating as non-Federal members of the reconstituted Committee. SEC. 3. REVIEW OF REGULATIONS AND POLICIES THE ROYALTY POLICY COMMITTEE ADVISORY ACTIVITIES SHOULD INCLUDE. (a) Consultation and Report.--Not later than 180 days after the date of the issuance by the Department of the Interior of any proposed regulation or policy related to mineral leasing policy for Federal or Indian land for exploration, development, or production of oil, gas, or coal (including valuation methodologies and royalty and lease rates for oil, gas, or coal), and not later than 180 days after the date of the enactment of this Act with respect to any proposed regulation of such Department relating to such policy that is pending as of the date of the enactment of this Act, the Committee shall-- (1) assess the proposed regulation or policy; and (2) issue a report that describes the potential impact of the proposed regulation or policy, including any State and tribal economic impacts described in subsection (b). (b) State and Tribal Impact Determination.-- (1) In general.--Before the date on which any proposed regulation related to mineral leasing policy on Federal or Indian land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) may be issued as a final rule, the State and Tribal Resources Board shall publish a determination of the impact of the regulation on school funding, public safety, and other essential State or Indian tribal government services. (2) Delay request.--If the State and Tribal Resources Board determines that a regulation described in paragraph (1) will have a negative State or tribal budgetary impact, the Secretary shall, upon request by the Board, grant a delay of 180 days in the finalization of the regulation for the purposes of further-- (A) stakeholder consultation; (B) budgetary review; and (C) development of a proposal to mitigate the negative economic impact. (c) Revision of Proposed Regulation.-- (1) In general.--Before the date on which any proposed regulation related to mineral leasing policy on Federal or Indian land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) is issued as a final rule, the Secretary shall publish in the Federal Register, in the same docket as such proposed regulation, a description of the impacts determined by the Board in the report issued under subsection (a)(2), the recommendations made by the Board (if any) for mitigation of negative impacts determined by the Board under subsection (b)(2), and a clear explanation of why such recommendations of the Board were or were not incorporated in the final regulation. (2) Final rule.--Any final regulation subject to paragraph (1) must include-- (A) a summary of the report required under subsection (a)(2); and (B) a clear explanation of why the recommendations of that report (including the State and tribal determination) were or were not taken into account in the finalization of the regulation. SEC. 4. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) Participants in Programmatic Review.-- (1) In general.--In carrying out the programmatic review of coal leasing as described in section 4 of the order of the Secretary of the Interior entitled ``Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program'', numbered 3338 and dated January 15, 2016, the Secretary shall confer with, and take into consideration the views of, representatives appointed to the review board described in paragraph (2). (2) Review board.--The Governor of each State in which more than $10,000,000 in revenue is collected annually by the United States as bonus bids, royalties, and rentals, and fees for production of coal under leases of Federal land or Indian land may each appoint not more than 3 representatives to a review board for purposes of paragraph (1), at least one of whom shall be a member of the State and Tribal Resources Board. (3) Deadline.-- (A) In general.--The Secretary shall complete the programmatic review referred to in paragraph (1) not later than January 15, 2019. (B) Failure to meet deadline.--If the programmatic review is not completed by the deadline described in subparagraph (A), the programmatic review shall be considered to be complete as of that deadline. (b) Termination of Other Programmatic Review.--No Federal funds may be used to carry out the programmatic review of coal leasing as described in subsection (a)(1) after January 15, 2019. (c) No Implementation Requirement.--Nothing in this section requires the Secretary to conduct or complete the programmatic review of coal leasing as described in subsection (a)(1) after January 20, 2017. (d) Termination of Moratorium.--Effective January 16, 2019-- (1) the pause or moratorium on the issuance of new Federal coal leases under the Secretarial order referred to in subsection (a)(1) is terminated; and (2) that Secretarial order shall have no force or effect. SEC. 5. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL LEASE MODIFICATIONS. Nothing in the order of the Secretary of the Interior entitled ``Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program'', numbered 3338 and dated January 15, 2016, shall be considered to prohibit or restrict any issuance of a coal lease on application or coal lease modification, pursuant to section 3432 of title 43, Code of Federal Regulations, for which the Bureau of Land Management has begun its review under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) as of January 15, 2016. SEC. 6. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS. Not later than 1 year after the date on which the Secretary completes the analysis required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for an application for a coal lease, or an application for a modification to a coal lease pursuant to subpart 3432 of part 3430 of title 43, Code of Federal Regulations (or successor regulations), accepted by the Secretary, the Secretary shall conduct the lease sale and issue the lease, or approve the modification, unless the applicant indicates in writing that the applicant no longer seeks the lease or modification to the lease.

Certainty for States and Tribes Act (Sec. 2)This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which must include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee of the Royalty Policy Committee. (Sec. 3)The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. Interior must delay issuing a final regulation for 180 days if the board determines that such regulation will have a negative state or tribal budgetary or economic impact. (Sec. 4)The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338, dated January 15, 2016. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program. The moratorium on the issuance of new federal coal leasesby the BLMshall terminate on January 16, 2019.Additionally, the bill allows leases and modifications to be issued by the BLM for any coalleasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. (Sec. 6)The bill also directs the BLM toconduct federal coal lease sales and modifications within one year after it completes an environmental analysis of anapplication.

Certainty for States and Tribes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Foods for Healthy Living Act''. SEC. 2. DEPARTMENT OF AGRICULTURE GRANTS TO PROMOTE GREATER CONSUMPTION OF FRESH FRUITS, FRESH VEGETABLES, AND OTHER HEALTHY FOODS IN LOW-INCOME COMMUNITIES. (a) Grants Authorized.--The Secretary of Agriculture may make grants for the purposes specified in subsection (b) to any of the following: (1) A community-based organization operating in a low- income community. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or more of the following activities: (1) To assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives, as defined by the Department of Agriculture, such as healthier dairy and non-dairy to whole milk alternatives, 100 percent pure fruit juices, and products with 0 grams of transfat, available for residents of a low-income community. (2) To carry out consumer education and outreach activities to encourage the purchase of products described in paragraph (1), such as by informing residents of a low-income communities about the health risks associated with high-calorie, low- exercise lifestyles and the benefits of healthy living. (c) Maximum Grant.--A grant under this section may not exceed $100,000. (d) Community-Based Organization Defined.--In this section, the term ``community-based organization'' includes schools, day-care centers, senior centers, community health centers, food banks, or emergency feeding organizations. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2008. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2), by adding at the end the following new subparagraph: ``(BB) additional primary and preventive services described in subsection (ccc);''; and (B) by adding at the end the following new subsection: ``Additional Primary and Preventive Services ``(ccc) The term `additional primary and preventive services' means such primary and preventive services that are not otherwise covered under this title as the Secretary shall specify when provided by qualified providers, as specified by the Secretary. Such term includes the following: ``(1) Services for the prevention and treatment of obesity and obesity-related disease. ``(2) Supervised exercise sessions. ``(3) Exercise stress testing for the purpose of exercise prescriptions. ``(4) Lifestyle health improvement education. ``(5) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (M); (ii) by adding ``and'' at the end of subparagraph (N); and (iii) by adding at the end the following new subparagraph: ``(O) in the case of additional primary care and preventive services, which are performed more frequently than the Secretary may specify;''. (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) is amended by inserting ``or additional primary care or preventive services (as defined in section 1861(ccc))'' after ``(jj))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) additional primary care and preventive services (as defined in section 1861(ccc)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, regardless of whether regulations to implement the amendments are in effect as of such date.

Healthy Foods for Healthy Living Act - Authorizes the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to: (1) assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives available for residents of a low-income community; and (2) carry out related consumer education and outreach activities. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education.

To authorize the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to promote increased access to and consumption of fresh fruits, fresh vegetables, and other healthy foods among residents of such communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Protection Act of 1993''. TITLE I--VIOLENT CRIMES SEC. 101. MANDATORY PRISON TERMS. (a) In General.--Chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3581. Mandatory sentence for felony against individual of age sixty-five or over ``(a) Upon conviction of any Federal felony crime of violence, if any victim of such crime is an individual who had attained the age of 65 years on or before the date that the offense was committed, the court shall sentence the defendant to imprisonment-- ``(1) for a term of not less than three fourths of the maximum term of imprisonment provided for such crime, in the case of a first offense to which this section is applicable; and ``(2) for a term of not less than the maximum term of imprisonment provided for such crime, in the case of a second or subsequent offense to which this section is applicable. ``(b) Notwithstanding any other provision of law, with respect to a sentence imposed under subsection (a) of this section-- ``(1) the court shall not suspend such sentence; ``(2) the court shall not give the defendant a probationary sentence; ``(3) such sentence shall be served consecutively to any other sentence imposed for a Federal offense; and ``(4) the court shall reject any plea agreement which would result in the imposition of a term of imprisonment less than that which would have been imposed under subsection (a) of this section in connection with any charged offense.''. (b) Clerical Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following new item: ``3581. Mandatory sentence for felony against individual of age sixty- five or over.''. (c) Conforming Amendments to Rules of Procedure.-- (1) Rule 32(c) of the Federal Rules of Criminal Procedure is amended-- (A) by adding at the end of the first paragraph in paragraph (1) the following new sentence: ``Neither the defendant nor the court may waive a presentence investigation and report unless there is in the record information sufficient for the court to determine whether a mandatory sentence must be imposed pursuant to title 18, United States Code, section 3581.''; and (B) in paragraph (2)(D), by inserting after ``the offense'' the following: ``and information relating to whether any victim of the offense had attained age 65 on the date that the offense was committed''. (2) Rule 11(e)(1) of the Federal Rules of Criminal Procedure is amended by striking out ``The'' after ``In General.'' and inserting in lieu thereof ``Except as provided in title 18, United States Code, section 3581, the''. SEC. 102. DEATH PENALTY. In any case in which Federal law punishes conduct that is murder in the first degree, as defined in section 1111 of title 18, United States Code, shall, in addition to any penalties imposed by the provision of law prohibiting that conduct, be subject to the penalty of death. When the Government seeks a sentence of death under this section, the procedures with respect to death penalties under section 903 of the Federal Aviation Act of 1958 shall, as nearly as may be, apply with respect to death penalties under this section. TITLE II--FRAUD SEC. 201. FEDERAL TRADE COMMISSION. (a) Participation in the Financial Crimes Enforcement Center.--The Federal Trade Commission shall participate in, and be on the receiving list of law enforcement products of, the Financial Crimes Enforcement Center of the Department of the Treasury. (b) Venue.--Subsections (a) and (b) of section 13 of the Federal Trade Commission Act (15 U.S.C. 53) are each amended by adding at the end the following: ``Whenever it appears to the court that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, the court may cause such person, partnership, or corporation to be summoned without regard to whether they reside or transact business in the district in which the suit is brought, and to that end process may be served wherever the person, partnership, or corporation may be found.''. (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)(1)) is amended-- (1) in subparagraph (A) by striking ``civil'' the first place it appears and inserting in lieu thereof ``Federal court''; and (2) by adding at the end the following: ``The Commission may bring a criminal contempt action for violations of orders obtained in cases brought under section 13(b) of this Act in the same manner as civil penalty and other Federal court actions to which this subsection applies. Such cases may be initiated by the Commission on its own complaint, or pursuant to its acceptance of an appointment by a court to assist it in enforcing such orders pursuant to Rule 42(b) of the Federal Rules of Criminal Procedure.''. SEC. 202. SENTENCING GUIDELINES. (a) Fraud and Deceit.--The United States Sentencing Commission shall amend its sentencing guidelines relating to fraud and deceit so as to provide for increases in offense levels based on the number of persons that the offender has victimized. (b) Elderly Victims.--The United States Sentencing Commission shall amend its sentencing guidelines relating to vulnerable victims so as to provide that if the offender knew or should have known that the victim was 65 years of age or old, the offense level shall be increased by 7 levels. SEC. 203. MANDATORY RESTITUTION. (a) Order of Restitution.--Section 3663(a) of title 18, United States Code, is amended by striking ``may order'' and inserting ``shall order''. (b) Procedure.--Section 3664(a) of title 18, United States Code, is amended by striking ``in determining whether to order restitution under section 3663 of this title and the amount of such restitution'' and inserting ``in determining the amount of restitution under section 3663''. SEC. 204. SENSE OF CONGRESS CONCERNING THE NATIONAL TELEMARKETING FRAUD WORKING GROUP. It is the sense of Congress that-- (1) all United States Attorneys should regularly enter information on telemarketing fraud into the database of the National Telemarketing Fraud Working Group; and (2) the National Telemarketing Fraud Working Group and the States should continue to cooperate with each other in coordinating the prosecution of offenders in venues that are convenient to the victims of their offenses. SEC. 205. CONSUMER AND ANTI-FRAUD ACTIVITIES. The Attorney General shall designate 50 existing full-time equivalent positions for attorneys and sufficient support staff to be assigned to the prosecution of consumer fraud and for law enforcement and consumer fraud education programs. SEC. 206. FORFEITURES. (a) Civil Forfeiture.--Section 981 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (D) by inserting ``(i)'' before ``Any'' and redesignating clauses (i), (ii), (iii), (iv), (v), and (vi) as subclauses (I), (II), (III), (IV), (V), and (VI), respectively; (B) by striking ``(E) With respect to an offense listed in subsection (a)(1)(D)'' and inserting ``(ii) With respect to an offense described in clause (i)''; and (C) by adding at the end the following new subparagraph: ``(E) Any property, real or personal, that constitutes, represents, is derived from, or is traceable to the proceeds of a violation of section 1029, 1341, or 1343 of this title if such violation relates to crimes against individuals 65 years of age or older. Notwithstanding the provisions of section 524 of title 28, United States Code, up to 25 percent of the amounts forfeited pursuant to this subparagraph for an offense may be used to provide restitution to any victim of the offense.''. (b) Criminal Forfeiture.--Section 982(a) of title 18, United States Code, is amended by adding at the end thereof the following: ``(5) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate, section 1029, 1341 or 1343 of this title, affecting an individual 65 years of age or older, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation. Notwithstanding the provisions of section 524 of title 28, United States Code, up to 25 percent of the amounts forfeited pursuant to this paragraph for an offense may be used to provide restitution to any victim of the offense.''. (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)(1)) is amended-- (1) in subparagraph (A) by striking ``civil'' the first place it appears and inserting in lieu thereof ``Federal court''; and (2) by adding at the end the following: ``The Commission may bring a criminal contempt action for violations of orders obtained in cases brought under section 13(b) of this Act in the same manner as civil penalty and other Federal court actions to which this subsection applies. Such cases may be initiated by the Commission on its own complaint, or pursuant to its acceptance of an appointment by a court to assist it in enforcing such orders pursuant to Rule 42(b) of the Federal Rules of Criminal Procedure.''. SEC. 207. UNIFORM LAWS GOVERNING LICENSING OF HOME REPAIR CONTRACTORS, MORTGAGE COMPANIES, AND PRIZE GIVEAWAY COMPANIES. The Attorney General, in consultation with the American Law Institute, the National Conference of Commissioners on Uniform State Laws, or other interested persons, shall prepare model State law on each of the following subjects: (1) Licensing of home repair contractors. (2) Licensing of mortgage companies. (3) Licensing of prize giveaway companies. SEC. 208. MAIL FRAUD. (a) Offense.--Section 1341 of title 18, United States Code, is amended-- (1) by inserting ``or places in any private courier service office or authorized depository for receipt of matter to be delivered by private courier service,'' after ``mail matter,''; (2) by inserting ``or by a private courier service'' after ``Postal Service''; and (3) by inserting ``or private courier service'' after ``by mail''. (b) Definition.-- (1) Private courier service.--Section 1346 of title 18, United States Code, is amended to read as follows: ``Sec. 1346. Definitions ``In this chapter-- ```private courier service' means a private entity providing services provided by the United States Postal Service. ```scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services.''. (2) Technical amendment.--The chapter analysis for chapter 63 of title 18, United States Code, is amended by striking the item for section 1346 and inserting the following item: ``1346. Definitions.''. SEC. 209. STUDY ON MEDICAID FRAUD AND SOCIAL SECURITY FRAUD. The Social Security Administration shall conduct a study of Medicaid fraud and Social Security fraud. Not later than 180 days after the date of the enactment of this Act, the Administration shall report to Congress the results of that study.

TABLE OF CONTENTS: Title I: Violent Crimes Title II: Fraud Senior Citizen Protection Act of 1993 - Title I: Violent Crimes - Amends the Federal criminal code to require a mandatory sentence upon conviction of a felony against an individual age 65 or over (elderly victim). Bars the court from suspending such sentence or giving the defendant probation. Requires that such a sentence be served consecutively and that the court reject specified plea agreements. Authorizes the death penalty in any case in which Federal law punishes conduct that is first-degree murder. Title II: Fraud - Directs the Federal Trade Commission (FTC) to participate in, and be on the receiving list of law enforcement products of, the Treasury Department's Financial Crimes Enforcement Center. Revises provisions of the Federal Trade Commission Act to authorize: (1) service of process wherever a party may be found in certain cases of fraud; and (2) the FTC to bring a criminal contempt action for violations of orders in such cases. Requires: (1) the U.S. Sentencing Commission to amend its sentencing guidelines to provide for increased offense levels based on the number of victims in cases of fraud and deceit and based on victims being elderly; and (2) (current law authorizes) the court to order restitution to victims of specified violations of the Federal Aviation Act of 1958. Expresses the sense of the Congress that: (1) all U.S. Attorneys should regularly enter information on telemarketing fraud into the database of the National Telemarketing Fraud Working Group; and (2) such Group and the States should continue to cooperate in coordinating the prosecution of offenders in venues that are convenient to the victims. Subjects to civil forfeiture any property traceable to the proceeds of violations of specified anti-fraud provisions which relate to crimes against elderly victims. Requires the court to order violators to forfeit property constituting or derived from proceeds obtained as the result of such a violation. Permits up to 25 percent of the amounts so forfeited to be used to provide restitution to victims. Directs: (1) the Attorney General to prepare model State laws on licensing of home repair contractors, mortgage companies, and prize giveaway companies and to designate 50 positions for attorneys and support staff for the prosecution of consumer fraud and for law enforcement and consumer fraud education programs; and (2) the Social Security Administration to conduct a study of Medicaid and social security fraud. Extends mail fraud provisions to cover private courier services.

Senior Citizen Protection Act of 1993